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117s3738is | 117 | s | 3,738 | is | To direct the Secretary of the Interior to reissue final rules relating to listing the gray wolf in the Western Great Lakes and Wyoming under the Endangered Species Act of 1973. | [
{
"text": "1. Reissuance of final rule regarding gray wolves in Western Great Lakes \nBefore the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666), without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance shall not be subject to judicial review.",
"id": "id8e5e6dae-5963-4ef6-9fc1-4cfdb2df966b",
"header": "Reissuance of final rule regarding gray wolves in Western Great Lakes"
},
{
"text": "2. Reissuance of final rule regarding gray wolves in Wyoming \nThe final rule published on September 10, 2012 (77 Fed. Reg. 55530), that was reinstated on March 3, 2017, by the decision of the U.S. Court of Appeals for the District of Columbia (No. 14–5300) and further republished on May 1, 2017 (82 Fed. Reg. 20284–85), that reinstates the removal of Federal protections for the gray wolf in Wyoming under the Endangered Species Act of 1973, as amended, shall not be subject to judicial review.",
"id": "id17d8cdbc-eb65-4c55-968a-85adb0e7634f",
"header": "Reissuance of final rule regarding gray wolves in Wyoming"
}
] | 2 | 1. Reissuance of final rule regarding gray wolves in Western Great Lakes
Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666), without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance shall not be subject to judicial review. 2. Reissuance of final rule regarding gray wolves in Wyoming
The final rule published on September 10, 2012 (77 Fed. Reg. 55530), that was reinstated on March 3, 2017, by the decision of the U.S. Court of Appeals for the District of Columbia (No. 14–5300) and further republished on May 1, 2017 (82 Fed. Reg. 20284–85), that reinstates the removal of Federal protections for the gray wolf in Wyoming under the Endangered Species Act of 1973, as amended, shall not be subject to judicial review. | 924 |
117s2153is | 117 | s | 2,153 | is | To amend the National Flood Insurance Act of 1968 to ensure community accountability for areas repeatedly damaged by floods, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Repeatedly Flooded Communities Preparation Act.",
"id": "H1BBFE7B4D2DA4886A0E2F5C17C59569E",
"header": "Short title"
},
{
"text": "2. Community accountability for repeatedly flooded areas \n(a) In general \nSection 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ) is amended by adding at the end the following: (e) Community accountability for repeatedly damaged areas \n(1) Definitions \nIn this subsection— (A) the term covered community means a community— (i) that is participating in the national flood insurance program under section 1315; and (ii) within which are located— (I) not fewer than 50 repetitive loss structures with respect to each of which, during any 10-year period, there have been not fewer than 2 claims for payments under flood insurance coverage for a total amount that is more than $1,000; (II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or (III) a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) relating to more than 1 flooding event during the most recent 10-year period; (B) the terms private nonprofit facility and public facility have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); and (C) the term severe repetitive loss structure has the meaning given the term in section 1366(h). (2) Requirements for covered communities \nThe Administrator shall, by regulation, require a covered community to— (A) determine the areas within the covered community in which properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located in order to identify areas that are repeatedly damaged by floods; (B) assess, with assistance from the Administrator, the continuing risks to the repeatedly damaged areas identified under subparagraph (A); (C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified under subparagraph (A); (D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; (E) implement the plan described in subparagraph (C) and any updates to the plan; and (F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. (3) Incorporation into existing plans \nA covered community may incorporate a plan developed under paragraph (2)(C), including any updates to such a plan, into a mitigation plan developed under— (A) section 1366; and (B) section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). (4) Assistance to communities \n(A) Data \nTo assist a covered community in developing a plan required under paragraph (2)(C), including any updates to such a plan, the Administrator shall, upon request, provide the covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. (B) Mitigation grants \nIn making a determination regarding financial assistance under this Act, the Administrator may consider the extent to which a covered community— (i) has complied with this subsection; and (ii) is working to remedy problems with respect to repeatedly flooded areas. (5) Sanctions \n(A) In general \nThe Administrator may, by regulations issued in accordance with the procedures required under section 553 of title 5, United States Code, impose appropriate sanctions on a covered community that fails to— (i) comply with this subsection; or (ii) make sufficient progress in reducing the flood risks to areas in the covered community that are repeatedly damaged by floods. (B) Suspension and probation \nThe sanctions described in subparagraph (A) may include suspension from the national flood insurance program or probation under that program, as provided under section 59.24 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this subsection. (C) Notice \n(i) In general \nBefore imposing any sanctions under this paragraph, the Administrator shall provide the covered community that is subject to the sanctions with notice of the violation that may subject the covered community to the sanctions. (ii) Contents \nThe notice required under clause (i) shall include recommendations for actions that the covered community receiving the notice may take in order to bring the covered community into compliance. (D) Considerations \nIn determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community that is subject to the sanctions, including— (i) any Federal funding received by the covered community; (ii) the portion of the covered community that lies within an area having special flood hazards; and (iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. (6) Reports to Congress \nNot later than 6 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C), including any updates to those plans.. (b) Regulations \nNot later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ), as added by subsection (a) of this section.",
"id": "H90731721386A4B378488FA0EEA555AD6",
"header": "Community accountability for repeatedly flooded areas"
}
] | 2 | 1. Short title
This Act may be cited as the Repeatedly Flooded Communities Preparation Act. 2. Community accountability for repeatedly flooded areas
(a) In general
Section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ) is amended by adding at the end the following: (e) Community accountability for repeatedly damaged areas
(1) Definitions
In this subsection— (A) the term covered community means a community— (i) that is participating in the national flood insurance program under section 1315; and (ii) within which are located— (I) not fewer than 50 repetitive loss structures with respect to each of which, during any 10-year period, there have been not fewer than 2 claims for payments under flood insurance coverage for a total amount that is more than $1,000; (II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or (III) a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) relating to more than 1 flooding event during the most recent 10-year period; (B) the terms private nonprofit facility and public facility have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); and (C) the term severe repetitive loss structure has the meaning given the term in section 1366(h). (2) Requirements for covered communities
The Administrator shall, by regulation, require a covered community to— (A) determine the areas within the covered community in which properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located in order to identify areas that are repeatedly damaged by floods; (B) assess, with assistance from the Administrator, the continuing risks to the repeatedly damaged areas identified under subparagraph (A); (C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified under subparagraph (A); (D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; (E) implement the plan described in subparagraph (C) and any updates to the plan; and (F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. (3) Incorporation into existing plans
A covered community may incorporate a plan developed under paragraph (2)(C), including any updates to such a plan, into a mitigation plan developed under— (A) section 1366; and (B) section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). (4) Assistance to communities
(A) Data
To assist a covered community in developing a plan required under paragraph (2)(C), including any updates to such a plan, the Administrator shall, upon request, provide the covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. (B) Mitigation grants
In making a determination regarding financial assistance under this Act, the Administrator may consider the extent to which a covered community— (i) has complied with this subsection; and (ii) is working to remedy problems with respect to repeatedly flooded areas. (5) Sanctions
(A) In general
The Administrator may, by regulations issued in accordance with the procedures required under section 553 of title 5, United States Code, impose appropriate sanctions on a covered community that fails to— (i) comply with this subsection; or (ii) make sufficient progress in reducing the flood risks to areas in the covered community that are repeatedly damaged by floods. (B) Suspension and probation
The sanctions described in subparagraph (A) may include suspension from the national flood insurance program or probation under that program, as provided under section 59.24 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this subsection. (C) Notice
(i) In general
Before imposing any sanctions under this paragraph, the Administrator shall provide the covered community that is subject to the sanctions with notice of the violation that may subject the covered community to the sanctions. (ii) Contents
The notice required under clause (i) shall include recommendations for actions that the covered community receiving the notice may take in order to bring the covered community into compliance. (D) Considerations
In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community that is subject to the sanctions, including— (i) any Federal funding received by the covered community; (ii) the portion of the covered community that lies within an area having special flood hazards; and (iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. (6) Reports to Congress
Not later than 6 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C), including any updates to those plans.. (b) Regulations
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ), as added by subsection (a) of this section. | 5,973 |
117s2374is | 117 | s | 2,374 | is | To impose sanctions with respect to the Supreme Leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, and Sayyud Ebrahim Raisol-Sadati, who was elected president of the Islamic Republic of Iran in the 2021 presidential election. | [
{
"text": "1. Imposition of sanctions with respect to officials of the Islamic Republic of Iran \nThe President shall impose the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to the Supreme Leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, and Sayyud Ebrahim Raisol-Sadati, who was elected president of the Islamic Republic of Iran in the 2021 presidential election.",
"id": "id88dba83473b642e9aacfc382bafb5e66",
"header": "Imposition of sanctions with respect to officials of the Islamic Republic of Iran"
}
] | 1 | 1. Imposition of sanctions with respect to officials of the Islamic Republic of Iran
The President shall impose the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to the Supreme Leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, and Sayyud Ebrahim Raisol-Sadati, who was elected president of the Islamic Republic of Iran in the 2021 presidential election. | 500 |
117s1710is | 117 | s | 1,710 | is | To amend title 23, United States Code, to ensure that Federal-aid highways, bridges, and tunnels are more resilient, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Resilient Highways Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. National highway performance program \nSection 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide support for measures to increase the resiliency of Federal-aid highways, bridges, and tunnels on and off the National Highway System to mitigate the impacts of sea level rise and extreme weather events. ; and (2) by adding at the end the following: (k) Protective features \n(1) In general \nA State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for a protective feature on a Federal-aid highway, bridge, or tunnel, if the protective feature is an economically justified improvement designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather, flooding, and other natural disasters. (2) Protective features described \nA protective feature referred to in paragraph (1) may include— (A) raising roadway grades; (B) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) installing riprap; (F) lengthening or raising bridges to increase waterway openings; (G) deepening channels to prevent flooding; (H) increasing the size or number of drainage structures; (I) replacing culverts with bridges or upsizing culverts; (J) repairing or maintaining tide gates; (K) installing seismic retrofits on bridges; (L) adding scour protection at bridges; (M) adding spur dikes; (N) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (O) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary. (3) Savings provision \nNothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1)..",
"id": "idB94EBCBEB4074BF3863A5B70B3E796BE",
"header": "National highway performance program"
},
{
"text": "3. Federal share payable \nSection 120(c) of title 23, United States Code, is amended by adding at the end the following: (4) Protective features \n(A) In general \nNotwithstanding any other provision of law, the Federal share payable for the cost of a protective feature on a Federal-aid highway, bridge, or tunnel project under this title may be up to 100 percent, at the discretion of the State, if the protective feature is an economically justified improvement to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described \nA protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary..",
"id": "idED7144DADBC443D0A580EBF0534BE020",
"header": "Federal share payable"
},
{
"text": "4. Emergency relief \nSection 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting wildfire, sea level rise, after severe storm ; (2) by striking subsection (b) and inserting the following: (b) Restriction on eligibility \nFunds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ; and (ii) by striking a facility that meets the current and inserting the following: a facility that— (i) meets the current ; and (iii) by adding at the end the following: (ii) incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) Protective features \n(A) In general \nThe cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is economically justified to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described \nA protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary..",
"id": "idE9F3592D51DF4BE38E86BCE09753B13F",
"header": "Emergency relief"
}
] | 4 | 1. Short title
This Act may be cited as the Resilient Highways Act of 2021. 2. National highway performance program
Section 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide support for measures to increase the resiliency of Federal-aid highways, bridges, and tunnels on and off the National Highway System to mitigate the impacts of sea level rise and extreme weather events. ; and (2) by adding at the end the following: (k) Protective features
(1) In general
A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for a protective feature on a Federal-aid highway, bridge, or tunnel, if the protective feature is an economically justified improvement designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather, flooding, and other natural disasters. (2) Protective features described
A protective feature referred to in paragraph (1) may include— (A) raising roadway grades; (B) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) installing riprap; (F) lengthening or raising bridges to increase waterway openings; (G) deepening channels to prevent flooding; (H) increasing the size or number of drainage structures; (I) replacing culverts with bridges or upsizing culverts; (J) repairing or maintaining tide gates; (K) installing seismic retrofits on bridges; (L) adding scour protection at bridges; (M) adding spur dikes; (N) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (O) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary. (3) Savings provision
Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).. 3. Federal share payable
Section 120(c) of title 23, United States Code, is amended by adding at the end the following: (4) Protective features
(A) In general
Notwithstanding any other provision of law, the Federal share payable for the cost of a protective feature on a Federal-aid highway, bridge, or tunnel project under this title may be up to 100 percent, at the discretion of the State, if the protective feature is an economically justified improvement to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described
A protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary.. 4. Emergency relief
Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting wildfire, sea level rise, after severe storm ; (2) by striking subsection (b) and inserting the following: (b) Restriction on eligibility
Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ; and (ii) by striking a facility that meets the current and inserting the following: a facility that— (i) meets the current ; and (iii) by adding at the end the following: (ii) incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) Protective features
(A) In general
The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is economically justified to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described
A protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary.. | 6,604 |
117s691is | 117 | s | 691 | is | To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Global Trade Accountability Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Congressional review of unilateral trade actions \n(a) In general \nChapter 5 of title I of the Trade Act of 1974 ( 19 U.S.C. 2191 et seq.) is amended by adding at the end the following: 155. Congressional review of unilateral trade actions \n(a) Unilateral trade action defined \n(1) In general \nIn this section, the term unilateral trade action means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2): (A) A prohibition on importation of the article. (B) The imposition of or an increase in a duty applicable to the article. (C) The imposition or tightening of a tariff-rate quota applicable to the article. (D) The imposition or tightening of a quantitative restriction on the importation of the article. (E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. (F) Any other restriction on importation of the article. (2) Provisions of law specified \nThe provisions of law specified in this paragraph are the following: (A) Section 122. (B) Chapter 1 of title II. (C) Title III. (D) Section 406. (E) Section 338 of the Tariff Act of 1930 ( 19 U.S.C. 1338 ). (F) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202(a) ). (H) The Trading with the Enemy Act ( 50 U.S.C. 4301 et seq.). (I) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). (J) Any provision of law enacted to implement a trade agreement to which the United States is a party. (K) Any provision of a trade agreement to which the United States is a party. (3) Exception for technical corrections to Harmonized Tariff Schedule \nA technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. (b) Congressional approval required \nA unilateral trade action may not take effect unless— (1) the President submits to Congress and to the Comptroller General of the United States a report that includes— (A) a description of the proposed unilateral trade action; (B) the proposed effective period for the action; (C) an economic cost-benefit analysis of the action, including an assessment of— (i) whether the action is in the national economic interest of the United States; and (ii) the macroeconomic effects of the action on— (I) employment in the United States; (II) the gross domestic product of the United States; and (III) revenues and expenditures of the Federal Government; and (D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and (2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. (c) Report of Comptroller General \nNot later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. (d) Procedures for joint resolution of approval \n(1) Joint resolution of approval defined \nFor purposes of this subsection, the term joint resolution of approval means a joint resolution of either House of Congress that— (A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and (B) describes the action being approved by Congress. (2) Introduction \nDuring the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. (3) Committee consideration \n(A) Referral \nA joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (B) Consideration \nThe Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. (C) Reporting \n(i) In general \nSubject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. (ii) Subsequent resolutions \nIf a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. (iii) Placement on calendar \nA joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. (D) Discharge \n(i) In general \nIf the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. (ii) Prohibition on motions to recommit \nA motion to recommit a joint resolution of approval shall not be in order. (iii) Subsequent resolutions \nIf a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. (4) Floor consideration in Senate \nIn the Senate: (A) Motion to proceed \n(i) Timing \nA motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. (ii) Motion by any Senator \nAny Senator may move to proceed to a joint resolution of approval. (iii) Privilege \nA motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. (iv) Debate \nDebate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. (v) Motion not amendable \nThe motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. (vi) Other motions not in order \nAfter a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. (B) Motions and appeals \nAll motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. (5) Consideration in House of Representatives \nIn the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (6) Receipt of resolution from other house \nIf, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then— (A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (7) Rules of House of Representatives and Senate \nThis subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (e) Report by the United States International Trade Commission \nNot later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States.. (b) Clerical amendment \nThe table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following: Sec. 155. Congressional review of unilateral trade actions..",
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"header": "Congressional review of unilateral trade actions"
},
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"text": "155. Congressional review of unilateral trade actions \n(a) Unilateral trade action defined \n(1) In general \nIn this section, the term unilateral trade action means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2): (A) A prohibition on importation of the article. (B) The imposition of or an increase in a duty applicable to the article. (C) The imposition or tightening of a tariff-rate quota applicable to the article. (D) The imposition or tightening of a quantitative restriction on the importation of the article. (E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. (F) Any other restriction on importation of the article. (2) Provisions of law specified \nThe provisions of law specified in this paragraph are the following: (A) Section 122. (B) Chapter 1 of title II. (C) Title III. (D) Section 406. (E) Section 338 of the Tariff Act of 1930 ( 19 U.S.C. 1338 ). (F) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202(a) ). (H) The Trading with the Enemy Act ( 50 U.S.C. 4301 et seq.). (I) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). (J) Any provision of law enacted to implement a trade agreement to which the United States is a party. (K) Any provision of a trade agreement to which the United States is a party. (3) Exception for technical corrections to Harmonized Tariff Schedule \nA technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. (b) Congressional approval required \nA unilateral trade action may not take effect unless— (1) the President submits to Congress and to the Comptroller General of the United States a report that includes— (A) a description of the proposed unilateral trade action; (B) the proposed effective period for the action; (C) an economic cost-benefit analysis of the action, including an assessment of— (i) whether the action is in the national economic interest of the United States; and (ii) the macroeconomic effects of the action on— (I) employment in the United States; (II) the gross domestic product of the United States; and (III) revenues and expenditures of the Federal Government; and (D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and (2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. (c) Report of Comptroller General \nNot later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. (d) Procedures for joint resolution of approval \n(1) Joint resolution of approval defined \nFor purposes of this subsection, the term joint resolution of approval means a joint resolution of either House of Congress that— (A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and (B) describes the action being approved by Congress. (2) Introduction \nDuring the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. (3) Committee consideration \n(A) Referral \nA joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (B) Consideration \nThe Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. (C) Reporting \n(i) In general \nSubject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. (ii) Subsequent resolutions \nIf a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. (iii) Placement on calendar \nA joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. (D) Discharge \n(i) In general \nIf the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. (ii) Prohibition on motions to recommit \nA motion to recommit a joint resolution of approval shall not be in order. (iii) Subsequent resolutions \nIf a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. (4) Floor consideration in Senate \nIn the Senate: (A) Motion to proceed \n(i) Timing \nA motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. (ii) Motion by any Senator \nAny Senator may move to proceed to a joint resolution of approval. (iii) Privilege \nA motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. (iv) Debate \nDebate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. (v) Motion not amendable \nThe motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. (vi) Other motions not in order \nAfter a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. (B) Motions and appeals \nAll motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. (5) Consideration in House of Representatives \nIn the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (6) Receipt of resolution from other house \nIf, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then— (A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (7) Rules of House of Representatives and Senate \nThis subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (e) Report by the United States International Trade Commission \nNot later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States.",
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"header": "Congressional review of unilateral trade actions"
}
] | 3 | 1. Short title
This Act may be cited as the Global Trade Accountability Act. 2. Congressional review of unilateral trade actions
(a) In general
Chapter 5 of title I of the Trade Act of 1974 ( 19 U.S.C. 2191 et seq.) is amended by adding at the end the following: 155. Congressional review of unilateral trade actions
(a) Unilateral trade action defined
(1) In general
In this section, the term unilateral trade action means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2): (A) A prohibition on importation of the article. (B) The imposition of or an increase in a duty applicable to the article. (C) The imposition or tightening of a tariff-rate quota applicable to the article. (D) The imposition or tightening of a quantitative restriction on the importation of the article. (E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. (F) Any other restriction on importation of the article. (2) Provisions of law specified
The provisions of law specified in this paragraph are the following: (A) Section 122. (B) Chapter 1 of title II. (C) Title III. (D) Section 406. (E) Section 338 of the Tariff Act of 1930 ( 19 U.S.C. 1338 ). (F) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202(a) ). (H) The Trading with the Enemy Act ( 50 U.S.C. 4301 et seq.). (I) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). (J) Any provision of law enacted to implement a trade agreement to which the United States is a party. (K) Any provision of a trade agreement to which the United States is a party. (3) Exception for technical corrections to Harmonized Tariff Schedule
A technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. (b) Congressional approval required
A unilateral trade action may not take effect unless— (1) the President submits to Congress and to the Comptroller General of the United States a report that includes— (A) a description of the proposed unilateral trade action; (B) the proposed effective period for the action; (C) an economic cost-benefit analysis of the action, including an assessment of— (i) whether the action is in the national economic interest of the United States; and (ii) the macroeconomic effects of the action on— (I) employment in the United States; (II) the gross domestic product of the United States; and (III) revenues and expenditures of the Federal Government; and (D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and (2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. (c) Report of Comptroller General
Not later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. (d) Procedures for joint resolution of approval
(1) Joint resolution of approval defined
For purposes of this subsection, the term joint resolution of approval means a joint resolution of either House of Congress that— (A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and (B) describes the action being approved by Congress. (2) Introduction
During the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. (3) Committee consideration
(A) Referral
A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (B) Consideration
The Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. (C) Reporting
(i) In general
Subject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. (ii) Subsequent resolutions
If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. (iii) Placement on calendar
A joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. (D) Discharge
(i) In general
If the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. (ii) Prohibition on motions to recommit
A motion to recommit a joint resolution of approval shall not be in order. (iii) Subsequent resolutions
If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. (4) Floor consideration in Senate
In the Senate: (A) Motion to proceed
(i) Timing
A motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. (ii) Motion by any Senator
Any Senator may move to proceed to a joint resolution of approval. (iii) Privilege
A motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. (iv) Debate
Debate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. (v) Motion not amendable
The motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. (vi) Other motions not in order
After a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. (B) Motions and appeals
All motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. (5) Consideration in House of Representatives
In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (6) Receipt of resolution from other house
If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then— (A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (7) Rules of House of Representatives and Senate
This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (e) Report by the United States International Trade Commission
Not later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States.. (b) Clerical amendment
The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following: Sec. 155. Congressional review of unilateral trade actions.. 155. Congressional review of unilateral trade actions
(a) Unilateral trade action defined
(1) In general
In this section, the term unilateral trade action means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2): (A) A prohibition on importation of the article. (B) The imposition of or an increase in a duty applicable to the article. (C) The imposition or tightening of a tariff-rate quota applicable to the article. (D) The imposition or tightening of a quantitative restriction on the importation of the article. (E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. (F) Any other restriction on importation of the article. (2) Provisions of law specified
The provisions of law specified in this paragraph are the following: (A) Section 122. (B) Chapter 1 of title II. (C) Title III. (D) Section 406. (E) Section 338 of the Tariff Act of 1930 ( 19 U.S.C. 1338 ). (F) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202(a) ). (H) The Trading with the Enemy Act ( 50 U.S.C. 4301 et seq.). (I) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). (J) Any provision of law enacted to implement a trade agreement to which the United States is a party. (K) Any provision of a trade agreement to which the United States is a party. (3) Exception for technical corrections to Harmonized Tariff Schedule
A technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. (b) Congressional approval required
A unilateral trade action may not take effect unless— (1) the President submits to Congress and to the Comptroller General of the United States a report that includes— (A) a description of the proposed unilateral trade action; (B) the proposed effective period for the action; (C) an economic cost-benefit analysis of the action, including an assessment of— (i) whether the action is in the national economic interest of the United States; and (ii) the macroeconomic effects of the action on— (I) employment in the United States; (II) the gross domestic product of the United States; and (III) revenues and expenditures of the Federal Government; and (D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and (2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. (c) Report of Comptroller General
Not later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. (d) Procedures for joint resolution of approval
(1) Joint resolution of approval defined
For purposes of this subsection, the term joint resolution of approval means a joint resolution of either House of Congress that— (A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and (B) describes the action being approved by Congress. (2) Introduction
During the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. (3) Committee consideration
(A) Referral
A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (B) Consideration
The Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. (C) Reporting
(i) In general
Subject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. (ii) Subsequent resolutions
If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. (iii) Placement on calendar
A joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. (D) Discharge
(i) In general
If the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. (ii) Prohibition on motions to recommit
A motion to recommit a joint resolution of approval shall not be in order. (iii) Subsequent resolutions
If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. (4) Floor consideration in Senate
In the Senate: (A) Motion to proceed
(i) Timing
A motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. (ii) Motion by any Senator
Any Senator may move to proceed to a joint resolution of approval. (iii) Privilege
A motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. (iv) Debate
Debate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. (v) Motion not amendable
The motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. (vi) Other motions not in order
After a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. (B) Motions and appeals
All motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. (5) Consideration in House of Representatives
In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (6) Receipt of resolution from other house
If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then— (A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (7) Rules of House of Representatives and Senate
This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (e) Report by the United States International Trade Commission
Not later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States. | 21,263 |
117s3809is | 117 | s | 3,809 | is | To require the Comptroller General of the United States to conduct a study relating to COVID–19 immunity resulting from a prior infection, vaccination, or both, and the COVID–19 pandemic. | [
{
"text": "1. Short title \nThis Act may be cited as the Apply the Science Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. GAO study on natural immunity in relation to the COVID–19 pandemic \n(a) Study \nNot later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine the following: (1) What is the current scientific understanding of the duration and effectiveness of COVID–19 immunity resulting from a prior infection, vaccination, or both, including any differences across population groups. (2) To what extent does the Centers for Disease Control and Prevention make available, to key stakeholders, the body of work it has assessed to inform its policy decisions related to COVID–19 infection-acquired and vaccine-induced immunity. (3) To what extent do select foreign countries take into account the scientific evidence pertaining to COVID–19 infection-acquired immunity when creating public health regulations or guidance. (4) To what extent can diagnostic tests that measure the immune response be better utilized in a comprehensive COVID–19 response, including in high-risk population groups, and barriers to current use of these diagnostic tests. (b) Report \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the determinations made pursuant to subsection (a).",
"id": "idA6897BFDFD534C1BA3D0BBDC44874B3C",
"header": "GAO study on natural immunity in relation to the COVID–19 pandemic"
}
] | 2 | 1. Short title
This Act may be cited as the Apply the Science Act. 2. GAO study on natural immunity in relation to the COVID–19 pandemic
(a) Study
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine the following: (1) What is the current scientific understanding of the duration and effectiveness of COVID–19 immunity resulting from a prior infection, vaccination, or both, including any differences across population groups. (2) To what extent does the Centers for Disease Control and Prevention make available, to key stakeholders, the body of work it has assessed to inform its policy decisions related to COVID–19 infection-acquired and vaccine-induced immunity. (3) To what extent do select foreign countries take into account the scientific evidence pertaining to COVID–19 infection-acquired immunity when creating public health regulations or guidance. (4) To what extent can diagnostic tests that measure the immune response be better utilized in a comprehensive COVID–19 response, including in high-risk population groups, and barriers to current use of these diagnostic tests. (b) Report
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the determinations made pursuant to subsection (a). | 1,424 |
117s4587is | 117 | s | 4,587 | is | To award a Congressional Gold Medal to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law. | [
{
"text": "1. Short title \nThis Act may be cited as the Benjamin Berell Ferencz Congressional Gold Medal Act.",
"id": "HB6683734F0A147CB9FC58CE87DAFB514",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) Benjamin Ben Berell Ferencz was born on March 11, 1920, in Transylvania, now modern day Hungary. (2) In 1920, Ben and his family fled anti-Semitic persecution and emigrated to the United States. Ben grew up in New York City, and in 1940, was awarded a scholarship to Harvard Law School where he graduated with honors. (3) After the onset of World War II, Ben enlisted in the United States Army in 1943, and joined an anti-aircraft artillery battalion preparing for the invasion of France. As an enlisted man under General Patton, he fought in most of the major campaigns in Europe. (4) As Nazi atrocities were uncovered, Ben was transferred to a newly created War Crimes Branch of the Army to gather evidence of war crimes that could be used in a court of law to prosecute persons responsible for these crimes. Ben documented the horrors perpetrated by Nazi Germany, visiting concentration camps as they were liberated. (5) At the end of 1945, Ben was honorably discharged from the United States Army with the rank of Sergeant of Infantry. He had been awarded 5 battle stars. (6) In 1946, the United States Government recruited Ben to join the team working on the Nuremberg tribunals, a novel independent court established to try top-ranking Nazi officials for crimes perpetrated during the course of the war, including those crimes we now call the Holocaust. Mr. Ferencz was sent to Berlin to oversee a team of 50 researchers investigating official Nazi records, which provided overwhelming evidence to implicate German doctors, lawyers, judges, generals, industrialists, and others in genocide. (7) By 1948, at age 27, Ben had secured enough evidence to prosecute 22 SS members of Nazi killing squads charged for the murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, women, and children in shooting massacres in occupied Soviet territory. He was appointed chief prosecutor in the Einsatzgruppen Trial, in what the Associated Press called the biggest murder trial in history. The court found 20 Nazi officials guilty of war crimes, crimes against humanity, and membership in a criminal organization for their roles in the murder of over a million people. An additional 2 defendants were found guilty for membership in a criminal organization. (8) After the Nuremberg trials ended, Ben fought for compensation for victims and survivors of the Holocaust, the return of stolen assets, and other forms of restitution for those who had suffered at the hands of the Nazis. (9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes. His efforts contributed to the establishment of the International Criminal Court and to the recognition of aggression as an international crime. (10) Ben is a tireless advocate for international criminal justice and the conviction that the rule of law offers the world a sustainable path to stem conflict and reach peaceful conclusions to geopolitical disputes. His unwavering goal has been to establish a legal precedent that would encourage a more humane and secure world in the future. (11) Ben, at age 101, is still active, giving speeches throughout the world about lessons learned during his extraordinary career. He is compelled by the imperative to replace the rule of force with the rule of law , promoting judicial mechanisms that can resolve conflict. He often tells young people to never give up because the fight for peace and justice is worth the long struggle ahead.",
"id": "H0367CCC88F1547CEA0B53B5EC58AD4E2",
"header": "Findings"
},
{
"text": "3. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.",
"id": "H145DCBAF1AFD4BDC86D1A088FBB814C3",
"header": "Congressional gold medal"
},
{
"text": "4. Duplicate medals \n(a) In general \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. (b) United States Holocaust Memorial Museum \n(1) In general \nThe Secretary shall provide a duplicate bronze medal described under subsection (a) to the United States Holocaust Memorial Museum. (2) Sense of Congress \nIt is the sense of Congress that the United States Holocaust Memorial Museum should make the duplicate medal received under this subsection available for display to the public whenever the United States Holocaust Memorial Museum determines that such display is timely, feasible, and practical.",
"id": "H68F6C9069D804D7B94BCCC10E7B313FD",
"header": "Duplicate medals"
},
{
"text": "5. Status of medals \n(a) National medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.",
"id": "H00FEBE14478E42EB9ADE8E4EC338F900",
"header": "Status of medals"
},
{
"text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.",
"id": "H49934DA80F7E47FD811E9D3232F7198B",
"header": "Authority to use fund amounts; proceeds of sale"
}
] | 6 | 1. Short title
This Act may be cited as the Benjamin Berell Ferencz Congressional Gold Medal Act. 2. Findings
Congress finds the following: (1) Benjamin Ben Berell Ferencz was born on March 11, 1920, in Transylvania, now modern day Hungary. (2) In 1920, Ben and his family fled anti-Semitic persecution and emigrated to the United States. Ben grew up in New York City, and in 1940, was awarded a scholarship to Harvard Law School where he graduated with honors. (3) After the onset of World War II, Ben enlisted in the United States Army in 1943, and joined an anti-aircraft artillery battalion preparing for the invasion of France. As an enlisted man under General Patton, he fought in most of the major campaigns in Europe. (4) As Nazi atrocities were uncovered, Ben was transferred to a newly created War Crimes Branch of the Army to gather evidence of war crimes that could be used in a court of law to prosecute persons responsible for these crimes. Ben documented the horrors perpetrated by Nazi Germany, visiting concentration camps as they were liberated. (5) At the end of 1945, Ben was honorably discharged from the United States Army with the rank of Sergeant of Infantry. He had been awarded 5 battle stars. (6) In 1946, the United States Government recruited Ben to join the team working on the Nuremberg tribunals, a novel independent court established to try top-ranking Nazi officials for crimes perpetrated during the course of the war, including those crimes we now call the Holocaust. Mr. Ferencz was sent to Berlin to oversee a team of 50 researchers investigating official Nazi records, which provided overwhelming evidence to implicate German doctors, lawyers, judges, generals, industrialists, and others in genocide. (7) By 1948, at age 27, Ben had secured enough evidence to prosecute 22 SS members of Nazi killing squads charged for the murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, women, and children in shooting massacres in occupied Soviet territory. He was appointed chief prosecutor in the Einsatzgruppen Trial, in what the Associated Press called the biggest murder trial in history. The court found 20 Nazi officials guilty of war crimes, crimes against humanity, and membership in a criminal organization for their roles in the murder of over a million people. An additional 2 defendants were found guilty for membership in a criminal organization. (8) After the Nuremberg trials ended, Ben fought for compensation for victims and survivors of the Holocaust, the return of stolen assets, and other forms of restitution for those who had suffered at the hands of the Nazis. (9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes. His efforts contributed to the establishment of the International Criminal Court and to the recognition of aggression as an international crime. (10) Ben is a tireless advocate for international criminal justice and the conviction that the rule of law offers the world a sustainable path to stem conflict and reach peaceful conclusions to geopolitical disputes. His unwavering goal has been to establish a legal precedent that would encourage a more humane and secure world in the future. (11) Ben, at age 101, is still active, giving speeches throughout the world about lessons learned during his extraordinary career. He is compelled by the imperative to replace the rule of force with the rule of law , promoting judicial mechanisms that can resolve conflict. He often tells young people to never give up because the fight for peace and justice is worth the long struggle ahead. 3. Congressional gold medal
(a) Presentation authorized
The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law. (b) Design and striking
For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals
(a) In general
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. (b) United States Holocaust Memorial Museum
(1) In general
The Secretary shall provide a duplicate bronze medal described under subsection (a) to the United States Holocaust Memorial Museum. (2) Sense of Congress
It is the sense of Congress that the United States Holocaust Memorial Museum should make the duplicate medal received under this subsection available for display to the public whenever the United States Holocaust Memorial Museum determines that such display is timely, feasible, and practical. 5. Status of medals
(a) National medals
The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items
For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale
(a) Authority To use fund amounts
There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale
Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | 6,019 |
117s3817rs | 117 | s | 3,817 | rs | To improve the forecasting and understanding of tornadoes and other hazardous weather, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Historically Black college or university \nThe term historically Black college or 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 ). (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.",
"id": "idBA51D79282784CFBA05CAEAFD827E9B9",
"header": "Definitions"
},
{
"text": "3. Hazardous weather and water event risk communication \n(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall establish, or designate an existing office to serve as, a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from authoritative social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science sound survey designs, taking into account the importance of reproducibility and replicability of results, using rigorous statistical analyses; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nThe Office shall periodically provide updates on best practices for communicating hazardous weather and water events to Federal, State, and local government partners, institutions of higher education, private entities, and media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program to test the effectiveness of implementing the research conducted under this subsection. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.",
"id": "id948d911d33df45bfb725d8d011d45ff1",
"header": "Hazardous weather and water event risk communication"
},
{
"text": "4. Warn-on-forecast strategic plan \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for tornadic conditions using a next-generation weather forecast and warning framework. (b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.",
"id": "idef9211cad3874d54add9860ef5626d6b",
"header": "Warn-on-forecast strategic plan"
},
{
"text": "5. Tornado rating system \n(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.",
"id": "id685cc7d4fca34a6f9bd9caaf1676c95e",
"header": "Tornado rating system"
},
{
"text": "6. Post-storm surveys and assessments \n(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including surveying individual responses and gathering survivability statistics. (e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).",
"id": "id0830837227ff4caa877ea9163c818b78",
"header": "Post-storm surveys and assessments"
},
{
"text": "7. VORTEX-USA program \n(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations \nThe Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornados; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to historically Black colleges and universities. (f) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2022 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..",
"id": "idADEFBB26EBB641C78AFEA7538631651C",
"header": "VORTEX-USA program"
},
{
"text": "8. Reports \n(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).",
"id": "id158C477306DD47CB827AD4690B5FA3EB",
"header": "Reports"
},
{
"text": "9. Government Accountability Office report on hazardous weather and water alert dissemination \n(a) In general \nNot later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water alerts and updates. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.",
"id": "id90e5dbab974d498eb11701ef338196f2",
"header": "Government Accountability Office report on hazardous weather and water alert dissemination"
},
{
"text": "1. Short title \nThis Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act.",
"id": "idd5b8bc70-7784-4330-bb0a-3a3b003e45d7",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Hazardous weather and water events \nThe term hazardous weather and water events means weather and water events that have a high risk of loss of life or property, including— (A) severe storms, such as hurricanes and short-fused, small-scale hazardous weather or hydrologic events produced by thunderstorms, including large hail, damaging winds, tornadoes, and flash floods; (B) winter storms, such as freezing or frozen precipitation (including freezing rain, sleet, and snow), or combined effects of freezing or frozen precipitation and strong winds; and (C) other weather hazards, such as extreme heat or cold, wildfire, drought, dense fog, high winds, river flooding and lakeshore flooding. (2) Historically Black college or university \nThe term historically Black college or 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 ). (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) National laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (6) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.",
"id": "idc02a5051-16b8-4f65-892a-61dbac7ae653",
"header": "Definitions"
},
{
"text": "3. Hazardous weather and water event risk communication \n(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nIn implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Tribal governments; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective actions and responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribal governments, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.",
"id": "id884364a6-98b4-4772-a298-51cd26e8faf2",
"header": "Hazardous weather and water event risk communication"
},
{
"text": "4. Warn-on-forecast strategic plan \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework. (b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.",
"id": "id53a90bd8-e7e2-4c9e-9ce5-7afd7153789d",
"header": "Warn-on-forecast strategic plan"
},
{
"text": "5. Tornado rating system \n(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.",
"id": "idc7ceaca2-530d-44d6-a30e-39d369234195",
"header": "Tornado rating system"
},
{
"text": "6. Post-storm surveys and assessments \n(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, Tribal governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics. (e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).",
"id": "id354ab05d-9132-41c7-971f-53cc1342e239",
"header": "Post-storm surveys and assessments"
},
{
"text": "7. VORTEX-USA program \n(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations \nThe Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \n(A) In general \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution \nIn this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). (f) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..",
"id": "id172c25b9-9acf-4b0d-8545-1332a8123ae3",
"header": "VORTEX-USA program"
},
{
"text": "8. Reports \n(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).",
"id": "id04aa60cb-33e0-425a-9963-6fa52a3c0904",
"header": "Reports"
},
{
"text": "9. Government Accountability Office report on hazardous weather and water alert dissemination \n(a) In general \nNot later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.",
"id": "idb3cbfa2e-5d4b-4e4f-89d2-6d09116b9d8b",
"header": "Government Accountability Office report on hazardous weather and water alert dissemination"
}
] | 18 | 1. Short title
This Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act. 2. Definitions
In this Act: (1) Historically Black college or university
The term historically Black college or 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 ). (2) Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Under Secretary
The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Hazardous weather and water event risk communication
(a) In general
The Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification
(1) In general
The Under Secretary shall establish, or designate an existing office to serve as, a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology
The Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement
The Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations
The Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan
The Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods
In carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from authoritative social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science sound survey designs, taking into account the importance of reproducibility and replicability of results, using rigorous statistical analyses; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination
The Office shall periodically provide updates on best practices for communicating hazardous weather and water events to Federal, State, and local government partners, institutions of higher education, private entities, and media partners. (8) Timeliness and consistency
The Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement
(1) In general
The Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination
In carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program required
(A) In general
To further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program to test the effectiveness of implementing the research conducted under this subsection. (B) Eligible institution defined
In this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management
The Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking
The Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks. 4. Warn-on-forecast strategic plan
(a) In general
Not later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for tornadic conditions using a next-generation weather forecast and warning framework. (b) Plan elements
The strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response. 5. Tornado rating system
(a) In general
The Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required
If the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system. 6. Post-storm surveys and assessments
(a) In general
The Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination
The Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability
The Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement
The Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including surveying individual responses and gathering survivability statistics. (e) Support for employees
The Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a). 7. VORTEX-USA program
(a) In general
Section 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations
The Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings
The program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornados; and (2) incorporate, as appropriate, hazard communication research. (e) Research
(1) In general
The Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions
In awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to historically Black colleges and universities. (f) Authorization of appropriations
There is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2022 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment
The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program.. 8. Reports
(a) Weather Research and Forecasting Innovation Act of 2017
(1) In general
Section 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment
Section 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992
Section 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ). 9. Government Accountability Office report on hazardous weather and water alert dissemination
(a) In general
Not later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water alerts and updates. (b) Elements
The report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure. 1. Short title
This Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act. 2. Definitions
In this Act: (1) Hazardous weather and water events
The term hazardous weather and water events means weather and water events that have a high risk of loss of life or property, including— (A) severe storms, such as hurricanes and short-fused, small-scale hazardous weather or hydrologic events produced by thunderstorms, including large hail, damaging winds, tornadoes, and flash floods; (B) winter storms, such as freezing or frozen precipitation (including freezing rain, sleet, and snow), or combined effects of freezing or frozen precipitation and strong winds; and (C) other weather hazards, such as extreme heat or cold, wildfire, drought, dense fog, high winds, river flooding and lakeshore flooding. (2) Historically Black college or university
The term historically Black college or 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 ). (3) Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) National laboratory
The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Tribal government
The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (6) Under Secretary
The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Hazardous weather and water event risk communication
(a) In general
The Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification
(1) In general
The Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology
The Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement
The Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations
The Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan
The Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods
In carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination
In implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Tribal governments; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency
The Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement
(1) In general
The Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective actions and responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination
In carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribal governments, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required
(A) In general
To further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined
In this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management
The Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking
The Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks. 4. Warn-on-forecast strategic plan
(a) In general
Not later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework. (b) Plan elements
The strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response. 5. Tornado rating system
(a) In general
The Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required
If the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system. 6. Post-storm surveys and assessments
(a) In general
The Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination
The Under Secretary shall coordinate with Federal, State, and local governments, Tribal governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability
The Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement
The Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics. (e) Support for employees
The Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a). 7. VORTEX-USA program
(a) In general
Section 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations
The Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings
The program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research
(1) In general
The Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions
(A) In general
In awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution
In this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). (f) Authorization of appropriations
There is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment
The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program.. 8. Reports
(a) Weather Research and Forecasting Innovation Act of 2017
(1) In general
Section 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment
Section 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992
Section 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ). 9. Government Accountability Office report on hazardous weather and water alert dissemination
(a) In general
Not later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates. (b) Elements
The report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure. | 31,071 |
117s3817is | 117 | s | 3,817 | is | To improve the forecasting and understanding of tornadoes and other hazardous weather, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Historically Black college or university \nThe term historically Black college or 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 ). (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.",
"id": "idBA51D79282784CFBA05CAEAFD827E9B9",
"header": "Definitions"
},
{
"text": "3. Hazardous weather and water event risk communication \n(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall establish, or designate an existing office to serve as, a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from authoritative social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science sound survey designs, taking into account the importance of reproducibility and replicability of results, using rigorous statistical analyses; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nThe Office shall periodically provide updates on best practices for communicating hazardous weather and water events to Federal, State, and local government partners, institutions of higher education, private entities, and media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program to test the effectiveness of implementing the research conducted under this subsection. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.",
"id": "id948d911d33df45bfb725d8d011d45ff1",
"header": "Hazardous weather and water event risk communication"
},
{
"text": "4. Warn-on-forecast strategic plan \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for tornadic conditions using a next-generation weather forecast and warning framework. (b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.",
"id": "idef9211cad3874d54add9860ef5626d6b",
"header": "Warn-on-forecast strategic plan"
},
{
"text": "5. Tornado rating system \n(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.",
"id": "id685cc7d4fca34a6f9bd9caaf1676c95e",
"header": "Tornado rating system"
},
{
"text": "6. Post-storm surveys and assessments \n(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including surveying individual responses and gathering survivability statistics. (e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).",
"id": "id0830837227ff4caa877ea9163c818b78",
"header": "Post-storm surveys and assessments"
},
{
"text": "7. VORTEX-USA program \n(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations \nThe Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornados; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to historically Black colleges and universities. (f) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2022 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..",
"id": "idADEFBB26EBB641C78AFEA7538631651C",
"header": "VORTEX-USA program"
},
{
"text": "8. Reports \n(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).",
"id": "id158C477306DD47CB827AD4690B5FA3EB",
"header": "Reports"
},
{
"text": "9. Government Accountability Office report on hazardous weather and water alert dissemination \n(a) In general \nNot later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water alerts and updates. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.",
"id": "id90e5dbab974d498eb11701ef338196f2",
"header": "Government Accountability Office report on hazardous weather and water alert dissemination"
}
] | 9 | 1. Short title
This Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act. 2. Definitions
In this Act: (1) Historically Black college or university
The term historically Black college or 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 ). (2) Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Under Secretary
The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Hazardous weather and water event risk communication
(a) In general
The Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification
(1) In general
The Under Secretary shall establish, or designate an existing office to serve as, a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology
The Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement
The Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations
The Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan
The Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods
In carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from authoritative social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science sound survey designs, taking into account the importance of reproducibility and replicability of results, using rigorous statistical analyses; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination
The Office shall periodically provide updates on best practices for communicating hazardous weather and water events to Federal, State, and local government partners, institutions of higher education, private entities, and media partners. (8) Timeliness and consistency
The Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement
(1) In general
The Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination
In carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program required
(A) In general
To further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program to test the effectiveness of implementing the research conducted under this subsection. (B) Eligible institution defined
In this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management
The Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking
The Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks. 4. Warn-on-forecast strategic plan
(a) In general
Not later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for tornadic conditions using a next-generation weather forecast and warning framework. (b) Plan elements
The strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response. 5. Tornado rating system
(a) In general
The Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required
If the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system. 6. Post-storm surveys and assessments
(a) In general
The Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination
The Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability
The Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement
The Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including surveying individual responses and gathering survivability statistics. (e) Support for employees
The Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a). 7. VORTEX-USA program
(a) In general
Section 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations
The Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings
The program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornados; and (2) incorporate, as appropriate, hazard communication research. (e) Research
(1) In general
The Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions
In awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to historically Black colleges and universities. (f) Authorization of appropriations
There is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2022 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment
The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program.. 8. Reports
(a) Weather Research and Forecasting Innovation Act of 2017
(1) In general
Section 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment
Section 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992
Section 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ). 9. Government Accountability Office report on hazardous weather and water alert dissemination
(a) In general
Not later than 540 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 Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water alerts and updates. (b) Elements
The report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure. | 14,148 |
117s3380is | 117 | s | 3,380 | is | To prohibit the Administrator of the Environmental Protection Agency from retroactively reducing certain determinations under the Renewable Fuel Program, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Defend the Blend Act.",
"id": "H3EB08AD08A3C4434981E1E2AE61309F8",
"header": "Short title"
},
{
"text": "2. Prohibition against retroactive reductions of determinations under the Renewable Fuel Program \nThe Administrator of the Environmental Protection Agency may not reduce any applicable volume determined under paragraph (2) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ), or any renewable fuel obligation or applicable percentage determined under paragraph (3) of that section, that has already been finalized for a calendar year.",
"id": "HC36688392DA34FE382F95C16171344B3",
"header": "Prohibition against retroactive reductions of determinations under the Renewable Fuel Program"
}
] | 2 | 1. Short title
This Act may be cited as the Defend the Blend Act. 2. Prohibition against retroactive reductions of determinations under the Renewable Fuel Program
The Administrator of the Environmental Protection Agency may not reduce any applicable volume determined under paragraph (2) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ), or any renewable fuel obligation or applicable percentage determined under paragraph (3) of that section, that has already been finalized for a calendar year. | 510 |
117s371rs | 117 | s | 371 | rs | To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Blackwater Trading Post Land Transfer Act.",
"id": "H14EE11AFEC4E4C11A2230537CCFC3A05",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Blackwater trading Post Land \nThe term Blackwater Trading Post Land means the approximately 55.3 acres of land as depicted on the map that— (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community \nThe term Community means the Gila River Indian Community of the Reservation. (3) Map \nThe term map means the map entitled Results of Survey, Ellis Property, A Portion of the West ½ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona and dated October 15, 2012. (4) Reservation \nThe term Reservation means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary \nThe term Secretary means the Secretary of the Interior.",
"id": "H7E44AA2E82994C04A909BE6ACC472C6A",
"header": "Definitions"
},
{
"text": "3. Land taken into trust for benefit of the gila river indian community \n(a) In general \nThe Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community— (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of map \nNot later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands taken into trust part of reservation \nAfter the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming \nClass II and class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description \nNot later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land.",
"id": "H8CF4A7E082BD4E128C5309579EE4BF81",
"header": "Land taken into trust for benefit of the gila river indian community"
}
] | 3 | 1. Short title
This Act may be cited as the Blackwater Trading Post Land Transfer Act. 2. Definitions
In this Act: (1) Blackwater trading Post Land
The term Blackwater Trading Post Land means the approximately 55.3 acres of land as depicted on the map that— (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community
The term Community means the Gila River Indian Community of the Reservation. (3) Map
The term map means the map entitled Results of Survey, Ellis Property, A Portion of the West ½ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona and dated October 15, 2012. (4) Reservation
The term Reservation means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary
The term Secretary means the Secretary of the Interior. 3. Land taken into trust for benefit of the gila river indian community
(a) In general
The Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community— (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of map
Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands taken into trust part of reservation
After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming
Class II and class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description
Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land. | 2,944 |
117s371is | 117 | s | 371 | is | To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Blackwater Trading Post Land Transfer Act.",
"id": "H14EE11AFEC4E4C11A2230537CCFC3A05",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Blackwater trading Post Land \nThe term Blackwater Trading Post Land means the approximately 55.3 acres of land as depicted on the map that— (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community \nThe term Community means the Gila River Indian Community of the Reservation. (3) Map \nThe term map means the map entitled Results of Survey, Ellis Property, A Portion of the West ½ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona and dated October 15, 2012. (4) Reservation \nThe term Reservation means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary \nThe term Secretary means the Secretary of the Interior.",
"id": "H7E44AA2E82994C04A909BE6ACC472C6A",
"header": "Definitions"
},
{
"text": "3. Land taken into trust for benefit of the gila river indian community \n(a) In general \nThe Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community— (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of map \nNot later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands taken into trust part of reservation \nAfter the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming \nClass II and class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description \nNot later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land.",
"id": "H8CF4A7E082BD4E128C5309579EE4BF81",
"header": "Land taken into trust for benefit of the gila river indian community"
}
] | 3 | 1. Short title
This Act may be cited as the Blackwater Trading Post Land Transfer Act. 2. Definitions
In this Act: (1) Blackwater trading Post Land
The term Blackwater Trading Post Land means the approximately 55.3 acres of land as depicted on the map that— (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community
The term Community means the Gila River Indian Community of the Reservation. (3) Map
The term map means the map entitled Results of Survey, Ellis Property, A Portion of the West ½ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona and dated October 15, 2012. (4) Reservation
The term Reservation means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary
The term Secretary means the Secretary of the Interior. 3. Land taken into trust for benefit of the gila river indian community
(a) In general
The Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community— (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of map
Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands taken into trust part of reservation
After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming
Class II and class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description
Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land. | 2,944 |
117s796enr | 117 | s | 796 | enr | To codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Protecting Moms Who Served Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Maternal mortality \nThe term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum \nThe term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death \nThe term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death \nThe term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity \nThe term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.",
"id": "id9aaebc62de224352bd9521d5f28df209",
"header": "Definitions"
},
{
"text": "3. Support by Department of Veterans Affairs of maternity care coordination \n(a) Program on maternity care coordination \n(1) In general \nThe Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support \nIn carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant \nAmounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions \nIn this section: (1) Community maternity care providers \nThe term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities \nThe term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code.",
"id": "HA3EC892345BF436281762FB0057BBD13",
"header": "Support by Department of Veterans Affairs of maternity care coordination"
},
{
"text": "4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans \n(a) GAO report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included \nThe report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions \nIn this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).",
"id": "HCA62D27686C34711BD9F9D50A11182BB",
"header": "Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans"
}
] | 4 | 1. Short title
This Act may be cited as the Protecting Moms Who Served Act of 2021. 2. Definitions
In this Act: (1) Maternal mortality
The term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum
The term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death
The term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death
The term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group
The term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity
The term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant. 3. Support by Department of Veterans Affairs of maternity care coordination
(a) Program on maternity care coordination
(1) In general
The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support
In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant
Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions
In this section: (1) Community maternity care providers
The term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities
The term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code. 4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans
(a) GAO report
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included
The report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions
In this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). | 8,915 |
117s796es | 117 | s | 796 | es | To codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Protecting Moms Who Served Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Maternal mortality \nThe term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum \nThe term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death \nThe term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death \nThe term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity \nThe term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.",
"id": "id9aaebc62de224352bd9521d5f28df209",
"header": "Definitions"
},
{
"text": "3. Support by Department of Veterans Affairs of maternity care coordination \n(a) Program on maternity care coordination \n(1) In general \nThe Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support \nIn carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant \nAmounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions \nIn this section: (1) Community maternity care providers \nThe term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities \nThe term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code.",
"id": "HA3EC892345BF436281762FB0057BBD13",
"header": "Support by Department of Veterans Affairs of maternity care coordination"
},
{
"text": "4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans \n(a) GAO report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included \nThe report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions \nIn this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).",
"id": "HCA62D27686C34711BD9F9D50A11182BB",
"header": "Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans"
}
] | 4 | 1. Short title
This Act may be cited as the Protecting Moms Who Served Act of 2021. 2. Definitions
In this Act: (1) Maternal mortality
The term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum
The term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death
The term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death
The term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group
The term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity
The term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant. 3. Support by Department of Veterans Affairs of maternity care coordination
(a) Program on maternity care coordination
(1) In general
The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support
In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant
Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions
In this section: (1) Community maternity care providers
The term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities
The term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code. 4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans
(a) GAO report
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included
The report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions
In this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). | 8,915 |
117s796is | 117 | s | 796 | is | To codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Protecting Moms Who Served Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Maternal mortality \nThe term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum \nThe term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death \nThe term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death \nThe term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity \nThe term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.",
"id": "id9aaebc62de224352bd9521d5f28df209",
"header": "Definitions"
},
{
"text": "3. Support by Department of Veterans Affairs of maternity care coordination \n(a) Program on maternity care coordination \n(1) In general \nThe Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Handbook 1330.03, or successor handbook. (2) Training and support \nIn carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant \nAmounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions \nIn this section: (1) Community maternity care providers \nThe term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities \nThe term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code.",
"id": "HA3EC892345BF436281762FB0057BBD13",
"header": "Support by Department of Veterans Affairs of maternity care coordination"
},
{
"text": "4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans \n(a) GAO report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included \nThe report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, sexual orientation, gender identity, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions \nIn this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).",
"id": "HCA62D27686C34711BD9F9D50A11182BB",
"header": "Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans"
}
] | 4 | 1. Short title
This Act may be cited as the Protecting Moms Who Served Act of 2021. 2. Definitions
In this Act: (1) Maternal mortality
The term maternal mortality means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum
The term postpartum , with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death
The term pregnancy-associated death means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death
The term pregnancy-related death means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group
The term racial and ethnic minority group has the meaning given that term in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ). (6) Severe maternal morbidity
The term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant. 3. Support by Department of Veterans Affairs of maternity care coordination
(a) Program on maternity care coordination
(1) In general
The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Handbook 1330.03, or successor handbook. (2) Training and support
In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant
Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions
In this section: (1) Community maternity care providers
The term community maternity care providers means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-Department facilities
The term non-Department facilities has the meaning given that term in section 1701 of title 38, United States Code. 4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans
(a) GAO report
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included
The report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, sexual orientation, gender identity, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions
In this section, the terms Tribal health program and urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). | 8,973 |
117s2752is | 117 | s | 2,752 | is | To amend the Religious Freedom Restoration Act of 1993 to protect civil rights and otherwise prevent meaningful harm to third parties, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Do No Harm Act.",
"id": "HC10E18D69B594EF4B8C626C27C884890",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose the religious views, habits, or practices of one party upon another; (2) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose meaningful harm, including dignitary harm, on a third party; and (3) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption for one party from generally applicable law if the exemption would permit discrimination against others, including persons who do not belong to the religion or adhere to the beliefs of that party.",
"id": "H3BF5B86E2E7A4132B5123ACA6B917D33",
"header": "Sense of Congress"
},
{
"text": "3. Exception from application of Act where Federal law prevents harm to others \nSection 3 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1 ) is amended by adding at the end the following: (d) Additional exception from application of Act where Federal law prevents harm to others \nSubsection (a) shall not apply— (1) to any provision of law or its implementation that provides for or requires— (A) a protection against discrimination or the promotion of equal opportunity, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal opportunity in Federal employment), the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 et seq. ), the final rule, including any amendment made by such rule, of the Department of Housing and Urban Development entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (77 Fed. Reg. 5662 (February 3, 2012)) (or any corresponding similar regulation or ruling), or section 5.106 of title 24, Code of Federal Regulations (or any corresponding similar regulation or ruling); (B) an employer to provide a wage, other compensation, or a benefit including leave, or a standard protecting collective activity in the workplace; (C) protection against child labor, child abuse, or child exploitation; or (D) access to, information about, a referral for, provision of, or coverage for, any health care item or service; (2) to any term of a government contract, grant, cooperative agreement, or other instrument for an award, that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or participant in a program or activity funded by such a government contract, grant, cooperative agreement, or other instrument for an award; or (3) to the extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation provided by the government..",
"id": "H60713917C6CD4862AC334DE5294F5276",
"header": "Exception from application of Act where Federal law prevents harm to others"
},
{
"text": "4. Clarification of preclusion of litigation between private parties \n(a) Purpose \nThe purpose of the amendment made by subsection (b) is to clarify the applicability of the Religious Freedom Restoration Act of 1993, as enacted. (b) Preclusion \nSection 3(c) of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1(c) ) is amended, in the first sentence, by striking judicial proceeding and all that follows and inserting judicial proceeding to which the government is a party and obtain appropriate relief against that government..",
"id": "H4CAD68E30A26402E96E5F067599AF0C1",
"header": "Clarification of preclusion of litigation between private parties"
}
] | 4 | 1. Short title
This Act may be cited as the Do No Harm Act. 2. Sense of Congress
It is the sense of Congress that— (1) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose the religious views, habits, or practices of one party upon another; (2) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose meaningful harm, including dignitary harm, on a third party; and (3) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption for one party from generally applicable law if the exemption would permit discrimination against others, including persons who do not belong to the religion or adhere to the beliefs of that party. 3. Exception from application of Act where Federal law prevents harm to others
Section 3 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1 ) is amended by adding at the end the following: (d) Additional exception from application of Act where Federal law prevents harm to others
Subsection (a) shall not apply— (1) to any provision of law or its implementation that provides for or requires— (A) a protection against discrimination or the promotion of equal opportunity, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal opportunity in Federal employment), the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 et seq. ), the final rule, including any amendment made by such rule, of the Department of Housing and Urban Development entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (77 Fed. Reg. 5662 (February 3, 2012)) (or any corresponding similar regulation or ruling), or section 5.106 of title 24, Code of Federal Regulations (or any corresponding similar regulation or ruling); (B) an employer to provide a wage, other compensation, or a benefit including leave, or a standard protecting collective activity in the workplace; (C) protection against child labor, child abuse, or child exploitation; or (D) access to, information about, a referral for, provision of, or coverage for, any health care item or service; (2) to any term of a government contract, grant, cooperative agreement, or other instrument for an award, that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or participant in a program or activity funded by such a government contract, grant, cooperative agreement, or other instrument for an award; or (3) to the extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation provided by the government.. 4. Clarification of preclusion of litigation between private parties
(a) Purpose
The purpose of the amendment made by subsection (b) is to clarify the applicability of the Religious Freedom Restoration Act of 1993, as enacted. (b) Preclusion
Section 3(c) of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1(c) ) is amended, in the first sentence, by striking judicial proceeding and all that follows and inserting judicial proceeding to which the government is a party and obtain appropriate relief against that government.. | 3,601 |
117s1980is | 117 | s | 1,980 | is | To direct the Secretary of Agriculture to track the distribution of all farm subsidies by race, gender, and size of the farm operation and to make that information about farm subsidies available to the public, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Farm Subsidy Transparency Act of 2021.",
"id": "H24C66FAA2E5E481287C9AC2F227C8F3E",
"header": "Short title"
},
{
"text": "2. Data on recipients of benefits under Agriculture Improvement Act of 2018 \nSubtitle G of title I of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4525) is amended by adding at the end the following: 1708. Data on recipients of benefits \nAs soon as practicable after the date of enactment of this section and notwithstanding any other provision of law, the Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under this title, title II, and title VII and the amendments made by those titles, including— (i) the race and gender of each individual directly or indirectly receiving the benefits; (ii) the race and gender of each individual receiving the benefits through an entity and the race and gender of all individuals who comprise the entity; and (iii) the rented, owned, or controlled acreage of the farm or ranch of each recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1)..",
"id": "HFDE307B0E9FC414BBBD9600ABB9EF8A4",
"header": "Data on recipients of benefits under Agriculture Improvement Act of 2018"
},
{
"text": "1708. Data on recipients of benefits \nAs soon as practicable after the date of enactment of this section and notwithstanding any other provision of law, the Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under this title, title II, and title VII and the amendments made by those titles, including— (i) the race and gender of each individual directly or indirectly receiving the benefits; (ii) the race and gender of each individual receiving the benefits through an entity and the race and gender of all individuals who comprise the entity; and (iii) the rented, owned, or controlled acreage of the farm or ranch of each recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1).",
"id": "HF5123A066BDD488D84BCD649CBD01B65",
"header": "Data on recipients of benefits"
},
{
"text": "3. Disclosure of certain information relating to individuals and entities with Federal crop insurance \n(a) Authorized disclosure \nSection 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ) is amended— (1) by striking paragraph (2) and inserting paragraphs (2) and (5) ; and (2) by adding at the end the following: (5) Disclosure of certain information \nThe prohibition under paragraph (1) shall not apply to the release of information under section 506(m)(4)(C).. (b) Disclosure of certain information \nSection 506(m) of the Federal Crop Insurance Act ( 7 U.S.C. 1506(m) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Collection and release of information in the public interest \n(A) Definition of covered entity \nIn this paragraph, the term covered entity means— (i) an individual; and (ii) (I) an entity; and (II) each individual that partly or wholly owns, or has a substantial beneficial interest in, that entity. (B) Information collected \nThe Corporation shall, on an annual basis, collect the following information: (i) The name, race, and gender, as applicable, of each covered entity that directly or indirectly obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous reinsurance year. (ii) The rented, owned, or controlled acreage of the farm or ranch attributable to each covered entity described in clause (i). (iii) The amount of premium subsidy received from the Corporation, directly or indirectly, by— (I) each covered entity described in clause (i); and (II) in the case of a covered entity described in subparagraph (A)(ii)(I), each individual receiving benefits through that entity and the name, race, and gender of that individual. (C) Release of information \nNotwithstanding any other provision of law, the Corporation shall annually release to the public the information described in subparagraph (B), organized by covered entity and agricultural operation..",
"id": "HC8F0563A47EB40B0BC4DF23057FA0298",
"header": "Disclosure of certain information relating to individuals and entities with Federal crop insurance"
},
{
"text": "4. Benefits under the Commodity Credit Corporation Charter Act \nSection 13 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714k ) is amended— (1) in the second sentence, by striking In addition to the annual report and inserting the following: (b) Quarterly reports \nIn addition to the annual report under subsection (a) ; (2) in the matter preceding subsection (b) (as so designated), by striking the section designation and heading and all that follows through The Corporation and inserting the following: 13. Records; reports \n(a) Records; annual report \nThe Corporation ; and (3) by adding at the end the following: (c) Data on recipients of benefits \nThe Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under section 5, including— (i) the race and gender of each individual directly receiving the benefits or receiving the benefits through an entity; and (ii) the rented, owned, or controlled acreage of the farm or ranch of the recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1)..",
"id": "H97E563DC729A4747A040C48BC3479D94",
"header": "Benefits under the Commodity Credit Corporation Charter Act"
},
{
"text": "13. Records; reports \n(a) Records; annual report \nThe Corporation",
"id": "id6229287F6B1B4125B7F060AB06272700",
"header": "Records; reports"
},
{
"text": "5. Farm credit transparency \nSection 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) in subsection (a), by inserting farm or ranch, after minority-owned, ; (2) in subsection (b), by inserting farm or ranch, after minority-owned, each place that term appears; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (E), by inserting farm or ranch, after minority-owned, ; and (ii) in subparagraph (F), by inserting farm or ranch, after minority-owned, ; and (B) in paragraph (3), by inserting farm or ranch, after minority-owned, ; and (4) in subsection (g)(3), by inserting farm or ranch, after minority-owned,.",
"id": "HC2A65C4AA8024C778D46D52307F33A73",
"header": "Farm credit transparency"
},
{
"text": "6. Service center information management system \nThe Secretary of Agriculture shall collect and track the race and gender of any individual, or in the case of an entity, each individual comprising the entity, that registers on the service center information management system of the Department of Agriculture.",
"id": "H0F6C69749859468CAF87DD3467FC28BA",
"header": "Service center information management system"
}
] | 8 | 1. Short title
This Act may be cited as the Farm Subsidy Transparency Act of 2021. 2. Data on recipients of benefits under Agriculture Improvement Act of 2018
Subtitle G of title I of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4525) is amended by adding at the end the following: 1708. Data on recipients of benefits
As soon as practicable after the date of enactment of this section and notwithstanding any other provision of law, the Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under this title, title II, and title VII and the amendments made by those titles, including— (i) the race and gender of each individual directly or indirectly receiving the benefits; (ii) the race and gender of each individual receiving the benefits through an entity and the race and gender of all individuals who comprise the entity; and (iii) the rented, owned, or controlled acreage of the farm or ranch of each recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1).. 1708. Data on recipients of benefits
As soon as practicable after the date of enactment of this section and notwithstanding any other provision of law, the Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under this title, title II, and title VII and the amendments made by those titles, including— (i) the race and gender of each individual directly or indirectly receiving the benefits; (ii) the race and gender of each individual receiving the benefits through an entity and the race and gender of all individuals who comprise the entity; and (iii) the rented, owned, or controlled acreage of the farm or ranch of each recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1). 3. Disclosure of certain information relating to individuals and entities with Federal crop insurance
(a) Authorized disclosure
Section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ) is amended— (1) by striking paragraph (2) and inserting paragraphs (2) and (5) ; and (2) by adding at the end the following: (5) Disclosure of certain information
The prohibition under paragraph (1) shall not apply to the release of information under section 506(m)(4)(C).. (b) Disclosure of certain information
Section 506(m) of the Federal Crop Insurance Act ( 7 U.S.C. 1506(m) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Collection and release of information in the public interest
(A) Definition of covered entity
In this paragraph, the term covered entity means— (i) an individual; and (ii) (I) an entity; and (II) each individual that partly or wholly owns, or has a substantial beneficial interest in, that entity. (B) Information collected
The Corporation shall, on an annual basis, collect the following information: (i) The name, race, and gender, as applicable, of each covered entity that directly or indirectly obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous reinsurance year. (ii) The rented, owned, or controlled acreage of the farm or ranch attributable to each covered entity described in clause (i). (iii) The amount of premium subsidy received from the Corporation, directly or indirectly, by— (I) each covered entity described in clause (i); and (II) in the case of a covered entity described in subparagraph (A)(ii)(I), each individual receiving benefits through that entity and the name, race, and gender of that individual. (C) Release of information
Notwithstanding any other provision of law, the Corporation shall annually release to the public the information described in subparagraph (B), organized by covered entity and agricultural operation.. 4. Benefits under the Commodity Credit Corporation Charter Act
Section 13 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714k ) is amended— (1) in the second sentence, by striking In addition to the annual report and inserting the following: (b) Quarterly reports
In addition to the annual report under subsection (a) ; (2) in the matter preceding subsection (b) (as so designated), by striking the section designation and heading and all that follows through The Corporation and inserting the following: 13. Records; reports
(a) Records; annual report
The Corporation ; and (3) by adding at the end the following: (c) Data on recipients of benefits
The Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under section 5, including— (i) the race and gender of each individual directly receiving the benefits or receiving the benefits through an entity; and (ii) the rented, owned, or controlled acreage of the farm or ranch of the recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1).. 13. Records; reports
(a) Records; annual report
The Corporation 5. Farm credit transparency
Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) in subsection (a), by inserting farm or ranch, after minority-owned, ; (2) in subsection (b), by inserting farm or ranch, after minority-owned, each place that term appears; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (E), by inserting farm or ranch, after minority-owned, ; and (ii) in subparagraph (F), by inserting farm or ranch, after minority-owned, ; and (B) in paragraph (3), by inserting farm or ranch, after minority-owned, ; and (4) in subsection (g)(3), by inserting farm or ranch, after minority-owned,. 6. Service center information management system
The Secretary of Agriculture shall collect and track the race and gender of any individual, or in the case of an entity, each individual comprising the entity, that registers on the service center information management system of the Department of Agriculture. | 7,314 |
117s1982is | 117 | s | 1,982 | is | To amend the Internal Revenue Code of 1986 for purposes of the tax on private foundation excess business holdings to treat as outstanding any employee-owned stock purchased by a business enterprise pursuant to certain employee stock ownership retirement plans. | [
{
"text": "1. Certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings \n(a) In general \nSection 4943(c)(4)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) For purposes of clause (i), subparagraph (D), and paragraph (2), any voting stock which— (I) is not readily tradable on an established securities market, (II) is purchased by the business enterprise on or after January 1, 2005, from an employee stock ownership plan (as defined in section 4975(e)(7)) in which employees of such business enterprise participate, in connection with a distribution from such plan, and (III) is held by the business enterprise as treasury stock, cancelled, or retired, shall be treated as outstanding voting stock, but only to the extent so treating such stock would not result in permitted holdings exceeding 49 percent (determined without regard to this clause). The preceding sentence shall not apply with respect to the purchase of stock from a plan during the 10-year period beginning on the date the plan is established.. (b) Effective date \n(1) In general \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to purchases by a business enterprise of voting stock in taxable years beginning before, on, or after the date of the enactment of this Act. (2) Special rule for grandfathered foundations in case of decrease in ownership by reason of pre-enactment purchases \nSection 4943(c)(4)(A)(ii) of the Internal Revenue Code of 1986 shall not apply with respect to any decrease in the percentage of holdings in a business enterprise by reason of the application of section 4943(c)(4)(A)(v) of such Code (as added by this section).",
"id": "HF34D282B722A47199FFB05D3E8D1B10C",
"header": "Certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess\n business holdings"
}
] | 1 | 1. Certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings
(a) In general
Section 4943(c)(4)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) For purposes of clause (i), subparagraph (D), and paragraph (2), any voting stock which— (I) is not readily tradable on an established securities market, (II) is purchased by the business enterprise on or after January 1, 2005, from an employee stock ownership plan (as defined in section 4975(e)(7)) in which employees of such business enterprise participate, in connection with a distribution from such plan, and (III) is held by the business enterprise as treasury stock, cancelled, or retired, shall be treated as outstanding voting stock, but only to the extent so treating such stock would not result in permitted holdings exceeding 49 percent (determined without regard to this clause). The preceding sentence shall not apply with respect to the purchase of stock from a plan during the 10-year period beginning on the date the plan is established.. (b) Effective date
(1) In general
The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to purchases by a business enterprise of voting stock in taxable years beginning before, on, or after the date of the enactment of this Act. (2) Special rule for grandfathered foundations in case of decrease in ownership by reason of pre-enactment purchases
Section 4943(c)(4)(A)(ii) of the Internal Revenue Code of 1986 shall not apply with respect to any decrease in the percentage of holdings in a business enterprise by reason of the application of section 4943(c)(4)(A)(v) of such Code (as added by this section). | 1,786 |
117s79is | 117 | s | 79 | is | To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base \n(a) Controlled substances act \nThe following provisions of the Controlled Substances Act ( 21 U.S.C. 801 et seq.) are repealed: (1) Clause (iii) of section 401(b)(1)(A) ( 21 U.S.C. 841(b)(1)(A) ). (2) Clause (iii) of section 401(b)(1)(B) ( 21 U.S.C. 841(b)(1)(B) ). (b) Controlled substances import and export act \nThe following provisions of the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.) are repealed: (1) Subparagraph (C) of section 1010(b)(1) ( 21 U.S.C. 960(b)(1) ). (2) Subparagraph (C) of section 1010(b)(2) ( 21 U.S.C. 960(b)(2) ). (c) Applicability to pending and past cases \n(1) Pending cases \nThis section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases \nIn the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a Federal offense involving cocaine base, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.",
"id": "id4cd325a4c1274ced8b77ff7ff2d8d4b3",
"header": "Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base"
}
] | 2 | 1. Short title
This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act. 2. Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base
(a) Controlled substances act
The following provisions of the Controlled Substances Act ( 21 U.S.C. 801 et seq.) are repealed: (1) Clause (iii) of section 401(b)(1)(A) ( 21 U.S.C. 841(b)(1)(A) ). (2) Clause (iii) of section 401(b)(1)(B) ( 21 U.S.C. 841(b)(1)(B) ). (b) Controlled substances import and export act
The following provisions of the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.) are repealed: (1) Subparagraph (C) of section 1010(b)(1) ( 21 U.S.C. 960(b)(1) ). (2) Subparagraph (C) of section 1010(b)(2) ( 21 U.S.C. 960(b)(2) ). (c) Applicability to pending and past cases
(1) Pending cases
This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (2) Past cases
In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a Federal offense involving cocaine base, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. | 1,447 |
117s4918is | 117 | s | 4,918 | is | To amend the Federal Food, Drug, and Cosmetic Act to prohibit the use of patents, trade secrets, or other intellectual property to inhibit competition. | [
{
"text": "1. Short title \nThis Act may be cited as the Increasing Prescription Drug Competition Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Prohibiting the use of patents, trade secrets, or other intellectual property on risk evaluation and mitigation strategies to inhibit competition \nSection 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ) is amended by adding at the end the following: (n) Additional requirements \n(1) Patents claiming REMS \nIf an application under subsection (b)(2) or (j) of section 505 includes a certification under subsection (b)(2)(A) or (j)(2)(A)(vii) of section 505 with respect to a patent that claims an aspect of the elements to assure safe use of a risk evaluation and mitigation strategy requirements under subsection (f) for the applicable listed drug, such certification shall have no effect on the effective date of the approval of the application, notwithstanding subparagraphs (B) and (C) of section 505(c)(3) and clauses (ii) and (iii) of section 505(j)(5)(B). This paragraph shall apply to all applications submitted to the Secretary under subsection (b)(2) or (j) of section 505 before, on, or after the date of enactment of the Increasing Prescription Drug Competition Act. (2) Agreement not to seek damages \nIn the event that the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act infringes a patent, trade secret, or any other intellectual property held by the sponsor or holder to comply with risk evaluation and mitigation strategy requirements under this section, the sponsor or holder of the approved application shall not seek, or claim entitlement to, any remedy other than damages arising from the infringement. (3) Clarifications \nNothing in this section shall be construed as — (A) prohibiting the sponsor or holder of an approved application from allowing the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act to use the patent, trade secret, or any other intellectual property other than as described in this subsection; (B) preventing a sponsor of an application under section 505 of this Act or section 351 of the Public Health Service Act from using a different, comparable aspect of the elements to assure safe use as authorized under this section; (C) in any way negating the applicability of a risk evaluation and mitigation strategy with elements to assure safe use, as otherwise required under this section; or (D) limiting the application of any provision of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) )..",
"id": "id562F7FB98F334120975D338CAE3BC41B",
"header": "Prohibiting the use of patents, trade secrets, or other intellectual property on risk evaluation and mitigation strategies to inhibit competition"
}
] | 2 | 1. Short title
This Act may be cited as the Increasing Prescription Drug Competition Act. 2. Prohibiting the use of patents, trade secrets, or other intellectual property on risk evaluation and mitigation strategies to inhibit competition
Section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ) is amended by adding at the end the following: (n) Additional requirements
(1) Patents claiming REMS
If an application under subsection (b)(2) or (j) of section 505 includes a certification under subsection (b)(2)(A) or (j)(2)(A)(vii) of section 505 with respect to a patent that claims an aspect of the elements to assure safe use of a risk evaluation and mitigation strategy requirements under subsection (f) for the applicable listed drug, such certification shall have no effect on the effective date of the approval of the application, notwithstanding subparagraphs (B) and (C) of section 505(c)(3) and clauses (ii) and (iii) of section 505(j)(5)(B). This paragraph shall apply to all applications submitted to the Secretary under subsection (b)(2) or (j) of section 505 before, on, or after the date of enactment of the Increasing Prescription Drug Competition Act. (2) Agreement not to seek damages
In the event that the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act infringes a patent, trade secret, or any other intellectual property held by the sponsor or holder to comply with risk evaluation and mitigation strategy requirements under this section, the sponsor or holder of the approved application shall not seek, or claim entitlement to, any remedy other than damages arising from the infringement. (3) Clarifications
Nothing in this section shall be construed as — (A) prohibiting the sponsor or holder of an approved application from allowing the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act to use the patent, trade secret, or any other intellectual property other than as described in this subsection; (B) preventing a sponsor of an application under section 505 of this Act or section 351 of the Public Health Service Act from using a different, comparable aspect of the elements to assure safe use as authorized under this section; (C) in any way negating the applicability of a risk evaluation and mitigation strategy with elements to assure safe use, as otherwise required under this section; or (D) limiting the application of any provision of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ).. | 2,627 |
117s134is | 117 | s | 134 | is | To direct the Secretary of Veterans Affairs to carry out a retraining assistance program for unemployed veterans, and for other purposes. | [
{
"text": "1. COVID–19 veteran rapid retraining assistance program \n(a) In general \nThe Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to an eligible veteran for the pursuit of a covered program of education. (b) Eligible veterans \n(1) In general \nFor purposes of this section, an eligible veteran is a veteran who— (A) as of the date of the receipt by the Department of Veterans Affairs of the application for assistance under this section, is at least 22 years of age but not more than 66 years of age; (B) as of such date, is unemployed by reason of a covered public health emergency, as certified by the veteran; (C) as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code; (D) is not enrolled in any Federal or State jobs program; (E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and (F) will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act ( Public Law 116–136 ), as of the first day on which the veteran would receive a housing stipend payment under this section. (2) Treatment of veterans who transfer entitlement \nFor purposes of paragraph (1)(C), a veteran who has transferred all of the veteran’s entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title. (3) Failure to complete \nAny veteran who receives retraining assistance under this section to pursue a covered program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section. (c) Covered programs of education \n(1) In general \nFor purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued on a full-time or part-time basis— (A) that— (i) is approved under chapter 36 of such title; (ii) does not lead to a bachelors or graduate degree; and (iii) is designed to provide training for a high-demand occupation, as determined under paragraph (3); or (B) that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 ; 38 U.S.C. 3001 note). (2) Accredited programs \nIn the case of an accredited program of education, the program of education shall not be considered a covered program of education under this section if the program has received a show cause order from the accreditor of the program during the five-year period preceding the date of the enactment of this Act. (3) Determination of high-demand occupations \n(A) Initial implementation \nIn carrying out this section, to determine whether a program of education is designed to provide training for high-demand occupations, the Secretary of Veterans Affairs shall use the list of high-demand occupations compiled by the Commissioner of Labor Statistics until the final list is issued under subparagraph (C). (B) Study required \n(i) In general \nThe Secretary shall enter into an agreement with a federally funded research and development corporation or another appropriate non-Department of Veterans Affairs entity for the conduct of a study to determine which occupations are high-demand occupations. (ii) Deadline \nThe study described in clause (i) shall be completed not later than 90 days after the date of the enactment of this Act. (C) Final list \nThe Secretary— (i) may add or remove an occupation from the list in use pursuant to subparagraph (A) during the 90-day period following the completion of the study required by subparagraph (B); (ii) shall issue a final list of high-demand occupations for use under this section by not later than 90 days after the date of the completion of the study; and (iii) shall make such final list publicly available on a website of the Department. (D) Use of list \nThe Secretary shall use the final list issued under subparagraph (C) to determine whether a program of education is designed to provide training for high-demand occupations. (E) Removal of occupations \nThe Secretary may remove occupations from the final list issued under subparagraph (C) as the Secretary determines appropriate. (4) Full-time defined \nIn this subsection, the term full-time has the meaning given such term under section 3688 of title 38, United States Code. (d) Amount of assistance \n(1) Retraining assistance \nThe Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of educational assistance payable under section 3313(c)(1)(A) of title 38, United States Code. (2) Payments \nAmounts described in paragraph (1) shall be payable directly to the educational institution offering the covered program of education pursued by the veteran as follows: (A) 50 percent of the total amount payable shall be paid on the date on which the eligible veteran begins the covered program of education. (B) 25 percent of the total amount payable shall be paid on the date on which the eligible veteran completes the covered program of education. (C) 25 percent of the total amount payable shall be paid on the date on which the eligible veteran finds employment in a field related to the covered program of education. (3) Failure to complete \n(A) Pro-rated payments \nIn the case of an eligible veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such program of education a pro-rated amount based on the number of months the veteran pursued the program of education in accordance with this paragraph. (B) Payment otherwise due upon completion of program \nThe Secretary shall pay to the educational institution a pro-rated amount under paragraph (2)(B) when the veteran provides notice to the educational institution that the veteran no longer intends to pursue the program of education. (C) Nonrecovery from veteran \nIn the case of a veteran referred to in subparagraph (A), the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (2)(B) had the veteran completed the program of education. (D) Payment due upon employment \n(i) Veterans who find employment \nIn the case of a veteran referred to in subparagraph (A) who finds employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education, the Secretary shall pay to the educational institution a pro-rated amount under paragraph (2)(C) when the veteran finds such employment. (ii) Veterans who do not find employment \nIn the case of a veteran referred to in subparagraph (A) who does not find employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education— (I) the Secretary shall not make a payment to the educational institution under paragraph (2)(C); and (II) the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (2)(C) had the veteran found employment during such 180-day period. (4) Housing stipend \nFor each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to— (A) in the case of a covered program of education at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code; (B) in the case of a covered program of education at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; or (C) in the case of a covered program of education pursued on less than a half-time basis, or a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section. (5) Failure to find employment \nThe Secretary shall not make a payment under paragraph (2)(C) with respect to an eligible veteran who completes or fails to complete a covered program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period beginning on the date on which the veteran withdraws from or completes the program. (e) Relation to other educational assistance and benefits \nRetraining assistance provided under this section shall be in addition to any other entitlement to educational assistance or benefits for which an eligible veteran is, or has been, eligible. (f) No transferability \nRetraining assistance provided under this section may not be transferred to another individual. (g) Employment assistance \n(1) In general \nThe Secretary of Labor shall contact each eligible veteran who pursues a covered program of education under this section— (A) not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and (B) not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran. (2) Provision of information \nThe Secretary of Veterans Affairs shall provide to the Secretary of Labor such information as may be necessary to carry out paragraph (1). (h) Nonprofit organization \n(1) In general \nThe Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of eligible veterans who participate in the retraining assistance program under this section. (2) Qualified nonprofit organization \nFor purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that— (A) is an association of businesses; and (B) has at least two years of experience providing job placement services for veterans. (i) Follow up outreach \nThe Secretary of Veterans Affairs, in coordination with the Secretary of Labor, shall contact each veteran who completes a covered program of education under the retraining assistance program under this section 30 days, 60 days, 90 days, and 180 days after the veteran completes such program of education to ask the veteran about— (1) the experience of the veteran in the retraining assistance program; and (2) the veteran’s employment status. (j) Quarterly reports \nNot later than one year after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the following information about veterans who participate in the retraining assistance program under this section: (1) The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program. (2) The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program. (3) The median earnings of all such veterans for the second quarter after exiting the program. (4) The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program. (k) Limitation \nNot more than 35,000 eligible veterans may receive retraining assistance under this section. (l) Termination \nNo retraining assistance may be paid under this section after the date that is 21 months after the date of the enactment of this Act. (m) GAO report \nNot later than 180 days after the termination of the retraining assistance program under subsection (l), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the outcomes and effectiveness of the program. (n) Funding \n(1) In general \nFor each fiscal year for which the Secretary of Veterans Affairs provides retraining assistance under this section, such sums as may be necessary shall be made available for such assistance from funds appropriated to, or otherwise made available to, the Department of Veterans Affairs for the payment of readjustment benefits. (2) Administrative costs \nThere is authorized to be appropriated $15,000,000 for administrative costs associated with carrying out this section for each fiscal year for which the Secretary provides retraining assistance under this section. (o) Initiation of payments \nThe Secretary of Veterans Affairs may begin providing retraining assistance under this section on the date that is 180 days after the date of the enactment of this Act. (p) Definitions \nIn this section: (1) Active military, naval, or air service; discharge or release \nThe terms active military, naval, or air service and discharge or release have the meanings given those terms in section 101 of title 38, United States Code. (2) Active service \nThe term active service has the meaning given such term in section 101 of title 10, United States Code. (3) Covered public health emergency \nThe term covered public health emergency means— (A) the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to Coronavirus Disease 2019 (COVID–19); or (B) a domestic emergency declared, based on an outbreak of Coronavirus Disease 2019 (COVID–19), by the President, the Secretary of Homeland Security, or a State or local authority. (4) Veteran \nThe term veteran means— (A) a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces who performs active service for a period of 30 days or longer by reason of a covered public health emergency.",
"id": "H6BF5B424F12E4A73B23057FBB54A0CAA",
"header": "COVID–19 veteran rapid retraining assistance program"
}
] | 1 | 1. COVID–19 veteran rapid retraining assistance program
(a) In general
The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to an eligible veteran for the pursuit of a covered program of education. (b) Eligible veterans
(1) In general
For purposes of this section, an eligible veteran is a veteran who— (A) as of the date of the receipt by the Department of Veterans Affairs of the application for assistance under this section, is at least 22 years of age but not more than 66 years of age; (B) as of such date, is unemployed by reason of a covered public health emergency, as certified by the veteran; (C) as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code; (D) is not enrolled in any Federal or State jobs program; (E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and (F) will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act ( Public Law 116–136 ), as of the first day on which the veteran would receive a housing stipend payment under this section. (2) Treatment of veterans who transfer entitlement
For purposes of paragraph (1)(C), a veteran who has transferred all of the veteran’s entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title. (3) Failure to complete
Any veteran who receives retraining assistance under this section to pursue a covered program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section. (c) Covered programs of education
(1) In general
For purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued on a full-time or part-time basis— (A) that— (i) is approved under chapter 36 of such title; (ii) does not lead to a bachelors or graduate degree; and (iii) is designed to provide training for a high-demand occupation, as determined under paragraph (3); or (B) that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 ; 38 U.S.C. 3001 note). (2) Accredited programs
In the case of an accredited program of education, the program of education shall not be considered a covered program of education under this section if the program has received a show cause order from the accreditor of the program during the five-year period preceding the date of the enactment of this Act. (3) Determination of high-demand occupations
(A) Initial implementation
In carrying out this section, to determine whether a program of education is designed to provide training for high-demand occupations, the Secretary of Veterans Affairs shall use the list of high-demand occupations compiled by the Commissioner of Labor Statistics until the final list is issued under subparagraph (C). (B) Study required
(i) In general
The Secretary shall enter into an agreement with a federally funded research and development corporation or another appropriate non-Department of Veterans Affairs entity for the conduct of a study to determine which occupations are high-demand occupations. (ii) Deadline
The study described in clause (i) shall be completed not later than 90 days after the date of the enactment of this Act. (C) Final list
The Secretary— (i) may add or remove an occupation from the list in use pursuant to subparagraph (A) during the 90-day period following the completion of the study required by subparagraph (B); (ii) shall issue a final list of high-demand occupations for use under this section by not later than 90 days after the date of the completion of the study; and (iii) shall make such final list publicly available on a website of the Department. (D) Use of list
The Secretary shall use the final list issued under subparagraph (C) to determine whether a program of education is designed to provide training for high-demand occupations. (E) Removal of occupations
The Secretary may remove occupations from the final list issued under subparagraph (C) as the Secretary determines appropriate. (4) Full-time defined
In this subsection, the term full-time has the meaning given such term under section 3688 of title 38, United States Code. (d) Amount of assistance
(1) Retraining assistance
The Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of educational assistance payable under section 3313(c)(1)(A) of title 38, United States Code. (2) Payments
Amounts described in paragraph (1) shall be payable directly to the educational institution offering the covered program of education pursued by the veteran as follows: (A) 50 percent of the total amount payable shall be paid on the date on which the eligible veteran begins the covered program of education. (B) 25 percent of the total amount payable shall be paid on the date on which the eligible veteran completes the covered program of education. (C) 25 percent of the total amount payable shall be paid on the date on which the eligible veteran finds employment in a field related to the covered program of education. (3) Failure to complete
(A) Pro-rated payments
In the case of an eligible veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such program of education a pro-rated amount based on the number of months the veteran pursued the program of education in accordance with this paragraph. (B) Payment otherwise due upon completion of program
The Secretary shall pay to the educational institution a pro-rated amount under paragraph (2)(B) when the veteran provides notice to the educational institution that the veteran no longer intends to pursue the program of education. (C) Nonrecovery from veteran
In the case of a veteran referred to in subparagraph (A), the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (2)(B) had the veteran completed the program of education. (D) Payment due upon employment
(i) Veterans who find employment
In the case of a veteran referred to in subparagraph (A) who finds employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education, the Secretary shall pay to the educational institution a pro-rated amount under paragraph (2)(C) when the veteran finds such employment. (ii) Veterans who do not find employment
In the case of a veteran referred to in subparagraph (A) who does not find employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education— (I) the Secretary shall not make a payment to the educational institution under paragraph (2)(C); and (II) the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (2)(C) had the veteran found employment during such 180-day period. (4) Housing stipend
For each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to— (A) in the case of a covered program of education at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code; (B) in the case of a covered program of education at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; or (C) in the case of a covered program of education pursued on less than a half-time basis, or a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section. (5) Failure to find employment
The Secretary shall not make a payment under paragraph (2)(C) with respect to an eligible veteran who completes or fails to complete a covered program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period beginning on the date on which the veteran withdraws from or completes the program. (e) Relation to other educational assistance and benefits
Retraining assistance provided under this section shall be in addition to any other entitlement to educational assistance or benefits for which an eligible veteran is, or has been, eligible. (f) No transferability
Retraining assistance provided under this section may not be transferred to another individual. (g) Employment assistance
(1) In general
The Secretary of Labor shall contact each eligible veteran who pursues a covered program of education under this section— (A) not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and (B) not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran. (2) Provision of information
The Secretary of Veterans Affairs shall provide to the Secretary of Labor such information as may be necessary to carry out paragraph (1). (h) Nonprofit organization
(1) In general
The Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of eligible veterans who participate in the retraining assistance program under this section. (2) Qualified nonprofit organization
For purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that— (A) is an association of businesses; and (B) has at least two years of experience providing job placement services for veterans. (i) Follow up outreach
The Secretary of Veterans Affairs, in coordination with the Secretary of Labor, shall contact each veteran who completes a covered program of education under the retraining assistance program under this section 30 days, 60 days, 90 days, and 180 days after the veteran completes such program of education to ask the veteran about— (1) the experience of the veteran in the retraining assistance program; and (2) the veteran’s employment status. (j) Quarterly reports
Not later than one year after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the following information about veterans who participate in the retraining assistance program under this section: (1) The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program. (2) The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program. (3) The median earnings of all such veterans for the second quarter after exiting the program. (4) The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program. (k) Limitation
Not more than 35,000 eligible veterans may receive retraining assistance under this section. (l) Termination
No retraining assistance may be paid under this section after the date that is 21 months after the date of the enactment of this Act. (m) GAO report
Not later than 180 days after the termination of the retraining assistance program under subsection (l), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the outcomes and effectiveness of the program. (n) Funding
(1) In general
For each fiscal year for which the Secretary of Veterans Affairs provides retraining assistance under this section, such sums as may be necessary shall be made available for such assistance from funds appropriated to, or otherwise made available to, the Department of Veterans Affairs for the payment of readjustment benefits. (2) Administrative costs
There is authorized to be appropriated $15,000,000 for administrative costs associated with carrying out this section for each fiscal year for which the Secretary provides retraining assistance under this section. (o) Initiation of payments
The Secretary of Veterans Affairs may begin providing retraining assistance under this section on the date that is 180 days after the date of the enactment of this Act. (p) Definitions
In this section: (1) Active military, naval, or air service; discharge or release
The terms active military, naval, or air service and discharge or release have the meanings given those terms in section 101 of title 38, United States Code. (2) Active service
The term active service has the meaning given such term in section 101 of title 10, United States Code. (3) Covered public health emergency
The term covered public health emergency means— (A) the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to Coronavirus Disease 2019 (COVID–19); or (B) a domestic emergency declared, based on an outbreak of Coronavirus Disease 2019 (COVID–19), by the President, the Secretary of Homeland Security, or a State or local authority. (4) Veteran
The term veteran means— (A) a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces who performs active service for a period of 30 days or longer by reason of a covered public health emergency. | 15,126 |
117s3643is | 117 | s | 3,643 | is | To direct the Attorney General to study issues relating to human trafficking, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Put Trafficking Victims First Act of 2022.",
"id": "HC6B648CB3B714583AD22725AF7E3A578",
"header": "Short title"
},
{
"text": "2. Training for prosecutions of traffickers and support for state services for victims of trafficking \nIt is the sense of Congress that a portion of the funds available for training and technical assistance under section 107(b)(2)(B)(ii) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(B)(ii) ) should be devoted to advancing the following goals: (1) Increasing the personal safety of organizations working in the human trafficking field, who may face intimidation or retaliation for their activities. (2) Promoting a trauma-informed, evidence-based, culturally competent, and victim-centered approach to the provision of services for victims of trafficking. (3) Ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual is a victim of human trafficking before arresting the individual for, or charging the individual with, an offense that is related to the trafficking victimization of the individual. (4) Effectively prosecuting traffickers and individuals who patronize or solicit children for sex, and facilitating access for child victims of commercial sex trafficking to the services and protections afforded to other victims of sexual violence. (5) Encouraging States to improve efforts to identify and meet the needs of human trafficking victims and individuals at risk for trafficking victimization, through methods that are responsive to the needs of victims in their communities.",
"id": "ida3ebfe3d2d014b11a0697224bfb09eeb",
"header": "Training for prosecutions of traffickers and support for state services for victims of trafficking"
},
{
"text": "3. Working to develop methodologies to assess prevalence of human trafficking \n(a) Working group \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with other Federal entities engaged in efforts to combat human trafficking, shall establish an expert working group, which shall include survivors of human trafficking, experts on sex and labor trafficking, representatives from organizations collecting data on human trafficking, and law enforcement officers. The working group shall, utilizing, to the extent practicable, existing efforts of agencies, task forces, States, localities, tribes, research institutions, and organizations— (A) identify barriers to the collection of data on the incidence of sex and labor trafficking; and (B) recommend practices to promote better data collection and analysis. (2) Pilot testing \nNot later than 3 years after the date of enactment of this Act, the Attorney General shall implement a pilot project to test promising methodologies studied under paragraph (1). (b) Report \n(1) In general \nNot later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Director of the Center for Countering Human Trafficking of the Department of Homeland Security, shall submit to Congress a report on— (A) Federal efforts to estimate the prevalence of human trafficking at the national and regional levels; (B) the effectiveness of current policies and procedures to address the needs of victims of trafficking; and (C) an analysis of demographic characteristics of victims of trafficking in different regions of the United States and recommendations for how to address the unique vulnerabilities of different victims. (2) Input from relevant parties \nIn developing the report under paragraph (1), the Attorney General shall seek input from the United States Advisory Council on Human Trafficking, victims of sex and labor trafficking, human trafficking survivor advocates, service providers for victims of sex and labor trafficking, and the President’s Interagency Task Force on Human Trafficking. (c) Survey \nNot later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with Federal, State, local, and Tribal governments, and private organizations, including victim service providers and expert researchers, shall develop and execute a survey of survivors seeking and receiving victim assistance services for the purpose of improving the provision of services to human trafficking victims and victim identification in the United States. Survey results shall be made publicly available on the website of the Department of Justice. (d) No additional funds \nNo additional funds are authorized to carry out this section.",
"id": "id567943939fdf4207a5f32df8430085b6",
"header": "Working to develop methodologies to assess prevalence of human trafficking"
},
{
"text": "4. Report on prosecutors seeking restitution in trafficking cases \nNot later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to Congress a report on efforts to increase restitution to victims of human trafficking.",
"id": "iddfae232e4b37410e9e688fad79720504",
"header": "Report on prosecutors seeking restitution in trafficking cases"
},
{
"text": "5. Sense of Congress encouraging States to adopt protections for victims of trafficking \nCongress recognizes and applauds the State legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking. Congress encourages States to— (1) uphold the dignity of human trafficking survivors; (2) ensure the safety, confidentiality, and well-being of victims of trafficking, while recognizing symptoms of trauma and coping mechanisms that may impact victims’ interactions with law enforcement, the justice system, and service providers; (3) implement screening mechanisms to identify and extend appropriate services to children in the custody of child protective services agencies, the juvenile justice system, or the criminal justice system who are or may be victims of trafficking; (4) promote greater access to child welfare services and other appropriate victim services for, rather than criminalization of, child victims of sex trafficking; (5) develop a 24-hour emergency response plan by which victims of human trafficking may receive immediate protection, shelter, and support from a victim assistance coordinator when those victims are first identified; (6) adopt protections for adult victims of trafficking, such as protection if the victim’s safety is at risk, comprehensive trauma-informed, long-term, culturally competent care and healing services, mental health services to relieve traumatic stress, housing, education (including, where appropriate, vocational training and employment assistance), mentoring, language assistance, drug and substance abuse services, and legal services; and (7) ensure that child trafficking victims are treated as children in need of child protective services and receive appropriate care from child welfare and other appropriate victim services, rather than juvenile justice, system.",
"id": "id892c6bb76dc647be8831f57815f9b86b",
"header": "Sense of Congress encouraging States to adopt protections for victims of trafficking"
}
] | 5 | 1. Short title
This Act may be cited as the Put Trafficking Victims First Act of 2022. 2. Training for prosecutions of traffickers and support for state services for victims of trafficking
It is the sense of Congress that a portion of the funds available for training and technical assistance under section 107(b)(2)(B)(ii) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(B)(ii) ) should be devoted to advancing the following goals: (1) Increasing the personal safety of organizations working in the human trafficking field, who may face intimidation or retaliation for their activities. (2) Promoting a trauma-informed, evidence-based, culturally competent, and victim-centered approach to the provision of services for victims of trafficking. (3) Ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual is a victim of human trafficking before arresting the individual for, or charging the individual with, an offense that is related to the trafficking victimization of the individual. (4) Effectively prosecuting traffickers and individuals who patronize or solicit children for sex, and facilitating access for child victims of commercial sex trafficking to the services and protections afforded to other victims of sexual violence. (5) Encouraging States to improve efforts to identify and meet the needs of human trafficking victims and individuals at risk for trafficking victimization, through methods that are responsive to the needs of victims in their communities. 3. Working to develop methodologies to assess prevalence of human trafficking
(a) Working group
(1) In general
Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with other Federal entities engaged in efforts to combat human trafficking, shall establish an expert working group, which shall include survivors of human trafficking, experts on sex and labor trafficking, representatives from organizations collecting data on human trafficking, and law enforcement officers. The working group shall, utilizing, to the extent practicable, existing efforts of agencies, task forces, States, localities, tribes, research institutions, and organizations— (A) identify barriers to the collection of data on the incidence of sex and labor trafficking; and (B) recommend practices to promote better data collection and analysis. (2) Pilot testing
Not later than 3 years after the date of enactment of this Act, the Attorney General shall implement a pilot project to test promising methodologies studied under paragraph (1). (b) Report
(1) In general
Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Director of the Center for Countering Human Trafficking of the Department of Homeland Security, shall submit to Congress a report on— (A) Federal efforts to estimate the prevalence of human trafficking at the national and regional levels; (B) the effectiveness of current policies and procedures to address the needs of victims of trafficking; and (C) an analysis of demographic characteristics of victims of trafficking in different regions of the United States and recommendations for how to address the unique vulnerabilities of different victims. (2) Input from relevant parties
In developing the report under paragraph (1), the Attorney General shall seek input from the United States Advisory Council on Human Trafficking, victims of sex and labor trafficking, human trafficking survivor advocates, service providers for victims of sex and labor trafficking, and the President’s Interagency Task Force on Human Trafficking. (c) Survey
Not later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with Federal, State, local, and Tribal governments, and private organizations, including victim service providers and expert researchers, shall develop and execute a survey of survivors seeking and receiving victim assistance services for the purpose of improving the provision of services to human trafficking victims and victim identification in the United States. Survey results shall be made publicly available on the website of the Department of Justice. (d) No additional funds
No additional funds are authorized to carry out this section. 4. Report on prosecutors seeking restitution in trafficking cases
Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to Congress a report on efforts to increase restitution to victims of human trafficking. 5. Sense of Congress encouraging States to adopt protections for victims of trafficking
Congress recognizes and applauds the State legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking. Congress encourages States to— (1) uphold the dignity of human trafficking survivors; (2) ensure the safety, confidentiality, and well-being of victims of trafficking, while recognizing symptoms of trauma and coping mechanisms that may impact victims’ interactions with law enforcement, the justice system, and service providers; (3) implement screening mechanisms to identify and extend appropriate services to children in the custody of child protective services agencies, the juvenile justice system, or the criminal justice system who are or may be victims of trafficking; (4) promote greater access to child welfare services and other appropriate victim services for, rather than criminalization of, child victims of sex trafficking; (5) develop a 24-hour emergency response plan by which victims of human trafficking may receive immediate protection, shelter, and support from a victim assistance coordinator when those victims are first identified; (6) adopt protections for adult victims of trafficking, such as protection if the victim’s safety is at risk, comprehensive trauma-informed, long-term, culturally competent care and healing services, mental health services to relieve traumatic stress, housing, education (including, where appropriate, vocational training and employment assistance), mentoring, language assistance, drug and substance abuse services, and legal services; and (7) ensure that child trafficking victims are treated as children in need of child protective services and receive appropriate care from child welfare and other appropriate victim services, rather than juvenile justice, system. | 6,663 |
117s3621is | 117 | s | 3,621 | is | To direct the Secretary of the Interior to establish a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers to respond to the effects of extreme weather events and climate trends, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Climate Adaptation Science Centers Act or the CASC Act.",
"id": "H1A88A7AFF70045648232E9D163DCE48A",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Adaptation \nThe term adaptation means— (A) the process of adjustment to— (i) actual or expected climate; and (ii) the effects of extreme weather, climate trends, and climate variability; and (B) protection, management, and conservation efforts designed to maintain or enhance the ability of people, fish, wildlife, plants, land, ecosystems, and water of the United States to withstand, adjust to, or recover from the effects of extreme weather, climate trends, and climate variability. (2) Committee \nThe term Committee means the Advisory Committee on Climate and Natural Resource Sciences established under section 6(b)(1). (3) Consortium institution \nThe term consortium institution means an institution of higher education, State cooperative institution, State agency, Indian Tribe, Tribal College or University, historically Black college or university, Tribal organization, Native Hawaiian organization, minority-serving institution, or other educational institution or organization, Federal agency, public or private organization, individual, or any other party within each Regional Center other than the United States Geological Survey and the host institution. (4) Cultural resource \n(A) In general \nThe term cultural resource means a feature or value relating to cultural heritage. (B) Inclusions \nThe term cultural resource includes— (i) a biological species with cultural heritage or ceremonial importance; and (ii) a historic or prehistoric site, trail, structure, inscription, artwork, or artifact that is— (I) located on Federal land; or (II) representative of the culture of Indian Tribes, Native Hawaiians, or Native American Pacific Islanders. (5) Department \nThe term Department means the Department of the Interior. (6) Ecosystem service \nThe term ecosystem service means a benefit that an ecosystem provides humans and human society, including clean air, clean water, and other economically important services. (7) Historically black college or university \nThe term historically Black colleges or 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 ). (8) Host institution \nThe term host institution means the non-Federal lead organization within each Regional Center. (9) Indian Tribe \nThe 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 ). (10) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (11) Minority-serving institution \nThe term minority-serving institution means an institution described in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (12) National Center \nThe term National Center means the National Climate Adaptation Science Center established under section 3(a). (13) Native American pacific islander \nThe term Native American Pacific Islander means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory of the United States. (14) Native Hawaiian \nThe term Native Hawaiian means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. (15) Native Hawaiian organization \nThe term Native Hawaiian organization means any organization that— (A) serves and represents the interests of Native Hawaiians; (B) has as a primary and stated purpose the provision of services to Native Hawaiians; and (C) has expertise in Native Hawaiian affairs, including— (i) the Office of Hawaiian Affairs; and (ii) Hui Malama I Na Kupuna O Hawai’i Nei. (16) Natural resources \nThe term natural resources has the meaning given the term in section 11.14 of title 43, Code of Federal Regulations (or successor regulations). (17) Regional Center \nThe term Regional Center means a Regional Climate Adaptation Science Center established under section 3(a). (18) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (19) State \nThe term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (20) Tribal college or university \nThe term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (21) Tribal organization \nThe term Tribal organization means— (A) the recognized governing body of any Indian Tribe; or (B) any legally established organization of members of an Indian Tribe that— (i) is controlled, sanctioned, or chartered by the recognized governing body of an Indian Tribe; or (ii) (I) is democratically elected by the adult members of the Indian community to be served by the organization; and (II) includes the maximum participation of members of Indian Tribes in all phases of the activities of the organization.",
"id": "HE0E402AC644A4A96A1C9EEAB4BD8AF34",
"header": "Definitions"
},
{
"text": "3. Establishment of the National and Regional Climate Adaptation Science Centers \n(a) Establishment \n(1) In general \nThe Secretary, in collaboration with States, Indian Tribes, and other partner organizations, shall establish a program, to be known as the National and Regional Climate Adaptation Science Centers — (A) to provide scientific expertise to managers of natural resources, cultural resources, and ecosystem services for the purpose of informing decisions that aid adaptation to a changing climate and extreme weather events; and (B) that includes a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers, which shall be administered by the United States Geological Survey. (2) Chief; Directors \n(A) Chief \nThe Chief of the National Center shall be an employee of the United States Geological Survey. (B) Directors \n(i) In general \nEach Regional Center shall have a Federal Director and a Host Institution Director who shall work cooperatively to further the mission of the Regional Center. (ii) Federal director \nA Federal Director of a Regional Center shall be an employee of the United States Geological Survey who reports directly to the Chief of the National Center. (b) Duties of the National Center \nIn collaboration with Federal agencies, States, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other partner organizations, the National Center shall— (1) serve as the national office for the Regional Centers; (2) provide leadership and guidance on administration, partnerships, information management, and communications; (3) develop and facilitate coordination among the Regional Centers; (4) coordinate with other Federal agencies working on similar research and activities; (5) conduct research on cross-regional and national science priorities; (6) support Regional Centers that— (A) are hosted at an institution of higher education, or a consortium of institutions of higher education or other research institutions, within the region of each Regional Center; (B) are collaborations between the Federal Director and the Host Institution Director and the staff of the Federal Director and the Host Institution Director to address the broad scientific mission and goals defined by the National Center— (i) in a manner that is relevant to the specific geographic region of the Regional Center; and (ii) in cooperation with State and local governments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other entities within that region; (C) promote research, education, training, and advisory service activities and broad and prompt dissemination of knowledge and techniques; and (D) receive funding at the host institution through cooperative agreements, contracts, and grants under section 4; and (7) acting through the Chief of the National Center, with respect to the Regional Centers— (A) (i) evaluate and assess the performance of the programs of Regional Centers every 5 years, using the priorities, guidelines, and qualifications established by the Secretary under this section; and (ii) based on the evaluation and assessment under clause (i), determine if the programs of the Regional Center are well managed and carry out high-quality research, education, training, and advisory service activities; and (B) subject to the availability of appropriations, allocate funding among Regional Centers for— (i) the conduct of regionally relevant research, education, training, and advisory service activities in each of the regions; (ii) encouraging collaborations among Regional Centers to address regional and national priorities established under this section; (iii) ensuring successful implementation and operation of Regional Centers; (iv) to the maximum extent consistent with other provisions of this Act, the provision of a stable base of funding in support of the Regional Centers; and (v) the encouragement and promotion of coordination and cooperation between the research, education, training, and advisory service activities of the Department and the activities of the host and consortium institutions. (c) Authorities of the National Center \nThe National Center may— (1) procure the services of appropriate public and private agencies and institutions and other qualified persons to conduct the work of the National Center; and (2) operate and fund a network of not fewer than 9 Regional Centers that shall address the impacts of climate trends and variability, including extreme weather events, on natural resources, cultural resources, and ecosystem services. (d) Designation of the Regional Centers \n(1) Existing Regional Center Designations \nAny institution or consortium of institutions designated as the host institution of a Regional Center before the date of enactment of this Act shall not have to reapply for designation as a Regional Center if the Chief of the National Center determines that the institution or consortium of institutions meets the guidelines established under paragraph (2). (2) Reviews of the Regional Centers \nThe Chief of the National Center, in consultation with the Committee, shall establish guidelines relating to the activities and responsibilities of the Regional Centers, including— (A) requirements for the merit review of the Regional Centers; (B) guidelines for the circumstances in which a host institution may be discontinued as a host institution; (C) the schedule for merit reviews, in accordance with scheduling criteria developed under this paragraph; and (D) the process to select a new host institution. (3) Changes to Consortium Institutions \nThe Chief of the National Center, in consultation with the Federal Director and Host Institution Director of a Regional Center, may add or remove a consortium institution at any time to address regional and national priorities established under this section. (4) Nonapplicability of FACA \nA committee, subcommittee, or working group appointed by a Federal Director of a Regional Center shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Duties of the regional centers \nIn collaboration with Federal and State natural resources agencies and departments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, Tribal Colleges or Universities, historically Black Colleges or Universities, minority-serving institutions, institutions of higher education, other research or educational institutions, and other partner organizations, a Regional Center shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management in the region covered by the Regional Center for the purpose of climate adaptation.",
"id": "HDD8A21B7471541D4B04F4FE0E0205CCB",
"header": "Establishment of the National and Regional Climate Adaptation Science Centers"
},
{
"text": "4. General authority to enter into contracts, grants, cooperative agreements, and interagency agreements \n(a) Authority \n(1) In general \nThe Secretary may enter into contracts, grants, cooperative agreements, and interagency agreements with a host institution or consortium institution to further the research, education, training, and advisory service activities of the Department or partners of the Department relating to impacts of climate trends and variability. (2) Effect \nThe authority under paragraph (1)— (A) supplements any other authority provided under any other law relating to the Department; and (B) does not limit or repeal any existing authorities of the Department. (b) Legal instruments \nThe Secretary may use a contract, grant, cooperative agreement, or interagency agreement as the legal instrument reflecting a relationship between the Secretary and a host institution or consortium institution to carry out the duties under section 3 without regard to— (1) any requirements for competition; (2) section 6101 of title 41, United States Code; or (3) subsections (a) and (b) of section 3324 of title 31, United States Code. (c) Participation of Federal agencies \nNotwithstanding any other provision of law, any Federal agency may participate in a cooperative agreement under this section by contributing funds through the National Center or otherwise if the parties to the cooperative agreement mutually agree that the objectives of the agreement would further the authorized programs of the contributing agency. (d) Title to assets \nThe Secretary may vest in a contractor or recipient title to expendable and nonexpendable assets, including equipment, supplies, and other tangible personal property, if— (1) the contractor or recipient purchases the assets with funds from a contract, grant, cooperative agreement, or interagency agreement; and (2) the Secretary considers the vesting of title to be in furtherance of the research, education, training, and advisory service objectives of the Department. (e) Approval required \nIn any case in which a contract is let or a grant is made to an organization to perform services benefitting more than 1 Indian Tribe, the approval of each Indian Tribe shall be a prerequisite to the letting or making of the contract or grant.",
"id": "H4CF81FE14FB3471392392FF7B3C8A465",
"header": "General authority to enter into contracts, grants, cooperative agreements, and interagency agreements"
},
{
"text": "5. Interagency cooperation \nEach department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to natural resources, cultural resources, ecosystem services, or climate variability or change, including all member agencies of the United States Global Change Research Program— (1) may make available, on a reimbursable basis or otherwise, any personnel (with the consent of the personnel and without prejudice to the position and rating of the personnel), service, or facility that the Chief of the National Center determines to be necessary to carry out any provision of section 3; (2) shall, on a written request from the Secretary, furnish any available data or other information that the Secretary determines to be necessary to carry out any provision of section 3; (3) shall cooperate with the National Center, Regional Centers, and duly authorized officials of the National Center or Regional Centers; and (4) may transfer budgetary resources or otherwise enter into interagency agreements, including for funding, facilities, computational resources, data, or other tangible or intangible resources, between the National Center or Regional Centers to aid collaborative work among Federal agencies, if approved by the Chief of the National Center and the head of the applicable Federal agency.",
"id": "H2C1C6545F71B4ED595165E71029DFD65",
"header": "Interagency cooperation"
},
{
"text": "6. Committees \n(a) Authority To establish committees \nThe Chief of the National Center may establish committees or working groups and procedures to facilitate public participation in the advisory process, such as a national advisory committee for the National Center, stakeholder advisory committees and science implementation panels for the Regional Centers, and working groups for review of competitive or noncompetitive proposals. (b) Advisory Committee \n(1) Establishment \nNot later than 180 days after the date of enactment of this Act and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an Advisory Committee on Climate and Natural Resource Sciences. (2) Members \nThe Committee shall have not fewer than 15 members, including members that are employees of or represent the following: (A) An Indian Tribe. (B) A Tribal organization. (C) A Native Hawaiian organization. (D) A State or local government. (E) A Host institution of a Regional Center. (F) A nongovernmental organization. (G) An academic institution. (H) An organization of the private sector. (3) Chair; vice chair \n(A) Chair \nThe Secretary shall appoint a Committee Chair from among the members of the Committee. (B) Vice chair \nThe Committee shall select 1 voting member of the Committee to serve as the Vice Chair, who shall act as Chair in the absence or incapacity of the Chair. (4) Duties \nThe Committee shall identify and recommend priorities for ongoing research needs on the issues described in section 3(e) to inform the research priorities of the National Center. (5) Term \n(A) In general \nExcept as provided in subparagraph (C), the term of office of a voting member of the Committee shall be not more than 3 years. (B) Consecutive terms \nNo member of the Committee may serve more than 2 consecutive terms as a voting member of the Committee. (C) Extension \nThe Chair may extend the term of office of a voting member of the Committee by not more than 1 year. (D) Partial term \nA member that is appointed to a partial or full term on the Committee may be reappointed for 1 additional full term as a member on the Committee. (6) Nominations \nNot less frequently than once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (c) Committees; working groups \n(1) In general \nAt the direction of the Secretary, the Chief of the National Center may establish committees or working groups to provide input on the science priorities, implementation of science programs, review of competitive and noncompetitive proposals, and evaluation of processes, procedures, and outcomes of the National Center and the Regional Centers. (2) Members \nA committee or working group established under paragraph (1) shall, to the extent practicable, include members from the Federal Government, State government, institutions of higher education, the private sector, nongovernmental organizations, Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (3) Public participation \nThe Secretary may establish procedures to facilitate public participation in the advisory process under this subsection, including— (A) providing advance notice of meetings; (B) providing adequate opportunity for public input and comment; (C) maintaining appropriate records; and (D) making a record of the proceedings of meetings available for public inspection. (4) Implementation; availability of records \nThe Secretary shall ensure that— (A) the procedures described in paragraph (3) are adopted and implemented; and (B) the records described in paragraph (3) are accurately maintained and available for public inspection. (5) Nonapplicability of FACA \n(A) In general \nA committee or working group established under paragraph (1) shall not be considered to be an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). (B) Advice \nSeeking advice and input under paragraph (1) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).",
"id": "H5BCA4239E962454BBC296516DD9D1ADF",
"header": "Committees"
},
{
"text": "7. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act— (1) $97,000,000 for fiscal year 2023; (2) $109,000,000 for fiscal year 2024; (3) $121,000,000 for fiscal year 2025; (4) $133,000,000 for fiscal year 2026; and (5) $145,000,000 for fiscal year 2027.",
"id": "H6E64D982F9BC43F3B4D525652331BBD3",
"header": "Authorization of appropriations"
}
] | 7 | 1. Short title
This Act may be cited as the Climate Adaptation Science Centers Act or the CASC Act. 2. Definitions
In this Act: (1) Adaptation
The term adaptation means— (A) the process of adjustment to— (i) actual or expected climate; and (ii) the effects of extreme weather, climate trends, and climate variability; and (B) protection, management, and conservation efforts designed to maintain or enhance the ability of people, fish, wildlife, plants, land, ecosystems, and water of the United States to withstand, adjust to, or recover from the effects of extreme weather, climate trends, and climate variability. (2) Committee
The term Committee means the Advisory Committee on Climate and Natural Resource Sciences established under section 6(b)(1). (3) Consortium institution
The term consortium institution means an institution of higher education, State cooperative institution, State agency, Indian Tribe, Tribal College or University, historically Black college or university, Tribal organization, Native Hawaiian organization, minority-serving institution, or other educational institution or organization, Federal agency, public or private organization, individual, or any other party within each Regional Center other than the United States Geological Survey and the host institution. (4) Cultural resource
(A) In general
The term cultural resource means a feature or value relating to cultural heritage. (B) Inclusions
The term cultural resource includes— (i) a biological species with cultural heritage or ceremonial importance; and (ii) a historic or prehistoric site, trail, structure, inscription, artwork, or artifact that is— (I) located on Federal land; or (II) representative of the culture of Indian Tribes, Native Hawaiians, or Native American Pacific Islanders. (5) Department
The term Department means the Department of the Interior. (6) Ecosystem service
The term ecosystem service means a benefit that an ecosystem provides humans and human society, including clean air, clean water, and other economically important services. (7) Historically black college or university
The term historically Black colleges or 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 ). (8) Host institution
The term host institution means the non-Federal lead organization within each Regional Center. (9) 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 ). (10) Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (11) Minority-serving institution
The term minority-serving institution means an institution described in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (12) National Center
The term National Center means the National Climate Adaptation Science Center established under section 3(a). (13) Native American pacific islander
The term Native American Pacific Islander means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory of the United States. (14) Native Hawaiian
The term Native Hawaiian means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. (15) Native Hawaiian organization
The term Native Hawaiian organization means any organization that— (A) serves and represents the interests of Native Hawaiians; (B) has as a primary and stated purpose the provision of services to Native Hawaiians; and (C) has expertise in Native Hawaiian affairs, including— (i) the Office of Hawaiian Affairs; and (ii) Hui Malama I Na Kupuna O Hawai’i Nei. (16) Natural resources
The term natural resources has the meaning given the term in section 11.14 of title 43, Code of Federal Regulations (or successor regulations). (17) Regional Center
The term Regional Center means a Regional Climate Adaptation Science Center established under section 3(a). (18) Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (19) State
The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (20) Tribal college or university
The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (21) Tribal organization
The term Tribal organization means— (A) the recognized governing body of any Indian Tribe; or (B) any legally established organization of members of an Indian Tribe that— (i) is controlled, sanctioned, or chartered by the recognized governing body of an Indian Tribe; or (ii) (I) is democratically elected by the adult members of the Indian community to be served by the organization; and (II) includes the maximum participation of members of Indian Tribes in all phases of the activities of the organization. 3. Establishment of the National and Regional Climate Adaptation Science Centers
(a) Establishment
(1) In general
The Secretary, in collaboration with States, Indian Tribes, and other partner organizations, shall establish a program, to be known as the National and Regional Climate Adaptation Science Centers — (A) to provide scientific expertise to managers of natural resources, cultural resources, and ecosystem services for the purpose of informing decisions that aid adaptation to a changing climate and extreme weather events; and (B) that includes a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers, which shall be administered by the United States Geological Survey. (2) Chief; Directors
(A) Chief
The Chief of the National Center shall be an employee of the United States Geological Survey. (B) Directors
(i) In general
Each Regional Center shall have a Federal Director and a Host Institution Director who shall work cooperatively to further the mission of the Regional Center. (ii) Federal director
A Federal Director of a Regional Center shall be an employee of the United States Geological Survey who reports directly to the Chief of the National Center. (b) Duties of the National Center
In collaboration with Federal agencies, States, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other partner organizations, the National Center shall— (1) serve as the national office for the Regional Centers; (2) provide leadership and guidance on administration, partnerships, information management, and communications; (3) develop and facilitate coordination among the Regional Centers; (4) coordinate with other Federal agencies working on similar research and activities; (5) conduct research on cross-regional and national science priorities; (6) support Regional Centers that— (A) are hosted at an institution of higher education, or a consortium of institutions of higher education or other research institutions, within the region of each Regional Center; (B) are collaborations between the Federal Director and the Host Institution Director and the staff of the Federal Director and the Host Institution Director to address the broad scientific mission and goals defined by the National Center— (i) in a manner that is relevant to the specific geographic region of the Regional Center; and (ii) in cooperation with State and local governments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other entities within that region; (C) promote research, education, training, and advisory service activities and broad and prompt dissemination of knowledge and techniques; and (D) receive funding at the host institution through cooperative agreements, contracts, and grants under section 4; and (7) acting through the Chief of the National Center, with respect to the Regional Centers— (A) (i) evaluate and assess the performance of the programs of Regional Centers every 5 years, using the priorities, guidelines, and qualifications established by the Secretary under this section; and (ii) based on the evaluation and assessment under clause (i), determine if the programs of the Regional Center are well managed and carry out high-quality research, education, training, and advisory service activities; and (B) subject to the availability of appropriations, allocate funding among Regional Centers for— (i) the conduct of regionally relevant research, education, training, and advisory service activities in each of the regions; (ii) encouraging collaborations among Regional Centers to address regional and national priorities established under this section; (iii) ensuring successful implementation and operation of Regional Centers; (iv) to the maximum extent consistent with other provisions of this Act, the provision of a stable base of funding in support of the Regional Centers; and (v) the encouragement and promotion of coordination and cooperation between the research, education, training, and advisory service activities of the Department and the activities of the host and consortium institutions. (c) Authorities of the National Center
The National Center may— (1) procure the services of appropriate public and private agencies and institutions and other qualified persons to conduct the work of the National Center; and (2) operate and fund a network of not fewer than 9 Regional Centers that shall address the impacts of climate trends and variability, including extreme weather events, on natural resources, cultural resources, and ecosystem services. (d) Designation of the Regional Centers
(1) Existing Regional Center Designations
Any institution or consortium of institutions designated as the host institution of a Regional Center before the date of enactment of this Act shall not have to reapply for designation as a Regional Center if the Chief of the National Center determines that the institution or consortium of institutions meets the guidelines established under paragraph (2). (2) Reviews of the Regional Centers
The Chief of the National Center, in consultation with the Committee, shall establish guidelines relating to the activities and responsibilities of the Regional Centers, including— (A) requirements for the merit review of the Regional Centers; (B) guidelines for the circumstances in which a host institution may be discontinued as a host institution; (C) the schedule for merit reviews, in accordance with scheduling criteria developed under this paragraph; and (D) the process to select a new host institution. (3) Changes to Consortium Institutions
The Chief of the National Center, in consultation with the Federal Director and Host Institution Director of a Regional Center, may add or remove a consortium institution at any time to address regional and national priorities established under this section. (4) Nonapplicability of FACA
A committee, subcommittee, or working group appointed by a Federal Director of a Regional Center shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Duties of the regional centers
In collaboration with Federal and State natural resources agencies and departments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, Tribal Colleges or Universities, historically Black Colleges or Universities, minority-serving institutions, institutions of higher education, other research or educational institutions, and other partner organizations, a Regional Center shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management in the region covered by the Regional Center for the purpose of climate adaptation. 4. General authority to enter into contracts, grants, cooperative agreements, and interagency agreements
(a) Authority
(1) In general
The Secretary may enter into contracts, grants, cooperative agreements, and interagency agreements with a host institution or consortium institution to further the research, education, training, and advisory service activities of the Department or partners of the Department relating to impacts of climate trends and variability. (2) Effect
The authority under paragraph (1)— (A) supplements any other authority provided under any other law relating to the Department; and (B) does not limit or repeal any existing authorities of the Department. (b) Legal instruments
The Secretary may use a contract, grant, cooperative agreement, or interagency agreement as the legal instrument reflecting a relationship between the Secretary and a host institution or consortium institution to carry out the duties under section 3 without regard to— (1) any requirements for competition; (2) section 6101 of title 41, United States Code; or (3) subsections (a) and (b) of section 3324 of title 31, United States Code. (c) Participation of Federal agencies
Notwithstanding any other provision of law, any Federal agency may participate in a cooperative agreement under this section by contributing funds through the National Center or otherwise if the parties to the cooperative agreement mutually agree that the objectives of the agreement would further the authorized programs of the contributing agency. (d) Title to assets
The Secretary may vest in a contractor or recipient title to expendable and nonexpendable assets, including equipment, supplies, and other tangible personal property, if— (1) the contractor or recipient purchases the assets with funds from a contract, grant, cooperative agreement, or interagency agreement; and (2) the Secretary considers the vesting of title to be in furtherance of the research, education, training, and advisory service objectives of the Department. (e) Approval required
In any case in which a contract is let or a grant is made to an organization to perform services benefitting more than 1 Indian Tribe, the approval of each Indian Tribe shall be a prerequisite to the letting or making of the contract or grant. 5. Interagency cooperation
Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to natural resources, cultural resources, ecosystem services, or climate variability or change, including all member agencies of the United States Global Change Research Program— (1) may make available, on a reimbursable basis or otherwise, any personnel (with the consent of the personnel and without prejudice to the position and rating of the personnel), service, or facility that the Chief of the National Center determines to be necessary to carry out any provision of section 3; (2) shall, on a written request from the Secretary, furnish any available data or other information that the Secretary determines to be necessary to carry out any provision of section 3; (3) shall cooperate with the National Center, Regional Centers, and duly authorized officials of the National Center or Regional Centers; and (4) may transfer budgetary resources or otherwise enter into interagency agreements, including for funding, facilities, computational resources, data, or other tangible or intangible resources, between the National Center or Regional Centers to aid collaborative work among Federal agencies, if approved by the Chief of the National Center and the head of the applicable Federal agency. 6. Committees
(a) Authority To establish committees
The Chief of the National Center may establish committees or working groups and procedures to facilitate public participation in the advisory process, such as a national advisory committee for the National Center, stakeholder advisory committees and science implementation panels for the Regional Centers, and working groups for review of competitive or noncompetitive proposals. (b) Advisory Committee
(1) Establishment
Not later than 180 days after the date of enactment of this Act and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an Advisory Committee on Climate and Natural Resource Sciences. (2) Members
The Committee shall have not fewer than 15 members, including members that are employees of or represent the following: (A) An Indian Tribe. (B) A Tribal organization. (C) A Native Hawaiian organization. (D) A State or local government. (E) A Host institution of a Regional Center. (F) A nongovernmental organization. (G) An academic institution. (H) An organization of the private sector. (3) Chair; vice chair
(A) Chair
The Secretary shall appoint a Committee Chair from among the members of the Committee. (B) Vice chair
The Committee shall select 1 voting member of the Committee to serve as the Vice Chair, who shall act as Chair in the absence or incapacity of the Chair. (4) Duties
The Committee shall identify and recommend priorities for ongoing research needs on the issues described in section 3(e) to inform the research priorities of the National Center. (5) Term
(A) In general
Except as provided in subparagraph (C), the term of office of a voting member of the Committee shall be not more than 3 years. (B) Consecutive terms
No member of the Committee may serve more than 2 consecutive terms as a voting member of the Committee. (C) Extension
The Chair may extend the term of office of a voting member of the Committee by not more than 1 year. (D) Partial term
A member that is appointed to a partial or full term on the Committee may be reappointed for 1 additional full term as a member on the Committee. (6) Nominations
Not less frequently than once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (c) Committees; working groups
(1) In general
At the direction of the Secretary, the Chief of the National Center may establish committees or working groups to provide input on the science priorities, implementation of science programs, review of competitive and noncompetitive proposals, and evaluation of processes, procedures, and outcomes of the National Center and the Regional Centers. (2) Members
A committee or working group established under paragraph (1) shall, to the extent practicable, include members from the Federal Government, State government, institutions of higher education, the private sector, nongovernmental organizations, Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (3) Public participation
The Secretary may establish procedures to facilitate public participation in the advisory process under this subsection, including— (A) providing advance notice of meetings; (B) providing adequate opportunity for public input and comment; (C) maintaining appropriate records; and (D) making a record of the proceedings of meetings available for public inspection. (4) Implementation; availability of records
The Secretary shall ensure that— (A) the procedures described in paragraph (3) are adopted and implemented; and (B) the records described in paragraph (3) are accurately maintained and available for public inspection. (5) Nonapplicability of FACA
(A) In general
A committee or working group established under paragraph (1) shall not be considered to be an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). (B) Advice
Seeking advice and input under paragraph (1) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 7. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this Act— (1) $97,000,000 for fiscal year 2023; (2) $109,000,000 for fiscal year 2024; (3) $121,000,000 for fiscal year 2025; (4) $133,000,000 for fiscal year 2026; and (5) $145,000,000 for fiscal year 2027. | 20,317 |
117s1733is | 117 | s | 1,733 | is | To authorize implementation grants to community-based nonprofits to operate one-stop reentry centers. | [
{
"text": "1. Short title \nThis Act may be cited as the One Stop Shop Community Reentry Program Act of 2021.",
"id": "H4D81137718FC4CF2937E07C5CBC88392",
"header": "Short title"
},
{
"text": "2. Community reentry center grant program \n(a) Program authorized \nThe Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers. (b) Application requirements \nEach application for a grant under this section shall— (1) demonstrate a plan to work with community leaders who interact with formerly incarcerated people and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals returning to the community after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals are returning; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the correctional institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of correctional institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from a correctional institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from a correctional institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school, GED, and institutions of higher education; (E) increased numbers of individuals obtaining and maintaining housing; and (F) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section. (c) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility. (d) Evaluation and report \n(1) Evaluation \nThe Attorney General shall enter into a contract with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of a grant and each community reentry center receiving funds under this section on an ongoing basis. (2) Administrative burden \nThe nonprofit organization described in paragraph (1) shall provide administrative support to assist recipients of grants authorized by this Act to comply with the conditions associated with the receipt of funding from the Department of Justice. (3) Report \nNot later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; and (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section. (e) Definitions \nIn this section: (1) Community leader \nThe term community leader — (A) means an individual who serves the community in a leadership role; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a member of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center \nThe term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals returning to the community after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity \nThe term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services \nThe term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals returning to the community after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including through assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills; (iv) locating and maintaining housing, which may include counseling on public housing opportunities, assisting with applications for public housing benefits, locating and securing temporary or long-term shelter, and applying for home energy and utility assistance programs; (v) obtaining identification cards and driver’s licenses; (vi) registering to vote, and applying for voting rights to be restored, where permitted by law; (vii) applying for or accessing GED courses; (viii) applying for loans for and admission to institutions of higher education; (ix) financial counseling; (x) legal assistance or referrals for record expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xi) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xii) transportation, including through provision of transit fare; (xiii) familial counseling; (xiv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance abuse, and other court-ordered requirements; (xv) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvi) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xvii) life skills assistance; (xviii) mentorship; (xix) medical and mental health services, and cognitive-behavioral programming; (xx) substance abuse treatment; (xxi) reactivation, application for, and maintenance of professional or other licenses; and (xxii) providing case management services, in connection with court-orders terms of release, or other local publicly supported social work case management. (5) Success rate \nThe term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program. (f) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Equitable distribution \nThe Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism.",
"id": "H0B83EBBC1D4D4A5BB257BE65897299F9",
"header": "Community reentry center grant program"
},
{
"text": "3. Grants for reentry services assistance hotlines \n(a) Grants authorized \n(1) In general \nThe Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period \nA grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements \nA grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities; and (5) the hotline has the capability to engage with individuals using text messages. (c) Best practices \nThe Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b). (d) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision. (e) Definitions \nIn this section: (1) Indian Tribe \nThe 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 ). (2) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (f) Authorization of appropriations \nThere is authorized to be appropriated $1,500,000 for each of fiscal years 2022 through 2026 to carry out this section.",
"id": "HF90A5599CA774E11ACD780E4A6D7ED3C",
"header": "Grants for reentry services assistance hotlines"
}
] | 3 | 1. Short title
This Act may be cited as the One Stop Shop Community Reentry Program Act of 2021. 2. Community reentry center grant program
(a) Program authorized
The Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers. (b) Application requirements
Each application for a grant under this section shall— (1) demonstrate a plan to work with community leaders who interact with formerly incarcerated people and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals returning to the community after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals are returning; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the correctional institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of correctional institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from a correctional institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from a correctional institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school, GED, and institutions of higher education; (E) increased numbers of individuals obtaining and maintaining housing; and (F) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section. (c) Preference
The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility. (d) Evaluation and report
(1) Evaluation
The Attorney General shall enter into a contract with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of a grant and each community reentry center receiving funds under this section on an ongoing basis. (2) Administrative burden
The nonprofit organization described in paragraph (1) shall provide administrative support to assist recipients of grants authorized by this Act to comply with the conditions associated with the receipt of funding from the Department of Justice. (3) Report
Not later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; and (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section. (e) Definitions
In this section: (1) Community leader
The term community leader — (A) means an individual who serves the community in a leadership role; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a member of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center
The term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals returning to the community after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity
The term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services
The term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals returning to the community after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including through assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills; (iv) locating and maintaining housing, which may include counseling on public housing opportunities, assisting with applications for public housing benefits, locating and securing temporary or long-term shelter, and applying for home energy and utility assistance programs; (v) obtaining identification cards and driver’s licenses; (vi) registering to vote, and applying for voting rights to be restored, where permitted by law; (vii) applying for or accessing GED courses; (viii) applying for loans for and admission to institutions of higher education; (ix) financial counseling; (x) legal assistance or referrals for record expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xi) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xii) transportation, including through provision of transit fare; (xiii) familial counseling; (xiv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance abuse, and other court-ordered requirements; (xv) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvi) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xvii) life skills assistance; (xviii) mentorship; (xix) medical and mental health services, and cognitive-behavioral programming; (xx) substance abuse treatment; (xxi) reactivation, application for, and maintenance of professional or other licenses; and (xxii) providing case management services, in connection with court-orders terms of release, or other local publicly supported social work case management. (5) Success rate
The term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program. (f) Authorization of appropriations
(1) In general
There is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Equitable distribution
The Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism. 3. Grants for reentry services assistance hotlines
(a) Grants authorized
(1) In general
The Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period
A grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements
A grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities; and (5) the hotline has the capability to engage with individuals using text messages. (c) Best practices
The Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b). (d) Preference
The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision. (e) Definitions
In this section: (1) 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 ). (2) State
The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (f) Authorization of appropriations
There is authorized to be appropriated $1,500,000 for each of fiscal years 2022 through 2026 to carry out this section. | 13,499 |
117s5356is | 117 | s | 5,356 | is | To improve compliance with mine safety and health laws, empower miners to raise safety concerns, and prevent future mine tragedies, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Robert C. Byrd Mine Safety Protection Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. TITLE I—Additional inspection and investigation authority Sec. 101. Independent accident investigations. Sec. 102. Subpoena authority and miner rights during inspections and investigations. Sec. 103. Designation of miner representative. Sec. 104. Additional amendments relating to inspections and investigations. TITLE II—Enhanced enforcement authority Sec. 201. Technical amendment. Sec. 202. Procedures and criteria for determining a pattern of violations. Sec. 203. Injunctive authority. Sec. 204. Revocation of approval of plans. Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan. Sec. 206. GAO study on MSHA underground mine plan approval. TITLE III—Penalties Sec. 301. Civil penalties. Sec. 302. Civil and criminal liability of officers, directors, and agents. Sec. 303. Criminal penalties. Sec. 304. Commission review of penalty assessments. Sec. 305. Delinquent payments and prejudgment interest. TITLE IV—Miners’ rights and protections Sec. 401. Protection from retaliation. Sec. 402. Protection from loss of pay. Sec. 403. Underground coal miner employment standard for mines with patterns of violations. TITLE V—Modernizing health and safety standards Sec. 501. Pre-shift review of mine conditions. Sec. 502. Rock dust standards. Sec. 503. Atmospheric monitoring systems. Sec. 504. Study on respirable dust standards. Sec. 505. Refresher training on miners’ rights and responsibilities. Sec. 506. Authority to mandate additional training. Sec. 507. Brookwood-Sago Mine Safety Grants. Sec. 508. Certification of personnel. Sec. 509. Electronic records requirement. TITLE VI—Additional mine safety provisions Sec. 601. Definitions. Sec. 602. Assistance to States. Sec. 603. Double encumbrance; succession plan. TITLE VII—Amendments to the Occupational Safety and Health Act of 1970 Sec. 701. Coverage of public employees. Sec. 702. Enhanced protections from retaliation. Sec. 703. Victims’ rights. Sec. 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 705. Conforming amendments. Sec. 706. Civil penalties. Sec. 707. Criminal penalties. Sec. 708. Penalties. Sec. 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health. Sec. 710. Effective date.",
"id": "H11309BD3C7BF497D9A9D5D682DDB6BFF",
"header": "Short title; table of contents"
},
{
"text": "2. References \nExcept as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ).",
"id": "H920B5C8E615C4C7E926C9C0B74948E09",
"header": "References"
},
{
"text": "101. Independent accident investigations \n(a) In general \nSection 103(b) ( 30 U.S.C. 813(b) ) is amended— (1) by striking (b) For the purpose and inserting the following: (b) Accident investigations \n(1) In general \nFor all accident investigations under this Act, the Secretary shall— (A) determine why the accident occurred; (B) determine whether there were violations of law, mandatory health or safety standards, or other requirements, and if there is evidence of conduct that may constitute a violation of Federal criminal law, the Secretary may refer such evidence to the Attorney General; and (C) make recommendations to avoid any recurrence. (2) Independent accident investigations \n(A) In general \nThere shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel ) appointed under subparagraph (B) for— (i) any accident involving 3 or more deaths; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment \n(i) In general \nAs soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson \nThe Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH ). (iii) Conflicts of interest \nPanel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary of Health and Human Services. (iv) Composition \nThe Secretary of Health and Human Services— (I) shall appoint as members of the Panel— (aa) 1 operator of a mine or individual representing mine operators; and (bb) 1 representative of a labor organization that represents miners; and (II) may not appoint more than 1 of either type of individuals described in items (aa) and (bb) as members of the Panel. (v) Staff and expenses \nThe Director of NIOSH (referred to in this subsection as the Director ) shall designate NIOSH staff to facilitate the work of the Panel. The Director may accept as staff personnel on detail from other Federal agencies or reemploy annuitants. The detail of personnel under this paragraph may be on a non-reimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege. The Director shall have the authority to procure on behalf of the Panel such materials, supplies or services, including technical experts, as requested in writing by a majority of the Panel. (vi) Compensation and travel \nAll members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (C) Duties \nThe Panel shall— (i) assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; (ii) identify and evaluate any contributing actions or inactions of— (I) the operator; (II) any contractors or other persons engaged in mining-related functions at the site; (III) any State agency with oversight responsibilities; (IV) any agency or office within the Department of Labor; (V) the Federal Mine Safety and Health Review Commission; or (VI) any other person or entity (including equipment manufacturers); (iii) review the determinations and recommendations of the Secretary under paragraph (1); (iv) prepare a report that— (I) includes the findings regarding the causal factors described in clauses (i) and (ii); (II) identifies any strengths and weaknesses in the Secretary’s investigation; and (III) includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which, in the judgment of the Panel, would prevent a recurrence at other mines; and (v) publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. (D) Hearings; applicability of certain Federal law \nThe Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of understanding \nNot later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publicly issue a memorandum of understanding that— (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that such Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided under this section to such Secretary relating to obtaining information and witnesses, which may be requested by the Panel; and (iii) establishes such other arrangements as are necessary to implement this paragraph. (F) Procedures \nNot later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall establish procedures to ensure the consistency and effectiveness of Panel investigations. In establishing such procedures, such Secretary shall consult with independent safety investigation agencies, sectors of the mining industry, representatives of miners, families of miners involved in fatal accidents, State mine safety agencies, and mine rescue organizations. Such procedures shall include— (i) authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; (ii) provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and (iii) provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. (G) Subpoenas; witnesses; contempt \n(i) Subpoena authority \nFor the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director shall at the request of a majority of the Panel, or upon the initiative of such Director, sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (ii) Additional investigative authority \nIn carrying out inspections and investigations under this paragraph, the staff of the Director or Panel and attorneys representing the Director or Panel are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel’s staff or their attorneys, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (3) Powers and processes \nFor the purpose ; and (2) by striking give testimony before the Secretary or to appear and produce documents before the Secretary and inserting give testimony before the Secretary (or, in the case of a subpoena under paragraph (2)(G), the Director or Panel) and produce documents before the Secretary (or, in such case, the Director or Panel). (b) Reporting requirements \nSection 511(a) ( 30 U.S.C. 958(a) ) is amended by inserting after 501, the following: the status of implementation of recommendations from each independent investigation panel under section 103(b)(2) received in the preceding 5 years,.",
"id": "H2788C9DD461148F58ECF70347DC78877",
"header": "Independent accident investigations"
},
{
"text": "102. Subpoena authority and miner rights during inspections and investigations \nSection 103(b) ( 30 U.S.C. 813(b) ), as so amended, is further amended by adding at the end the following: (4) Additional powers \nIn carrying out inspections and investigations under this subsection, authorized representatives of the Secretary and attorneys representing the Secretary are authorized to question any individual privately. Under this section, any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the Secretary may do so without the presence, involvement, or knowledge of the operator or the operator’s agents or attorneys. The Secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (5) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection such sums as may be necessary..",
"id": "HB522E5DD91354F1DADFAFA991F15A648",
"header": "Subpoena authority and miner rights during inspections and investigations"
},
{
"text": "103. Designation of miner representative \nSection 103(f) ( 30 U.S.C. 813(f) ) is amended by inserting before the last sentence the following: If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents, and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration..",
"id": "H6EA5C2A2458E484A970AB00D2DA3C93F",
"header": "Designation of miner representative"
},
{
"text": "104. Additional amendments relating to inspections and investigations \n(a) Hours of inspections \nSection 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts.. (b) Review of pattern of violations \nSection 103(a) ( 30 U.S.C. 813(a) ), as so amended, is further amended by inserting before the last sentence the following: Upon request by an operator or authorized representative of such operator, during the course of the inspections required to carry out the requirements of clauses (3) and (4) or (at the discretion of the Secretary) during the pre-inspection conference, the Secretary shall review with the appropriate mine officials the Secretary’s most recent determination regarding whether such operator has a pattern of violations under section 104(e) for the applicable coal or other mine.. (c) Injury and illness reporting \nSection 103(d) ( 30 U.S.C. 813(d) ) is amended by striking the last sentence and inserting the following: The records to be kept and made available by the operator of the mine shall include man-hours worked, and occupational injuries and illnesses, of the miners employed by, or under the direction or authority of, such operator, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but not less than annually. Independent contractors (within the meaning of section 3(d)) shall be responsible for reporting accidents, occupational injuries and illnesses, and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority. Such independent contractors shall so report at a frequency determined by the Secretary, but not less than annually. Reports or records of operators required and submitted to the Secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification, registration, qualification, or other approval under section 118. Knowingly falsifying such reports or records shall be grounds for revoking such certification, registration, qualification, or other approval under the standards established under subsection (b)(1) of such section.. (d) Orders following an accident \nSection 103(k) ( 30 U.S.C. 813(k) ) is amended by striking , when present,. (e) Conflict of interest in the representation of miners \nSection 103(a) ( 30 U.S.C. 813(a) ), as amended by this section, is further amended by adding at the end the following: During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States district court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action..",
"id": "H4A471DB11F464C76960A03C74489DF1B",
"header": "Additional amendments relating to inspections and investigations"
},
{
"text": "201. Technical amendment \nSection 104(d)(1) ( 30 U.S.C. 814(d)(1) ) is amended— (1) in the first sentence— (A) by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act ; and (B) by striking such mandatory health or safety standards and inserting such provisions, regulations, or mandatory health or safety standards ; and (2) in the second sentence, by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act,.",
"id": "H91BFCC6288924397A072A954BD3569D8",
"header": "Technical amendment"
},
{
"text": "202. Procedures and criteria for determining a pattern of violations \nSection 104(e)(4) is amended to read as follows: (4) The criteria for determining when a pattern of violations of mandatory health or safety standards exists, and the requirements for the issuance and termination of notice of a pattern of violations, shall be the criteria and requirements in the regulations promulgated by the Secretary under part 104 of chapter I of title 30, Code of Federal Regulations, as published on January 23, 2013..",
"id": "H983814A569764C85B67A3C1A74461EA5",
"header": "Procedures and criteria for determining a pattern of violations"
},
{
"text": "203. Injunctive authority \nSection 108(a)(2) ( 30 U.S.C. 818(a)(2) ) is amended by striking a pattern of violation of and all that follows through the period and inserting a course of conduct that in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners, including violations of this Act or of mandatory health or safety standards or regulations under this Act..",
"id": "id1D25450DE473422C8A60C2E5480F794E",
"header": "Injunctive authority"
},
{
"text": "204. Revocation of approval of plans \nSection 105 ( 30 U.S.C. 815 ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) in subsection (a), by striking subsection (d) and inserting subsection (e) ; and (3) by inserting after subsection (c) the following: (d) Revocation of approval of programs or plans \n(1) Revocation \nIf the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that circumstances that existed when such program or plan was approved have materially changed and that continued operation of such mine or an area of such mine under such program or plan constitutes a hazard to the safety or health of miners, the Secretary shall revoke the approval of such program or plan. (2) Withdrawal orders \nUpon revocation of the approval of a program or plan under paragraph (1), the Secretary may immediately issue an order requiring the operator to cause all persons, except those persons referred to in section 104(c), to be withdrawn from such mine or an area of such mine, and to be prohibited from entering such mine or such area, until the operator has submitted and the Secretary has approved a new plan..",
"id": "H461BBCED77AD491AB7877FD7E1277F9F",
"header": "Revocation of approval of plans"
},
{
"text": "205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan \nSection 105(e) ( 30 U.S.C. 815(e) ), as so redesignated by section 204(1), is amended by adding at the end the following: In any proceeding in which a party challenges the Secretary’s decision whether to approve, modify, or revoke a coal or other mine program or plan under this Act, the Commission shall affirm the Secretary’s decision unless the challenging party establishes that such decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law..",
"id": "H6B0D52BB641F4135BAEC73281E4A2315",
"header": "Challenging a decision to approve, modify, or revoke a coal or other mine program or plan"
},
{
"text": "206. GAO study on MSHA underground mine plan approval \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a report to Congress on the timeliness of approval by the Mine Safety and Health Administration of plans, and amendments to such plans, for underground coal mines under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), including— (1) factors that contribute to any delays in the approval of such plans; and (2) as appropriate, recommendations for improving timeliness of plan review and for achieving prompt decisions regarding such approval.",
"id": "HC3665E90DC0849F48FAEEF2CDA5CA04B",
"header": "GAO study on MSHA underground mine plan approval"
},
{
"text": "301. Civil penalties \n(a) Targeted penalties \nSection 110(b) ( 30 U.S.C. 820(b) ) is amended by adding at the end the following: (3) Any person may be assessed a civil penalty of not more than $220,000 for— (A) any change to a ventilation system or ventilation control in a coal or other mine, where such ventilation system or control is required by a ventilation plan, safety standard, or order, and such change is made without prior approval of the Secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order; (B) a violation of a mandatory health or safety standard requiring rock dusting in a coal mine; (C) a violation of the prohibition under section 103 on providing advance notice of an inspection; or (D) a violation of a mandatory health or safety standard requiring examinations of work areas in an underground coal mine.. (b) Increased civil penalties for patterns of violations \nSection 110(b) ( 30 U.S.C. 820(b) ), as so amended, is further amended by adding at the end the following: (4) Notwithstanding any other provision of this Act, an operator of a coal or other mine that has established a pattern of violations under section 104(e) shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act.. (c) Civil penalty for retaliation \nSection 110(a) ( 30 U.S.C. 820(a) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period.. (d) Technical amendment \nSection 110(a)(1) ( 30 U.S.C. 820(a)(1) ) is amended by inserting including any regulation promulgated under this Act, after this Act,.",
"id": "HDE2421DC82FA4867919CC95CCDED7998",
"header": "Civil penalties"
},
{
"text": "302. Civil and criminal liability of officers, directors, and agents \nSection 110(c) ( 30 U.S.C. 820(c) ) is amended to read as follows: (c) Civil and criminal liability of officers, directors, and agents \n(1) Civil penalties \nWhenever an operator engages in conduct for which the operator is subject to a civil penalty under this section, any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out any policy or practice that results in such conduct (having reason to believe such a result would occur), shall be subject to the same civil penalty under this section as such operator. (2) Criminal penalties \nWhenever an operator engages in conduct for which the operator is subject to a criminal penalty under subsection (d), any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out a policy or practice that results in such conduct (knowing that such a result would occur), shall be subject to the same penalty under paragraph (1), (2), or (3) of subsection (d) as such operator..",
"id": "H4405011E482E4BC8A05D881D3E7D4D78",
"header": "Civil and criminal liability of officers, directors, and agents"
},
{
"text": "303. Criminal penalties \n(a) In general \nSection 110(d) ( 30 U.S.C. 820(d) ) is amended to read as follows: (d) Criminal penalties \n(1) In general \nSubject to paragraph (2), any operator shall, upon conviction, be assessed a fine of not more than $250,000, imprisoned for not more than 1 year, or both, if such operator knowingly— (A) violates a mandatory health or safety standard; or (B) violates (or fails or refuses to comply with) any order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (2) Previous conviction \nAny operator who commits a violation under paragraph (1) after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury, serious illness, or death, shall, upon such subsequent conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. (3) Significant risk of serious injury, serious illness, or death \n(A) In general \nSubject to subparagraph (B), any operator shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, if such operator recklessly exposes a miner to a significant risk of serious injury, serious illness, or death, by knowingly— (i) tampering with or disabling a required safety device (except with express authorization from the Secretary); (ii) violating a mandatory health or safety standard; or (iii) violating (or failing or refusing to comply with) an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (B) Exception \nAny operator who commits a violation under subparagraph (A) after having been previously convicted of a violation under such subparagraph shall, upon such subsequent conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. (4) Interference with employment or livelihood \n(A) In general \nAny operator shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both, if such operator knowingly, and with any intent described in subparagraph (B), interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because such person, spouse, sibling, child, or parent provides information, in reasonable belief that such information is true and related to an apparent health or safety violation (or to an apparent unhealthy or unsafe condition, policy, or practice) under this Act, to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to any other law enforcement officer or official. (B) Intent \nThe intent required under subparagraph (A) is the intent to— (i) retaliate against a person, spouse, sibling, child, or parent described in such subparagraph; or (ii) prevent such person, spouse, sibling, child, or parent from providing the information as described in such subparagraph.. (b) Advance notice of inspections \n(1) In general \nSection 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: (e) Advance notice of inspections \n(1) In general \nSubject to paragraph (2), any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)) who knowingly, with the intent to give advance notice of an inspection conducted, or to be conducted, under this Act and thereby with the intent to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Offense by a miner \nAny miner (other than a director, officer, or agent of the operator involved) who commits the offense described in paragraph (1) at the direction of a superior shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, unless such miner commits a subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case such miner shall be fined for such subsequent offense under title 18, United States Code, imprisoned for not more than 5 years, or both.. (2) Posting of advance notice penalties \nSection 109 ( 30 U.S.C. 819 ) is amended by adding at the end the following: (e) Posting of advance notice penalties \nEach operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance to the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— (1) that it is unlawful under section 110(e) for any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)), with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and (2) the maximum penalties for a violation under section 110(e)..",
"id": "H4CB3F473DB694FCFB846C0B8D063D6B0",
"header": "Criminal penalties"
},
{
"text": "304. Commission review of penalty assessments \nSection 110(i) ( 30 U.S.C. 820(i) ) is amended by striking In assessing civil monetary penalties, the Commission shall consider and inserting the following: In any review of a citation and proposed penalty assessment contested by an operator, the Commission shall assess not less than the penalty derived by using the same methodology (including any point system) prescribed in regulations under this Act, so as to ensure consistency in operator penalty assessments, except that the Commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the Commission finds that there are extraordinary circumstances. If there is no such methodology prescribed for a citation or there are such extraordinary circumstances, the Commission shall assess the penalty by considering.",
"id": "H7965A710903E492787B3CB0706C11996",
"header": "Commission review of penalty assessments"
},
{
"text": "305. Delinquent payments and prejudgment interest \n(a) Pre-Final order interest \nSection 110(j) ( 30 U.S.C. 820(j) ) is amended by striking the second and third sentences and inserting the following: Pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this Act, including any mandatory health or safety standard or regulation promulgated under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per annum.. (b) Ensuring payment of penalties \n(1) Amendments \nSection 110 ( 30 U.S.C. 820 ) is further amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: (l) Ensuring payment of penalties \n(1) Delinquent payment letter \nIf the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court within 45 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan. (2) Withdrawal orders following failure to pay \nIf an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. If such operator enters into a payment plan with the Secretary and at any time fails to comply with the terms specified in such payment plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan.. (2) Applicability and effective date \nThe amendments made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), except that, for any unpaid civil penalty assessment that became a final order of the Commission or a court before the date of enactment of this Act, the time periods under section 110(l) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820(l) ), as so amended, shall be calculated as beginning on the date of enactment of this Act instead of on the date of the final order.",
"id": "H7F5C895BD7224011AF20C58CF2F3D77D",
"header": "Delinquent payments and prejudgment interest"
},
{
"text": "401. Protection from retaliation \nSection 105(c) ( 30 U.S.C. 815(c) ) is amended to read as follows: (c) Protection from retaliation \n(1) Retaliation prohibited \n(A) Retaliation for complaint or testimony \nNo person shall discharge, or in any manner discriminate against, cause to be discharged, cause discrimination against, or otherwise interfere with the exercise of the statutory rights of, any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator (including the spouse, sibling, child, or parent of such miner, employee, representative, or applicant, if such spouse, sibling, child, or parent is employed or applying for employment at a mine under the control of such operator)— (i) because such miner, employee, representative, or applicant— (I) has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying such operator or the operator’s agent, or the representative of the miners at such mine, of an alleged danger or safety or health violation in such mine; (II) has instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act; (III) has testified, or is about to testify, in any such proceeding or has testified, or is about to testify, before Congress or in any Federal or State proceeding related to safety or health in a coal or other mine; (IV) has exercised on behalf of any individual, including such miner, employee, representative, or applicant, any such statutory right; (V) has reported to such operator or agent any injury or illness; or (VI) has refused to violate any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act; (ii) because such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101; or (iii) where the discharge, discrimination, or other interference was based on a suspicion or belief that such miner, employee, representative, or applicant engaged in, or is about to engage in, any of the activities described in clause (i). (B) Retaliation for refusal to perform duties \n(i) In general \nNo person shall discharge or in any manner discriminate against a miner or other employee of an operator, or applicant for employment at a mine of such operator, for refusing to perform the duties of a miner, other employee, or applicant if such miner, other employee, or applicant has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to such miner, other employee, or applicant, or to any other miner or employee. (ii) Standard \nFor purposes of clause (i), the circumstances causing the miner’s, other employee’s, or applicant's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the miner, other employee, or applicant, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner, other employee, or applicant, when practicable, shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern. (2) Complaint \nAny miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) may file a complaint with the Secretary alleging such discrimination not later than 180 days after the later of— (A) the last date on which an alleged violation of paragraph (1) occurs; or (B) the date on which such miner, employee, representative, or applicant knows or should reasonably have known that such alleged violation occurred. (3) Investigation and hearing \n(A) Commencement of investigation and initial determination \nUpon receipt of a complaint under paragraph (2), the Secretary shall— (i) forward a copy of the complaint to the respondent; (ii) commence an investigation within 15 days of the Secretary’s receipt of the complaint; and (iii) as soon as practicable after commencing the investigation under clause (ii), make the determination required under subparagraph (B). (B) Reinstatement \nIf the Secretary finds that a complaint under paragraph (2) was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner, employee, or representative described in such paragraph until there has been a final Commission order disposing of the underlying complaint. If either the Secretary or such miner, employee, or representative pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor such miner, employee, or representative pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute. (C) Investigation \nSuch investigation shall include interviewing the complainant and— (i) providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and (ii) providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and to provide additional information or evidence, or to rebut any statements or evidence. (D) Action by the Secretary \nIf, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner, employee, representative, or applicant described in paragraph (2) alleging such discrimination or interference and propose an order granting appropriate relief. (E) Action of the Commission \nThe Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner, employee, representative, or applicant described in paragraph (2) may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph. (F) Relief \nThe Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the Commission considers appropriate, including— (i) the rehiring or reinstatement of the miner, employee, or representative described in paragraph (2) with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment; (ii) any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and (iii) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (4) Notice to and action of complainant \n(A) Notice to complainant \nNot later than 90 days after the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner, employee, representative, or applicant described in paragraph (2) of the determination of such Secretary on whether a violation has occurred. (B) Action of complainant \nIf the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1). (C) Hearing and decision \nThe Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(F). Such order shall become final 30 days after its issuance. (5) Burden of proof \nIn adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. A decision or order that is favorable to the complainant shall not be issued pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (6) Attorneys’ fees \nWhenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding. (7) Expedited proceedings; Judicial review \nProceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a)(4). (8) Procedural Rights \nThe rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (9) Savings \nNothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any individual who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement..",
"id": "H07E85D01AA854908B33C56E7E8FD5322",
"header": "Protection from retaliation"
},
{
"text": "402. Protection from loss of pay \nSection 111 ( 30 U.S.C. 821 ) is amended to read as follows: 111. Entitlement of miners \n(a) Protection from loss of pay \n(1) Withdrawal orders \n(A) Shifts at time of order \nIf a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts \nIf such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures \nIf a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order \n(A) In general \nIf the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception \nThe entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply \nWhenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement \n(1) Commission orders \nThe Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due \nConsistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review \nIf an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section)..",
"id": "HCDBD0EE2BEE1416C93B297415860E090",
"header": "Protection from loss of pay"
},
{
"text": "111. Entitlement of miners \n(a) Protection from loss of pay \n(1) Withdrawal orders \n(A) Shifts at time of order \nIf a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts \nIf such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures \nIf a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order \n(A) In general \nIf the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception \nThe entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply \nWhenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement \n(1) Commission orders \nThe Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due \nConsistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review \nIf an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section).",
"id": "H5ED1F0B49FCC4350918B05EC18041C8B",
"header": "Entitlement of miners"
},
{
"text": "403. Underground coal miner employment standard for mines with patterns of violations \nTitle I ( 30 U.S.C. 811 et seq. ) is further amended by adding at the end the following: 117. Underground coal miner employment standard for mines with patterns of violations \n(a) In general \nFor the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action \nA miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies \nFor a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited \nThe right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction \nNothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement..",
"id": "H0FEF3F13177540A284600513B31A446D",
"header": "Underground coal miner employment standard for mines with patterns of violations"
},
{
"text": "117. Underground coal miner employment standard for mines with patterns of violations \n(a) In general \nFor the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action \nA miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies \nFor a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited \nThe right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction \nNothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement.",
"id": "H78BFB4C95B6F47B398EA0CC44B84CBD4",
"header": "Underground coal miner employment standard for mines with patterns of violations"
},
{
"text": "501. Pre-shift review of mine conditions \nSection 303(d) ( 30 U.S.C. 863(d) ) is amended by adding at the end the following: (3) (A) Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (B), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner (prior to traveling to or arriving at the work area of such miner and commencing the assigned tasks of such miner) is orally briefed on and made aware of— (i) any conditions that are hazardous, or that violate a mandatory health or safety standard or a plan approved under this Act, where the miner is expected to work or travel; and (ii) the general conditions of that miner’s assigned working section or other area where the miner is expected to work or travel. (B) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate interim final rules implementing the requirements of subparagraph (A). (C) Not later than 2 years after the promulgation of the interim final rules under subparagraph (B), the Secretary shall issue a final rule implementing the requirements of subparagraph (A)..",
"id": "id2020A7236FCE4E75B6A512EF71046C28",
"header": "Pre-shift review of mine conditions"
},
{
"text": "502. Rock dust standards \n(a) Standards \nSection 304(d) ( 30 U.S.C. 864(d) ) is amended— (1) by striking Where rock and inserting the following: Rock dust.— (1) In general \nWhere rock ; (2) by striking 65 per centum and all that follows through the period and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. ; and (3) by adding at the end the following: (2) Methods of measurement \n(A) In general \nEach operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors \nIn order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , require operators to measure total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors. (C) Regulations \nThe Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and that includes requirements for locations, methods, and intervals for mandatory operator sampling. (D) Recommendations \nNot later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph (C) that may be warranted in light of such research. (3) Limitation \nUntil the Secretary promulgates a final rule under paragraph (4)(B), any measurement taken by a direct reading monitor described in paragraph (2)(B) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority \n(A) Report \nNot later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report— (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under this Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority \nIf the Secretary determines, following a report under subparagraph (A) (or an update to such report), that any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this Act, the Secretary shall, after the submission of such report or update, promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with, and enforcement of, such standards and authorizing the use of other methods for determining total incombustible content. Such final rule shall specify mandatory operator sampling locations, methods, and intervals.. (b) Rock dust recordkeeping \nSection 304 ( 30 U.S.C. 864 ) is further amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Rock dust recordkeeping \nThe operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine. ; and (3) in subsection (f), as so redesignated, by striking Subsections (b) through (d) and inserting Subsections (b) through (e).",
"id": "H196ECCE5937F42BDBE2FAF3E267F8E1D",
"header": "Rock dust standards"
},
{
"text": "503. Atmospheric monitoring systems \nSection 317 ( 30 U.S.C. 877 ) is amended by adding at the end the following: (u) Atmospheric monitoring systems \n(1) General regulations \nNot later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall, following consultation with the Director of the National Institute for Occupational Safety and Health, promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that— (A) protect miners where the miners normally work and travel; (B) assist in mine emergency response and the conduct of accident investigations; (C) provide real-time information regarding methane, oxygen, and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and (D) can, to the maximum extent practicable, withstand explosions and fires. (2) Additional regulations \nThe regulations promulgated under paragraph (1) shall, if determined appropriate after an evaluation by the Secretary, include— (A) the installation of atmospheric monitoring and recording devices for mining equipment; (B) the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations; and (C) the implementation of other technologies available to conduct continuous atmospheric monitoring..",
"id": "HF20D30A912A94515961F9EEA39455032",
"header": "Atmospheric monitoring systems"
},
{
"text": "504. Study on respirable dust standards \n(a) Study \nBeginning one month after the date of enactment of this Act, the Secretary of Labor shall undertake a retrospective study on the effectiveness of the final rule of the Department of Labor entitled Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors , published at 79 Fed. Reg. 24814 (May 1, 2014), and evaluate the data regarding the use of continuous personal dust monitors, to determine whether— (1) the 1.5 mg/m³ respirable dust standard that was included in such final rule should be further lowered to better protect the health of miners; (2) the frequency of sampling continuous personal dust monitors should be increased; (3) engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified; and (4) samples taken on shifts longer than 8 hours should be converted to an 8-hour equivalent concentration to protect miners who work longer shifts. (b) Report \n(1) Initial report \nUpon beginning the study under subsection (a), the Secretary of Labor shall transmit a copy of such study to Congress, notifying Congress that such study has commenced. (2) Annual reports \nFor each year after the commencement of the study under subsection (a) and until such study is completed, the Secretary of Labor shall transmit a report to Congress on the progress of such study. (3) Final report \nUpon completion of the study under subsection (a), the Secretary of Labor shall submit a final report of such study to Congress.",
"id": "H1DF2B3A44F16484FA8B69E15B16C5B33",
"header": "Study on respirable dust standards"
},
{
"text": "505. Refresher training on miners’ rights and responsibilities \n(a) In general \nSection 115(a)(3) ( 30 U.S.C. 825(a)(3) ) is amended to read as follows: (3) all miners shall receive no less than 9 hours of refresher training, no less frequently than once every 12 months. Such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this Act, and other applicable Federal and State law, and shall be through a program of instruction developed by the Secretary and delivered by an employee of the Administration (or a trainer approved by the Administration) that is a party independent from the operator;. (b) National hazard reporting hotline \nSection 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) Any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding the rights of such miners under this Act and a toll-free hotline telephone number, which the Secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions, discrimination, safety or health violations, or other mine safety or health concerns. Information regarding such hotline shall be provided in a portable, convenient format, such as a durable wallet card, to enable miners to keep such information on their person.. (c) Timing of initial statutory rights training \nNotwithstanding section 115 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 825 ) (as so amended) or the health and safety training program approved under such section, an operator shall ensure that all miners already employed by the operator on the date of enactment of this Act shall receive the one hour of statutory rights and responsibilities training described in section 115(a)(3) of such Act, not later than 180 days after such date.",
"id": "HB685D2F7BDC94CF98BC1F8F8DB0C02D5",
"header": "Refresher training on miners’ rights and responsibilities"
},
{
"text": "506. Authority to mandate additional training \n(a) In general \nSection 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (e) and (f) (as so redesignated) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as so redesignated) the following: (e) Authority To mandate additional training \n(1) In general \nThe Secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that— (A) (i) a serious or fatal accident has occurred at such mine; (ii) such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act, at a rate above the average for mines of similar size and type; or (iii) an operator has a history of failing to adequately train miners, as required by this Act or the regulations promulgated under this Act; and (B) additional training would benefit the health or safety of miners at the mine. (2) Withdrawal order \nIf the operator fails to provide training ordered under paragraph (1) within the specified time provided by the Secretary under such paragraph, the Secretary shall issue an order requiring such operator to cause all affected persons, except persons referred to in section 104(c), to be withdrawn, and to be prohibited from entering such mine, until such operator has provided such training.. (b) Conforming amendments \nSection 104(g)(2) ( 30 U.S.C. 814(g)(2) ) is amended by striking under paragraph (1) both places it appears and inserting under paragraph (1) or under section 115(e).",
"id": "HFCCE6A0BEDB84A6F95238FFE0ED4172A",
"header": "Authority to mandate additional training"
},
{
"text": "507. Brookwood-Sago Mine Safety Grants \nSection 14(e)(2) of the Mine Improvement and New Emergency Response Act of 2006 ( 30 U.S.C. 965(e)(2) ) is amended by inserting , and underground mine rescue training activities that simulate mine accident conditions before the period at the end.",
"id": "id7C819D4582A6469BACF3E4D45C646C50",
"header": "Brookwood-Sago Mine Safety Grants"
},
{
"text": "508. Certification of personnel \n(a) In general \nTitle I ( 30 U.S.C. 811 et seq. ), as so amended, is further amended by adding at the end the following: 118. Certification of personnel \n(a) Certification required \nAny person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures \n(1) In general \nNot later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall issue mandatory standards to establish— (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States \nIn developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification \n(1) Assessment and collection \nBeginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund certification programs that meet the standards established under this section. (2) Use \nAmounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations \nIn addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees \nFees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order \nAny operator who permits a person to perform any of the duties or provide any training described in subsection (a) without a current certification, registration, qualification, or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification, registration, qualification, or other approval.. (b) Conforming amendments \nSection 318 ( 30 U.S.C. 878 ) is amended— (1) by striking subsections (a) and (b); (2) in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (4) by redesignating subsections (c) through (l) as paragraphs (1) through (10), respectively.",
"id": "H55E62777996E47879B8FF68726D8B50F",
"header": "Certification of personnel"
},
{
"text": "118. Certification of personnel \n(a) Certification required \nAny person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures \n(1) In general \nNot later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall issue mandatory standards to establish— (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States \nIn developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification \n(1) Assessment and collection \nBeginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund certification programs that meet the standards established under this section. (2) Use \nAmounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations \nIn addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees \nFees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order \nAny operator who permits a person to perform any of the duties or provide any training described in subsection (a) without a current certification, registration, qualification, or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification, registration, qualification, or other approval.",
"id": "HBF6EC2E6E13E418BA1869FD360D27FAE",
"header": "Certification of personnel"
},
{
"text": "509. Electronic records requirement \nSection 103 ( 30 U.S.C. 802 ) is amended by adding at the end the following: (l) Electronic records \nNot later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate regulations requiring that mine operators retain records and data required by this Act, or otherwise required by the Secretary, that are created, stored, or transmitted in electronic form. Such records shall include records pertaining to miner safety and health, tracking and communications, atmospheric monitoring of methane, carbon monoxide, oxygen, coal dust and other mine conditions, equipment usage history and operating parameters, equipment calibration and maintenance, and other information relevant to compliance with Federal mine health or safety laws and regulations. Not later than 2 years after the date of enactment of such Act, the Secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain, store, and recover data created or transmitted in electronic form..",
"id": "H7AC8E41220F04C08BC4450AE712A16A7",
"header": "Electronic records requirement"
},
{
"text": "601. Definitions \n(a) Definition of operator \nSection 3(d) ( 30 U.S.C. 802(d) ) is amended to read as follows: (d) operator means— (1) any owner, lessee, or other person that— (A) operates or supervises a coal or other mine; or (B) controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or (2) any independent contractor performing services or construction at such mine;. (b) Definition of agent \nSection 3(e) ( 30 U.S.C. 802(e) ) is amended by striking the miners and inserting any miner. (c) Definition of imminent danger \nSection 3(j) ( 30 U.S.C. 802(j) ) is amended— (1) by striking means the and inserting means— (1) the ; (2) by striking the semicolon at the end and inserting ; or ; and (3) by adding at the end the following: (2) the existence of multiple conditions or practices (regardless of whether related to each other) that, when considered in the aggregate, could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated;. (d) Definition of miner \nSection 3(g) ( 30 U.S.C. 802(g) ) is amended by inserting after or other mine the following: , and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine, but for an accident in such mine. (e) Definition of significant and substantial violations \nSection 3 ( 30 U.S.C. 802 ), as so amended, is further amended— (1) in subsection (m), by striking and after the semicolon; (2) in subsection (n), by striking the period at the end and inserting a semicolon; (3) in subsection (o), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (p) significant and substantial violation means a violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section 104(d)..",
"id": "HD01D27CF650B46968328B68C7325CA13",
"header": "Definitions"
},
{
"text": "602. Assistance to States \nSection 503 ( 30 U.S.C. 953(a) ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking , in coordination with the Secretary of Health, Education, and Welfare and the Secretary of the Interior, ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118. ; and (2) in subsection (h), by striking $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year and inserting $20,000,000 for each fiscal year.",
"id": "H7D57AC4876B145C18025D6C2A7796BD8",
"header": "Assistance to States"
},
{
"text": "603. Double encumbrance; succession plan \n(a) Authorization \nNotwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b). (b) Succession Plan \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next 5 years to assure timely replacement of qualified employees critical to maintaining the agency’s mission. (2) Contents of plan \nThe succession plan developed under this subsection shall— (A) estimate employee turnover for each year; (B) set benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives; (C) utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists; (D) implement tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and (E) identify resources necessary to implement such plan. (3) Updates to plan \nThe succession plan under this subsection shall be updated biennially.",
"id": "HA9A470C01F1C42EA80EB159E3E1B375B",
"header": "Double encumbrance; succession plan"
},
{
"text": "701. Coverage of public employees \n(a) In general \nSection 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ) is amended by striking but does not include and all that follows through the period at the end and inserting including the United States, a State, or a political subdivision of a State.. (b) Construction \nNothing in this Act, or the amendments made by this Act, shall be construed to affect the application of section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ).",
"id": "H02BDFA1A88AC462E8AA609E95EAADE8A",
"header": "Coverage of public employees"
},
{
"text": "702. Enhanced protections from retaliation \n(a) Employee actions \nSection 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved. (b) Prohibition of retaliation \nSection 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (2) and inserting the following: (2) (A) No person shall discharge, or cause to be discharged, or in any manner discriminate against, or cause to be discriminated against, an employee for refusing to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the employee or other employees. (B) For purposes of subparagraph (A), the circumstances causing the employee’s good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern.. (c) Procedure \nSection 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (3) and inserting the following: (3) Complaint \nAny employee who believes that the employee has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) or (2) may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations \n(A) In general \nAn employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of paragraph (1) or (2) occurs; or (ii) the date on which the employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation \nWith respect to an alleged repeat violation, except in a case when the employee has been discharged, a violation of paragraph (1) or (2) shall be considered to have occurred on the last date the alleged repeat violation occurred. (5) Investigation \n(A) In general \nAn employee may, within the time period required under paragraph (4) , file a complaint with the Secretary alleging a violation of paragraph (1) or (2). If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision \nNot later than 90 days after the filing of the complaint, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of paragraph (1) or (2) has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation \nIf, after completion of an investigation under paragraph (5)(A) , the Secretary finds reasonable cause to believe that a violation of paragraph (1) or (2) has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i) , such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing \n(A) Request for hearing \n(i) In general \nA de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6) respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5) (A); or (III) by the complainant within 120 days after the date of filing the complaint, if the Secretary has not issued a decision under paragraph (5)( B). (ii) Reinstatement order \nThe request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). (B) Procedures \n(i) In general \nA hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence \nIn conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision \nThe administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of paragraph (1) or (2) has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal \n(A) In general \nNot later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7) , the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board ). (B) Standard of Review \nIn reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions \nIf the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process \n(A) In general \nAt any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations \nNeither the Secretary, an administrative law judge, or review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge \n(A) In general \nThe complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day period required under paragraph (7) (B)(iii); or (ii) the review board has not issued a decision and order within the 90-day period required under paragraph (8) (C). (B) De novo action \nSuch de novo action may be brought at law or equity in the United States district court for the district where a violation of paragraph (1) or (2) allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review \n(A) Timely Appeal to the court of appeals \nAny party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. (B) Limitation on collateral attack \nAn order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order \nIf a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof \n(A) Criteria for determination \nIn making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of paragraph (1) or (2) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) or (2) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition \nNotwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief \n(A) Order for relief \nIf the Secretary, administrative law judge, review board, or a court determines that a violation of paragraph (1) or (2) has occurred, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs \nIf the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the employee against the employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural Rights \nThe rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings \nNothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue \n(A) In general \nAn employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) ; or (ii) a State plan administrator in such State. (B) Referrals \nIf— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution.. (d) Relation to enforcement \nSection 17(j) of such Act ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under section 11(c).",
"id": "id1FD22E6AB2224D0EA0834D49D4106077",
"header": "Enhanced protections from retaliation"
},
{
"text": "703. Victims’ rights \nThe Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: 9A. Victims' rights \n(a) Rights before the Secretary \nA victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission \nUpon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation \nBefore entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures \nThe Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations \nThe Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons \nThe Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition \nIn this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section..",
"id": "H6D300F1B4E2841D89624E82E8EB3223D",
"header": "Victims’ rights"
},
{
"text": "9A. Victims' rights \n(a) Rights before the Secretary \nA victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission \nUpon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation \nBefore entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures \nThe Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations \nThe Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons \nThe Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition \nIn this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section.",
"id": "H77E47CE7805F446AAE66DA52D3997CFB",
"header": "Victims' rights"
},
{
"text": "704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay \nSection 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay \n(1) Period permitted for correction of serious, willful, or repeated violations \nFor each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest \nThe filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays \n(A) Motion for a stay \nAn employer may file with the Commission a motion to stay a period for the correction of a violation designated as serious, willful, or repeated. (B) Criteria \nIn determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission shall consider whether— (i) the employer has demonstrated a substantial likelihood of success on its contest to the citation; (ii) the employer will suffer irreparable harm absent a stay; and (iii) a stay will adversely affect the health or safety of workers. (C) Rules of Procedure \nThe Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following: (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. (iv) For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings..",
"id": "H7659F32F3B4045E8B92FAE66E729744D",
"header": "Correction of serious, willful, or repeated violations pending contest and procedures for a stay"
},
{
"text": "705. Conforming amendments \nSection 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(d) ) is amended to read as follows: (d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues..",
"id": "ID71b2934a59234c819044bd21e430bd49",
"header": "Conforming amendments"
},
{
"text": "706. Civil penalties \n(a) In General \nSection 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended— (1) in subsection (a)— (A) by striking $70,000 and inserting $120,000 ; (B) by striking $5,000 and inserting $8,000 ; and (C) by adding at the end the following: In determining whether a violation is repeated, the Secretary shall consider the employer's history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. ; (2) in subsection (b)— (A) by striking $7,000 and inserting $12,000 ; and (B) by adding at the end the following: If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. ; (3) in subsection (c), by striking $7,000 and inserting $12,000 ; (4) in subsection (d), as amended by section 705, by striking $7,000 each place it occurs and inserting $12,000 ; (5) by redesignating subsections (e) through (l) as subsections (f) through (m), respectively; and (6) in subsection (j) (as redesignated by paragraph (5)), by striking $7,000 and inserting $12,000;. (b) Inflation Adjustment \nSection 17 of such Act is further amended by inserting after subsection (d) the following: (e) Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1 after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period..",
"id": "H85994872199141A69A9E2CD95CC8E8F9",
"header": "Civil penalties"
},
{
"text": "707. Criminal penalties \n(a) In General \nSection 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) (as amended by sections 705 and 706) is further amended— (1) by amending subsection (f), as so redesignated, to read as follows: (f) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (i), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 20 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. ; (2) in subsection (g), as so redesignated, by striking fine of not more than $1,000 or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 2 years, ; (3) in subsection (h), as so redesignated, by striking fine of not more than $10,000, or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, ; (4) by redesignating subsections (j) through (m), as so redesignated, as subsections (k) through (n), respectively; and (5) by inserting after subsection (i) the following: (j) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation causes or contributes to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. (3) For purposes of this subsection, the term serious bodily harm means bodily injury or illness that involves— (A) a substantial risk of death; (B) protracted unconsciousness; (C) protracted and obvious physical disfigurement; or (D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty.. (b) Jurisdiction for Prosecution Under State and Local Criminal Laws \nSection 17 of such Act ( 29 U.S.C. 666 ) (as amended by this Act) is further amended by adding at the end the following: (o) Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality..",
"id": "H9DED76A8BD874D65A17C76F0877EB1CB",
"header": "Criminal penalties"
},
{
"text": "708. Penalties \nSubsection (n) of section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as redesignated by sections 706 and 707, is amended by adding at the end the following: Pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per year..",
"id": "idA5D7C963497E45868D21453F2DCA84A4",
"header": "Penalties"
},
{
"text": "709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health \nSection 22(h)(3) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 671(h)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions; and.",
"id": "H39FF205B82394650BF01099509028DE1",
"header": "Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health"
},
{
"text": "710. Effective date \n(a) General Rule \nExcept as provided for in subsection (b), this title and the amendments made by this title shall take effect not later than 90 days after the date of the enactment of this Act. (b) Exception for States and political subdivisions \nThe following are exceptions to the effective date described in subsection (a): (1) A State that has a State plan approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ) shall amend its State plan to conform with the requirements of this title, and the amendments made by this title, not later than 12 months after the date of the enactment of this Act. The Secretary of Labor may extend the period for a State to make such amendments to its State plan by not more than 12 months, if the State’s legislature is not in session during the 12-month period beginning with the date of the enactment of this Act. Such amendments to the State plan shall take effect not later than 90 days after the adoption of such amendments by such State. (2) This title and the amendments made by this title shall take effect not later than 36 months after the date of the enactment of this Act with respect to a workplace of a State, or a political subdivision of a State, that does not have a State plan approved under such section 18 ( 29 U.S.C. 667 ).",
"id": "H08E025E8F78A4F7D9FA6B5AE82D7A46D",
"header": "Effective date"
}
] | 46 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Robert C. Byrd Mine Safety Protection 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. References. TITLE I—Additional inspection and investigation authority Sec. 101. Independent accident investigations. Sec. 102. Subpoena authority and miner rights during inspections and investigations. Sec. 103. Designation of miner representative. Sec. 104. Additional amendments relating to inspections and investigations. TITLE II—Enhanced enforcement authority Sec. 201. Technical amendment. Sec. 202. Procedures and criteria for determining a pattern of violations. Sec. 203. Injunctive authority. Sec. 204. Revocation of approval of plans. Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan. Sec. 206. GAO study on MSHA underground mine plan approval. TITLE III—Penalties Sec. 301. Civil penalties. Sec. 302. Civil and criminal liability of officers, directors, and agents. Sec. 303. Criminal penalties. Sec. 304. Commission review of penalty assessments. Sec. 305. Delinquent payments and prejudgment interest. TITLE IV—Miners’ rights and protections Sec. 401. Protection from retaliation. Sec. 402. Protection from loss of pay. Sec. 403. Underground coal miner employment standard for mines with patterns of violations. TITLE V—Modernizing health and safety standards Sec. 501. Pre-shift review of mine conditions. Sec. 502. Rock dust standards. Sec. 503. Atmospheric monitoring systems. Sec. 504. Study on respirable dust standards. Sec. 505. Refresher training on miners’ rights and responsibilities. Sec. 506. Authority to mandate additional training. Sec. 507. Brookwood-Sago Mine Safety Grants. Sec. 508. Certification of personnel. Sec. 509. Electronic records requirement. TITLE VI—Additional mine safety provisions Sec. 601. Definitions. Sec. 602. Assistance to States. Sec. 603. Double encumbrance; succession plan. TITLE VII—Amendments to the Occupational Safety and Health Act of 1970 Sec. 701. Coverage of public employees. Sec. 702. Enhanced protections from retaliation. Sec. 703. Victims’ rights. Sec. 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 705. Conforming amendments. Sec. 706. Civil penalties. Sec. 707. Criminal penalties. Sec. 708. Penalties. Sec. 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health. Sec. 710. Effective date. 2. References
Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ). 101. Independent accident investigations
(a) In general
Section 103(b) ( 30 U.S.C. 813(b) ) is amended— (1) by striking (b) For the purpose and inserting the following: (b) Accident investigations
(1) In general
For all accident investigations under this Act, the Secretary shall— (A) determine why the accident occurred; (B) determine whether there were violations of law, mandatory health or safety standards, or other requirements, and if there is evidence of conduct that may constitute a violation of Federal criminal law, the Secretary may refer such evidence to the Attorney General; and (C) make recommendations to avoid any recurrence. (2) Independent accident investigations
(A) In general
There shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel ) appointed under subparagraph (B) for— (i) any accident involving 3 or more deaths; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment
(i) In general
As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson
The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH ). (iii) Conflicts of interest
Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary of Health and Human Services. (iv) Composition
The Secretary of Health and Human Services— (I) shall appoint as members of the Panel— (aa) 1 operator of a mine or individual representing mine operators; and (bb) 1 representative of a labor organization that represents miners; and (II) may not appoint more than 1 of either type of individuals described in items (aa) and (bb) as members of the Panel. (v) Staff and expenses
The Director of NIOSH (referred to in this subsection as the Director ) shall designate NIOSH staff to facilitate the work of the Panel. The Director may accept as staff personnel on detail from other Federal agencies or reemploy annuitants. The detail of personnel under this paragraph may be on a non-reimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege. The Director shall have the authority to procure on behalf of the Panel such materials, supplies or services, including technical experts, as requested in writing by a majority of the Panel. (vi) Compensation and travel
All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (C) Duties
The Panel shall— (i) assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; (ii) identify and evaluate any contributing actions or inactions of— (I) the operator; (II) any contractors or other persons engaged in mining-related functions at the site; (III) any State agency with oversight responsibilities; (IV) any agency or office within the Department of Labor; (V) the Federal Mine Safety and Health Review Commission; or (VI) any other person or entity (including equipment manufacturers); (iii) review the determinations and recommendations of the Secretary under paragraph (1); (iv) prepare a report that— (I) includes the findings regarding the causal factors described in clauses (i) and (ii); (II) identifies any strengths and weaknesses in the Secretary’s investigation; and (III) includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which, in the judgment of the Panel, would prevent a recurrence at other mines; and (v) publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. (D) Hearings; applicability of certain Federal law
The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of understanding
Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publicly issue a memorandum of understanding that— (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that such Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided under this section to such Secretary relating to obtaining information and witnesses, which may be requested by the Panel; and (iii) establishes such other arrangements as are necessary to implement this paragraph. (F) Procedures
Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall establish procedures to ensure the consistency and effectiveness of Panel investigations. In establishing such procedures, such Secretary shall consult with independent safety investigation agencies, sectors of the mining industry, representatives of miners, families of miners involved in fatal accidents, State mine safety agencies, and mine rescue organizations. Such procedures shall include— (i) authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; (ii) provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and (iii) provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. (G) Subpoenas; witnesses; contempt
(i) Subpoena authority
For the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director shall at the request of a majority of the Panel, or upon the initiative of such Director, sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (ii) Additional investigative authority
In carrying out inspections and investigations under this paragraph, the staff of the Director or Panel and attorneys representing the Director or Panel are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel’s staff or their attorneys, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (3) Powers and processes
For the purpose ; and (2) by striking give testimony before the Secretary or to appear and produce documents before the Secretary and inserting give testimony before the Secretary (or, in the case of a subpoena under paragraph (2)(G), the Director or Panel) and produce documents before the Secretary (or, in such case, the Director or Panel). (b) Reporting requirements
Section 511(a) ( 30 U.S.C. 958(a) ) is amended by inserting after 501, the following: the status of implementation of recommendations from each independent investigation panel under section 103(b)(2) received in the preceding 5 years,. 102. Subpoena authority and miner rights during inspections and investigations
Section 103(b) ( 30 U.S.C. 813(b) ), as so amended, is further amended by adding at the end the following: (4) Additional powers
In carrying out inspections and investigations under this subsection, authorized representatives of the Secretary and attorneys representing the Secretary are authorized to question any individual privately. Under this section, any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the Secretary may do so without the presence, involvement, or knowledge of the operator or the operator’s agents or attorneys. The Secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (5) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection such sums as may be necessary.. 103. Designation of miner representative
Section 103(f) ( 30 U.S.C. 813(f) ) is amended by inserting before the last sentence the following: If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents, and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration.. 104. Additional amendments relating to inspections and investigations
(a) Hours of inspections
Section 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts.. (b) Review of pattern of violations
Section 103(a) ( 30 U.S.C. 813(a) ), as so amended, is further amended by inserting before the last sentence the following: Upon request by an operator or authorized representative of such operator, during the course of the inspections required to carry out the requirements of clauses (3) and (4) or (at the discretion of the Secretary) during the pre-inspection conference, the Secretary shall review with the appropriate mine officials the Secretary’s most recent determination regarding whether such operator has a pattern of violations under section 104(e) for the applicable coal or other mine.. (c) Injury and illness reporting
Section 103(d) ( 30 U.S.C. 813(d) ) is amended by striking the last sentence and inserting the following: The records to be kept and made available by the operator of the mine shall include man-hours worked, and occupational injuries and illnesses, of the miners employed by, or under the direction or authority of, such operator, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but not less than annually. Independent contractors (within the meaning of section 3(d)) shall be responsible for reporting accidents, occupational injuries and illnesses, and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority. Such independent contractors shall so report at a frequency determined by the Secretary, but not less than annually. Reports or records of operators required and submitted to the Secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification, registration, qualification, or other approval under section 118. Knowingly falsifying such reports or records shall be grounds for revoking such certification, registration, qualification, or other approval under the standards established under subsection (b)(1) of such section.. (d) Orders following an accident
Section 103(k) ( 30 U.S.C. 813(k) ) is amended by striking , when present,. (e) Conflict of interest in the representation of miners
Section 103(a) ( 30 U.S.C. 813(a) ), as amended by this section, is further amended by adding at the end the following: During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States district court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action.. 201. Technical amendment
Section 104(d)(1) ( 30 U.S.C. 814(d)(1) ) is amended— (1) in the first sentence— (A) by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act ; and (B) by striking such mandatory health or safety standards and inserting such provisions, regulations, or mandatory health or safety standards ; and (2) in the second sentence, by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act,. 202. Procedures and criteria for determining a pattern of violations
Section 104(e)(4) is amended to read as follows: (4) The criteria for determining when a pattern of violations of mandatory health or safety standards exists, and the requirements for the issuance and termination of notice of a pattern of violations, shall be the criteria and requirements in the regulations promulgated by the Secretary under part 104 of chapter I of title 30, Code of Federal Regulations, as published on January 23, 2013.. 203. Injunctive authority
Section 108(a)(2) ( 30 U.S.C. 818(a)(2) ) is amended by striking a pattern of violation of and all that follows through the period and inserting a course of conduct that in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners, including violations of this Act or of mandatory health or safety standards or regulations under this Act.. 204. Revocation of approval of plans
Section 105 ( 30 U.S.C. 815 ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) in subsection (a), by striking subsection (d) and inserting subsection (e) ; and (3) by inserting after subsection (c) the following: (d) Revocation of approval of programs or plans
(1) Revocation
If the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that circumstances that existed when such program or plan was approved have materially changed and that continued operation of such mine or an area of such mine under such program or plan constitutes a hazard to the safety or health of miners, the Secretary shall revoke the approval of such program or plan. (2) Withdrawal orders
Upon revocation of the approval of a program or plan under paragraph (1), the Secretary may immediately issue an order requiring the operator to cause all persons, except those persons referred to in section 104(c), to be withdrawn from such mine or an area of such mine, and to be prohibited from entering such mine or such area, until the operator has submitted and the Secretary has approved a new plan.. 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan
Section 105(e) ( 30 U.S.C. 815(e) ), as so redesignated by section 204(1), is amended by adding at the end the following: In any proceeding in which a party challenges the Secretary’s decision whether to approve, modify, or revoke a coal or other mine program or plan under this Act, the Commission shall affirm the Secretary’s decision unless the challenging party establishes that such decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.. 206. GAO study on MSHA underground mine plan approval
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a report to Congress on the timeliness of approval by the Mine Safety and Health Administration of plans, and amendments to such plans, for underground coal mines under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), including— (1) factors that contribute to any delays in the approval of such plans; and (2) as appropriate, recommendations for improving timeliness of plan review and for achieving prompt decisions regarding such approval. 301. Civil penalties
(a) Targeted penalties
Section 110(b) ( 30 U.S.C. 820(b) ) is amended by adding at the end the following: (3) Any person may be assessed a civil penalty of not more than $220,000 for— (A) any change to a ventilation system or ventilation control in a coal or other mine, where such ventilation system or control is required by a ventilation plan, safety standard, or order, and such change is made without prior approval of the Secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order; (B) a violation of a mandatory health or safety standard requiring rock dusting in a coal mine; (C) a violation of the prohibition under section 103 on providing advance notice of an inspection; or (D) a violation of a mandatory health or safety standard requiring examinations of work areas in an underground coal mine.. (b) Increased civil penalties for patterns of violations
Section 110(b) ( 30 U.S.C. 820(b) ), as so amended, is further amended by adding at the end the following: (4) Notwithstanding any other provision of this Act, an operator of a coal or other mine that has established a pattern of violations under section 104(e) shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act.. (c) Civil penalty for retaliation
Section 110(a) ( 30 U.S.C. 820(a) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period.. (d) Technical amendment
Section 110(a)(1) ( 30 U.S.C. 820(a)(1) ) is amended by inserting including any regulation promulgated under this Act, after this Act,. 302. Civil and criminal liability of officers, directors, and agents
Section 110(c) ( 30 U.S.C. 820(c) ) is amended to read as follows: (c) Civil and criminal liability of officers, directors, and agents
(1) Civil penalties
Whenever an operator engages in conduct for which the operator is subject to a civil penalty under this section, any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out any policy or practice that results in such conduct (having reason to believe such a result would occur), shall be subject to the same civil penalty under this section as such operator. (2) Criminal penalties
Whenever an operator engages in conduct for which the operator is subject to a criminal penalty under subsection (d), any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out a policy or practice that results in such conduct (knowing that such a result would occur), shall be subject to the same penalty under paragraph (1), (2), or (3) of subsection (d) as such operator.. 303. Criminal penalties
(a) In general
Section 110(d) ( 30 U.S.C. 820(d) ) is amended to read as follows: (d) Criminal penalties
(1) In general
Subject to paragraph (2), any operator shall, upon conviction, be assessed a fine of not more than $250,000, imprisoned for not more than 1 year, or both, if such operator knowingly— (A) violates a mandatory health or safety standard; or (B) violates (or fails or refuses to comply with) any order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (2) Previous conviction
Any operator who commits a violation under paragraph (1) after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury, serious illness, or death, shall, upon such subsequent conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. (3) Significant risk of serious injury, serious illness, or death
(A) In general
Subject to subparagraph (B), any operator shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, if such operator recklessly exposes a miner to a significant risk of serious injury, serious illness, or death, by knowingly— (i) tampering with or disabling a required safety device (except with express authorization from the Secretary); (ii) violating a mandatory health or safety standard; or (iii) violating (or failing or refusing to comply with) an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (B) Exception
Any operator who commits a violation under subparagraph (A) after having been previously convicted of a violation under such subparagraph shall, upon such subsequent conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. (4) Interference with employment or livelihood
(A) In general
Any operator shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both, if such operator knowingly, and with any intent described in subparagraph (B), interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because such person, spouse, sibling, child, or parent provides information, in reasonable belief that such information is true and related to an apparent health or safety violation (or to an apparent unhealthy or unsafe condition, policy, or practice) under this Act, to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to any other law enforcement officer or official. (B) Intent
The intent required under subparagraph (A) is the intent to— (i) retaliate against a person, spouse, sibling, child, or parent described in such subparagraph; or (ii) prevent such person, spouse, sibling, child, or parent from providing the information as described in such subparagraph.. (b) Advance notice of inspections
(1) In general
Section 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: (e) Advance notice of inspections
(1) In general
Subject to paragraph (2), any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)) who knowingly, with the intent to give advance notice of an inspection conducted, or to be conducted, under this Act and thereby with the intent to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Offense by a miner
Any miner (other than a director, officer, or agent of the operator involved) who commits the offense described in paragraph (1) at the direction of a superior shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, unless such miner commits a subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case such miner shall be fined for such subsequent offense under title 18, United States Code, imprisoned for not more than 5 years, or both.. (2) Posting of advance notice penalties
Section 109 ( 30 U.S.C. 819 ) is amended by adding at the end the following: (e) Posting of advance notice penalties
Each operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance to the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— (1) that it is unlawful under section 110(e) for any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)), with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and (2) the maximum penalties for a violation under section 110(e).. 304. Commission review of penalty assessments
Section 110(i) ( 30 U.S.C. 820(i) ) is amended by striking In assessing civil monetary penalties, the Commission shall consider and inserting the following: In any review of a citation and proposed penalty assessment contested by an operator, the Commission shall assess not less than the penalty derived by using the same methodology (including any point system) prescribed in regulations under this Act, so as to ensure consistency in operator penalty assessments, except that the Commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the Commission finds that there are extraordinary circumstances. If there is no such methodology prescribed for a citation or there are such extraordinary circumstances, the Commission shall assess the penalty by considering. 305. Delinquent payments and prejudgment interest
(a) Pre-Final order interest
Section 110(j) ( 30 U.S.C. 820(j) ) is amended by striking the second and third sentences and inserting the following: Pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this Act, including any mandatory health or safety standard or regulation promulgated under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per annum.. (b) Ensuring payment of penalties
(1) Amendments
Section 110 ( 30 U.S.C. 820 ) is further amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: (l) Ensuring payment of penalties
(1) Delinquent payment letter
If the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court within 45 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan. (2) Withdrawal orders following failure to pay
If an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. If such operator enters into a payment plan with the Secretary and at any time fails to comply with the terms specified in such payment plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan.. (2) Applicability and effective date
The amendments made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), except that, for any unpaid civil penalty assessment that became a final order of the Commission or a court before the date of enactment of this Act, the time periods under section 110(l) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820(l) ), as so amended, shall be calculated as beginning on the date of enactment of this Act instead of on the date of the final order. 401. Protection from retaliation
Section 105(c) ( 30 U.S.C. 815(c) ) is amended to read as follows: (c) Protection from retaliation
(1) Retaliation prohibited
(A) Retaliation for complaint or testimony
No person shall discharge, or in any manner discriminate against, cause to be discharged, cause discrimination against, or otherwise interfere with the exercise of the statutory rights of, any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator (including the spouse, sibling, child, or parent of such miner, employee, representative, or applicant, if such spouse, sibling, child, or parent is employed or applying for employment at a mine under the control of such operator)— (i) because such miner, employee, representative, or applicant— (I) has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying such operator or the operator’s agent, or the representative of the miners at such mine, of an alleged danger or safety or health violation in such mine; (II) has instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act; (III) has testified, or is about to testify, in any such proceeding or has testified, or is about to testify, before Congress or in any Federal or State proceeding related to safety or health in a coal or other mine; (IV) has exercised on behalf of any individual, including such miner, employee, representative, or applicant, any such statutory right; (V) has reported to such operator or agent any injury or illness; or (VI) has refused to violate any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act; (ii) because such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101; or (iii) where the discharge, discrimination, or other interference was based on a suspicion or belief that such miner, employee, representative, or applicant engaged in, or is about to engage in, any of the activities described in clause (i). (B) Retaliation for refusal to perform duties
(i) In general
No person shall discharge or in any manner discriminate against a miner or other employee of an operator, or applicant for employment at a mine of such operator, for refusing to perform the duties of a miner, other employee, or applicant if such miner, other employee, or applicant has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to such miner, other employee, or applicant, or to any other miner or employee. (ii) Standard
For purposes of clause (i), the circumstances causing the miner’s, other employee’s, or applicant's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the miner, other employee, or applicant, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner, other employee, or applicant, when practicable, shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern. (2) Complaint
Any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) may file a complaint with the Secretary alleging such discrimination not later than 180 days after the later of— (A) the last date on which an alleged violation of paragraph (1) occurs; or (B) the date on which such miner, employee, representative, or applicant knows or should reasonably have known that such alleged violation occurred. (3) Investigation and hearing
(A) Commencement of investigation and initial determination
Upon receipt of a complaint under paragraph (2), the Secretary shall— (i) forward a copy of the complaint to the respondent; (ii) commence an investigation within 15 days of the Secretary’s receipt of the complaint; and (iii) as soon as practicable after commencing the investigation under clause (ii), make the determination required under subparagraph (B). (B) Reinstatement
If the Secretary finds that a complaint under paragraph (2) was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner, employee, or representative described in such paragraph until there has been a final Commission order disposing of the underlying complaint. If either the Secretary or such miner, employee, or representative pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor such miner, employee, or representative pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute. (C) Investigation
Such investigation shall include interviewing the complainant and— (i) providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and (ii) providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and to provide additional information or evidence, or to rebut any statements or evidence. (D) Action by the Secretary
If, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner, employee, representative, or applicant described in paragraph (2) alleging such discrimination or interference and propose an order granting appropriate relief. (E) Action of the Commission
The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner, employee, representative, or applicant described in paragraph (2) may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph. (F) Relief
The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the Commission considers appropriate, including— (i) the rehiring or reinstatement of the miner, employee, or representative described in paragraph (2) with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment; (ii) any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and (iii) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (4) Notice to and action of complainant
(A) Notice to complainant
Not later than 90 days after the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner, employee, representative, or applicant described in paragraph (2) of the determination of such Secretary on whether a violation has occurred. (B) Action of complainant
If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1). (C) Hearing and decision
The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(F). Such order shall become final 30 days after its issuance. (5) Burden of proof
In adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. A decision or order that is favorable to the complainant shall not be issued pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (6) Attorneys’ fees
Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding. (7) Expedited proceedings; Judicial review
Proceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a)(4). (8) Procedural Rights
The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (9) Savings
Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any individual who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement.. 402. Protection from loss of pay
Section 111 ( 30 U.S.C. 821 ) is amended to read as follows: 111. Entitlement of miners
(a) Protection from loss of pay
(1) Withdrawal orders
(A) Shifts at time of order
If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts
If such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures
If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order
(A) In general
If the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception
The entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply
Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement
(1) Commission orders
The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due
Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review
If an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section).. 111. Entitlement of miners
(a) Protection from loss of pay
(1) Withdrawal orders
(A) Shifts at time of order
If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts
If such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures
If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order
(A) In general
If the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception
The entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply
Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement
(1) Commission orders
The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due
Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review
If an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section). 403. Underground coal miner employment standard for mines with patterns of violations
Title I ( 30 U.S.C. 811 et seq. ) is further amended by adding at the end the following: 117. Underground coal miner employment standard for mines with patterns of violations
(a) In general
For the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action
A miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies
For a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited
The right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction
Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement.. 117. Underground coal miner employment standard for mines with patterns of violations
(a) In general
For the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action
A miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies
For a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited
The right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction
Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement. 501. Pre-shift review of mine conditions
Section 303(d) ( 30 U.S.C. 863(d) ) is amended by adding at the end the following: (3) (A) Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (B), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner (prior to traveling to or arriving at the work area of such miner and commencing the assigned tasks of such miner) is orally briefed on and made aware of— (i) any conditions that are hazardous, or that violate a mandatory health or safety standard or a plan approved under this Act, where the miner is expected to work or travel; and (ii) the general conditions of that miner’s assigned working section or other area where the miner is expected to work or travel. (B) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate interim final rules implementing the requirements of subparagraph (A). (C) Not later than 2 years after the promulgation of the interim final rules under subparagraph (B), the Secretary shall issue a final rule implementing the requirements of subparagraph (A).. 502. Rock dust standards
(a) Standards
Section 304(d) ( 30 U.S.C. 864(d) ) is amended— (1) by striking Where rock and inserting the following: Rock dust.— (1) In general
Where rock ; (2) by striking 65 per centum and all that follows through the period and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. ; and (3) by adding at the end the following: (2) Methods of measurement
(A) In general
Each operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors
In order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , require operators to measure total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors. (C) Regulations
The Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and that includes requirements for locations, methods, and intervals for mandatory operator sampling. (D) Recommendations
Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph (C) that may be warranted in light of such research. (3) Limitation
Until the Secretary promulgates a final rule under paragraph (4)(B), any measurement taken by a direct reading monitor described in paragraph (2)(B) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority
(A) Report
Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report— (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under this Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority
If the Secretary determines, following a report under subparagraph (A) (or an update to such report), that any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this Act, the Secretary shall, after the submission of such report or update, promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with, and enforcement of, such standards and authorizing the use of other methods for determining total incombustible content. Such final rule shall specify mandatory operator sampling locations, methods, and intervals.. (b) Rock dust recordkeeping
Section 304 ( 30 U.S.C. 864 ) is further amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Rock dust recordkeeping
The operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine. ; and (3) in subsection (f), as so redesignated, by striking Subsections (b) through (d) and inserting Subsections (b) through (e). 503. Atmospheric monitoring systems
Section 317 ( 30 U.S.C. 877 ) is amended by adding at the end the following: (u) Atmospheric monitoring systems
(1) General regulations
Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall, following consultation with the Director of the National Institute for Occupational Safety and Health, promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that— (A) protect miners where the miners normally work and travel; (B) assist in mine emergency response and the conduct of accident investigations; (C) provide real-time information regarding methane, oxygen, and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and (D) can, to the maximum extent practicable, withstand explosions and fires. (2) Additional regulations
The regulations promulgated under paragraph (1) shall, if determined appropriate after an evaluation by the Secretary, include— (A) the installation of atmospheric monitoring and recording devices for mining equipment; (B) the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations; and (C) the implementation of other technologies available to conduct continuous atmospheric monitoring.. 504. Study on respirable dust standards
(a) Study
Beginning one month after the date of enactment of this Act, the Secretary of Labor shall undertake a retrospective study on the effectiveness of the final rule of the Department of Labor entitled Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors , published at 79 Fed. Reg. 24814 (May 1, 2014), and evaluate the data regarding the use of continuous personal dust monitors, to determine whether— (1) the 1.5 mg/m³ respirable dust standard that was included in such final rule should be further lowered to better protect the health of miners; (2) the frequency of sampling continuous personal dust monitors should be increased; (3) engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified; and (4) samples taken on shifts longer than 8 hours should be converted to an 8-hour equivalent concentration to protect miners who work longer shifts. (b) Report
(1) Initial report
Upon beginning the study under subsection (a), the Secretary of Labor shall transmit a copy of such study to Congress, notifying Congress that such study has commenced. (2) Annual reports
For each year after the commencement of the study under subsection (a) and until such study is completed, the Secretary of Labor shall transmit a report to Congress on the progress of such study. (3) Final report
Upon completion of the study under subsection (a), the Secretary of Labor shall submit a final report of such study to Congress. 505. Refresher training on miners’ rights and responsibilities
(a) In general
Section 115(a)(3) ( 30 U.S.C. 825(a)(3) ) is amended to read as follows: (3) all miners shall receive no less than 9 hours of refresher training, no less frequently than once every 12 months. Such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this Act, and other applicable Federal and State law, and shall be through a program of instruction developed by the Secretary and delivered by an employee of the Administration (or a trainer approved by the Administration) that is a party independent from the operator;. (b) National hazard reporting hotline
Section 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) Any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding the rights of such miners under this Act and a toll-free hotline telephone number, which the Secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions, discrimination, safety or health violations, or other mine safety or health concerns. Information regarding such hotline shall be provided in a portable, convenient format, such as a durable wallet card, to enable miners to keep such information on their person.. (c) Timing of initial statutory rights training
Notwithstanding section 115 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 825 ) (as so amended) or the health and safety training program approved under such section, an operator shall ensure that all miners already employed by the operator on the date of enactment of this Act shall receive the one hour of statutory rights and responsibilities training described in section 115(a)(3) of such Act, not later than 180 days after such date. 506. Authority to mandate additional training
(a) In general
Section 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (e) and (f) (as so redesignated) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as so redesignated) the following: (e) Authority To mandate additional training
(1) In general
The Secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that— (A) (i) a serious or fatal accident has occurred at such mine; (ii) such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act, at a rate above the average for mines of similar size and type; or (iii) an operator has a history of failing to adequately train miners, as required by this Act or the regulations promulgated under this Act; and (B) additional training would benefit the health or safety of miners at the mine. (2) Withdrawal order
If the operator fails to provide training ordered under paragraph (1) within the specified time provided by the Secretary under such paragraph, the Secretary shall issue an order requiring such operator to cause all affected persons, except persons referred to in section 104(c), to be withdrawn, and to be prohibited from entering such mine, until such operator has provided such training.. (b) Conforming amendments
Section 104(g)(2) ( 30 U.S.C. 814(g)(2) ) is amended by striking under paragraph (1) both places it appears and inserting under paragraph (1) or under section 115(e). 507. Brookwood-Sago Mine Safety Grants
Section 14(e)(2) of the Mine Improvement and New Emergency Response Act of 2006 ( 30 U.S.C. 965(e)(2) ) is amended by inserting , and underground mine rescue training activities that simulate mine accident conditions before the period at the end. 508. Certification of personnel
(a) In general
Title I ( 30 U.S.C. 811 et seq. ), as so amended, is further amended by adding at the end the following: 118. Certification of personnel
(a) Certification required
Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures
(1) In general
Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall issue mandatory standards to establish— (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States
In developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification
(1) Assessment and collection
Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund certification programs that meet the standards established under this section. (2) Use
Amounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations
In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees
Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order
Any operator who permits a person to perform any of the duties or provide any training described in subsection (a) without a current certification, registration, qualification, or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification, registration, qualification, or other approval.. (b) Conforming amendments
Section 318 ( 30 U.S.C. 878 ) is amended— (1) by striking subsections (a) and (b); (2) in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (4) by redesignating subsections (c) through (l) as paragraphs (1) through (10), respectively. 118. Certification of personnel
(a) Certification required
Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures
(1) In general
Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall issue mandatory standards to establish— (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States
In developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification
(1) Assessment and collection
Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund certification programs that meet the standards established under this section. (2) Use
Amounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations
In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees
Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order
Any operator who permits a person to perform any of the duties or provide any training described in subsection (a) without a current certification, registration, qualification, or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification, registration, qualification, or other approval. 509. Electronic records requirement
Section 103 ( 30 U.S.C. 802 ) is amended by adding at the end the following: (l) Electronic records
Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate regulations requiring that mine operators retain records and data required by this Act, or otherwise required by the Secretary, that are created, stored, or transmitted in electronic form. Such records shall include records pertaining to miner safety and health, tracking and communications, atmospheric monitoring of methane, carbon monoxide, oxygen, coal dust and other mine conditions, equipment usage history and operating parameters, equipment calibration and maintenance, and other information relevant to compliance with Federal mine health or safety laws and regulations. Not later than 2 years after the date of enactment of such Act, the Secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain, store, and recover data created or transmitted in electronic form.. 601. Definitions
(a) Definition of operator
Section 3(d) ( 30 U.S.C. 802(d) ) is amended to read as follows: (d) operator means— (1) any owner, lessee, or other person that— (A) operates or supervises a coal or other mine; or (B) controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or (2) any independent contractor performing services or construction at such mine;. (b) Definition of agent
Section 3(e) ( 30 U.S.C. 802(e) ) is amended by striking the miners and inserting any miner. (c) Definition of imminent danger
Section 3(j) ( 30 U.S.C. 802(j) ) is amended— (1) by striking means the and inserting means— (1) the ; (2) by striking the semicolon at the end and inserting ; or ; and (3) by adding at the end the following: (2) the existence of multiple conditions or practices (regardless of whether related to each other) that, when considered in the aggregate, could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated;. (d) Definition of miner
Section 3(g) ( 30 U.S.C. 802(g) ) is amended by inserting after or other mine the following: , and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine, but for an accident in such mine. (e) Definition of significant and substantial violations
Section 3 ( 30 U.S.C. 802 ), as so amended, is further amended— (1) in subsection (m), by striking and after the semicolon; (2) in subsection (n), by striking the period at the end and inserting a semicolon; (3) in subsection (o), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (p) significant and substantial violation means a violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section 104(d).. 602. Assistance to States
Section 503 ( 30 U.S.C. 953(a) ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking , in coordination with the Secretary of Health, Education, and Welfare and the Secretary of the Interior, ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118. ; and (2) in subsection (h), by striking $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year and inserting $20,000,000 for each fiscal year. 603. Double encumbrance; succession plan
(a) Authorization
Notwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b). (b) Succession Plan
(1) In general
Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next 5 years to assure timely replacement of qualified employees critical to maintaining the agency’s mission. (2) Contents of plan
The succession plan developed under this subsection shall— (A) estimate employee turnover for each year; (B) set benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives; (C) utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists; (D) implement tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and (E) identify resources necessary to implement such plan. (3) Updates to plan
The succession plan under this subsection shall be updated biennially. 701. Coverage of public employees
(a) In general
Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ) is amended by striking but does not include and all that follows through the period at the end and inserting including the United States, a State, or a political subdivision of a State.. (b) Construction
Nothing in this Act, or the amendments made by this Act, shall be construed to affect the application of section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ). 702. Enhanced protections from retaliation
(a) Employee actions
Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved. (b) Prohibition of retaliation
Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (2) and inserting the following: (2) (A) No person shall discharge, or cause to be discharged, or in any manner discriminate against, or cause to be discriminated against, an employee for refusing to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the employee or other employees. (B) For purposes of subparagraph (A), the circumstances causing the employee’s good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern.. (c) Procedure
Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (3) and inserting the following: (3) Complaint
Any employee who believes that the employee has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) or (2) may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations
(A) In general
An employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of paragraph (1) or (2) occurs; or (ii) the date on which the employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation
With respect to an alleged repeat violation, except in a case when the employee has been discharged, a violation of paragraph (1) or (2) shall be considered to have occurred on the last date the alleged repeat violation occurred. (5) Investigation
(A) In general
An employee may, within the time period required under paragraph (4) , file a complaint with the Secretary alleging a violation of paragraph (1) or (2). If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision
Not later than 90 days after the filing of the complaint, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of paragraph (1) or (2) has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation
If, after completion of an investigation under paragraph (5)(A) , the Secretary finds reasonable cause to believe that a violation of paragraph (1) or (2) has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i) , such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing
(A) Request for hearing
(i) In general
A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6) respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5) (A); or (III) by the complainant within 120 days after the date of filing the complaint, if the Secretary has not issued a decision under paragraph (5)( B). (ii) Reinstatement order
The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). (B) Procedures
(i) In general
A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence
In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision
The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of paragraph (1) or (2) has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal
(A) In general
Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7) , the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board ). (B) Standard of Review
In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions
If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process
(A) In general
At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations
Neither the Secretary, an administrative law judge, or review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge
(A) In general
The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day period required under paragraph (7) (B)(iii); or (ii) the review board has not issued a decision and order within the 90-day period required under paragraph (8) (C). (B) De novo action
Such de novo action may be brought at law or equity in the United States district court for the district where a violation of paragraph (1) or (2) allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review
(A) Timely Appeal to the court of appeals
Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. (B) Limitation on collateral attack
An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order
If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof
(A) Criteria for determination
In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of paragraph (1) or (2) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) or (2) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition
Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief
(A) Order for relief
If the Secretary, administrative law judge, review board, or a court determines that a violation of paragraph (1) or (2) has occurred, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs
If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the employee against the employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural Rights
The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings
Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue
(A) In general
An employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) ; or (ii) a State plan administrator in such State. (B) Referrals
If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution.. (d) Relation to enforcement
Section 17(j) of such Act ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under section 11(c). 703. Victims’ rights
The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: 9A. Victims' rights
(a) Rights before the Secretary
A victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission
Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation
Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures
The Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations
The Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons
The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition
In this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section.. 9A. Victims' rights
(a) Rights before the Secretary
A victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission
Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation
Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures
The Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations
The Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons
The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition
In this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section. 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay
Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay
(1) Period permitted for correction of serious, willful, or repeated violations
For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest
The filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays
(A) Motion for a stay
An employer may file with the Commission a motion to stay a period for the correction of a violation designated as serious, willful, or repeated. (B) Criteria
In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission shall consider whether— (i) the employer has demonstrated a substantial likelihood of success on its contest to the citation; (ii) the employer will suffer irreparable harm absent a stay; and (iii) a stay will adversely affect the health or safety of workers. (C) Rules of Procedure
The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following: (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. (iv) For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings.. 705. Conforming amendments
Section 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(d) ) is amended to read as follows: (d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues.. 706. Civil penalties
(a) In General
Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended— (1) in subsection (a)— (A) by striking $70,000 and inserting $120,000 ; (B) by striking $5,000 and inserting $8,000 ; and (C) by adding at the end the following: In determining whether a violation is repeated, the Secretary shall consider the employer's history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. ; (2) in subsection (b)— (A) by striking $7,000 and inserting $12,000 ; and (B) by adding at the end the following: If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. ; (3) in subsection (c), by striking $7,000 and inserting $12,000 ; (4) in subsection (d), as amended by section 705, by striking $7,000 each place it occurs and inserting $12,000 ; (5) by redesignating subsections (e) through (l) as subsections (f) through (m), respectively; and (6) in subsection (j) (as redesignated by paragraph (5)), by striking $7,000 and inserting $12,000;. (b) Inflation Adjustment
Section 17 of such Act is further amended by inserting after subsection (d) the following: (e) Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1 after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period.. 707. Criminal penalties
(a) In General
Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) (as amended by sections 705 and 706) is further amended— (1) by amending subsection (f), as so redesignated, to read as follows: (f) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (i), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 20 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. ; (2) in subsection (g), as so redesignated, by striking fine of not more than $1,000 or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 2 years, ; (3) in subsection (h), as so redesignated, by striking fine of not more than $10,000, or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, ; (4) by redesignating subsections (j) through (m), as so redesignated, as subsections (k) through (n), respectively; and (5) by inserting after subsection (i) the following: (j) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation causes or contributes to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. (3) For purposes of this subsection, the term serious bodily harm means bodily injury or illness that involves— (A) a substantial risk of death; (B) protracted unconsciousness; (C) protracted and obvious physical disfigurement; or (D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty.. (b) Jurisdiction for Prosecution Under State and Local Criminal Laws
Section 17 of such Act ( 29 U.S.C. 666 ) (as amended by this Act) is further amended by adding at the end the following: (o) Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality.. 708. Penalties
Subsection (n) of section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as redesignated by sections 706 and 707, is amended by adding at the end the following: Pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per year.. 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health
Section 22(h)(3) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 671(h)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions; and. 710. Effective date
(a) General Rule
Except as provided for in subsection (b), this title and the amendments made by this title shall take effect not later than 90 days after the date of the enactment of this Act. (b) Exception for States and political subdivisions
The following are exceptions to the effective date described in subsection (a): (1) A State that has a State plan approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ) shall amend its State plan to conform with the requirements of this title, and the amendments made by this title, not later than 12 months after the date of the enactment of this Act. The Secretary of Labor may extend the period for a State to make such amendments to its State plan by not more than 12 months, if the State’s legislature is not in session during the 12-month period beginning with the date of the enactment of this Act. Such amendments to the State plan shall take effect not later than 90 days after the adoption of such amendments by such State. (2) This title and the amendments made by this title shall take effect not later than 36 months after the date of the enactment of this Act with respect to a workplace of a State, or a political subdivision of a State, that does not have a State plan approved under such section 18 ( 29 U.S.C. 667 ). | 125,453 |
117s5077is | 117 | s | 5,077 | is | To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Incorporated, is recognized as a Village Corporation under that Act, and for other purposes. | [
{
"text": "1. Alexander Creek recognition \nThe Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 43. Alexander Creek recognition \n(a) Definitions \nIn this section: (1) Alexander Creek, Incorporated \nThe term Alexander Creek, Incorporated means Alexander Creek, Incorporated, the entity organized and recognized— (A) on the day before the date of enactment of this section, as a Group Corporation; and (B) effective beginning on the date of enactment of this section, as a Village Corporation. (2) Alexander Creek village \nThe term Alexander Creek village means the community— (A) located in T. 15 N., R. 7 W., Seward Meridian, in the State; and (B) recognized as a Native village under subsection (b)(2). (3) Region \nThe term Region means Cook Inlet Region, Incorporated, the appropriate Regional Corporation for Alexander Creek, Incorporated, under section 14(h). (b) Recognition of Alexander Creek \nNotwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2543) and the deadline described in section 11(b)(3), subject to the requirements of this section— (1) Alexander Creek, Incorporated, is recognized as a Village Corporation pursuant to this Act; and (2) Alexander Creek village shall be recognized as a Native village, notwithstanding any other provision of this Act. (c) Organization of Alexander Creek, Incorporated \nAs soon as practicable after the date of enactment of this section, Alexander Creek, Incorporated, shall submit to the Secretary— (1) any amendments to the State corporate charter of Alexander Creek, Incorporated, necessary to convert Alexander Creek, Incorporated, from a Group Corporation to a Village Corporation; and (2) if necessary, any amendments to the State corporate charter or governing business documents of Alexander Creek, Incorporated, that fulfill the terms of the agreement described in subsection (d). (d) Agreement \n(1) Negotiations \nNot later than 30 days after the date of enactment of this section, the Secretary shall offer to enter into negotiations with Alexander Creek, Incorporated, for the purposes of fairly and equitably settling— (A) the aboriginal land claims of Alexander Creek, Incorporated; and (B) any other claims of Alexander Creek, Incorporated, against the United States. (2) Condition \nAs a condition of recognition as a Village Corporation under this Act, Alexander Creek, Incorporated, shall enter into an agreement with the Secretary to achieve the purposes described in paragraph (1) by not later than 13 months after the date of enactment of this section. (3) Parity \nTo the maximum extent practicable, the agreement under this subsection shall achieve parity, with respect to approximate value, with similar agreements of other Village Corporations. (4) Treatment for Federal property purposes \n(A) Coordination with GSA \nThe Secretary shall coordinate with the Administrator of General Services with respect to any surplus property to be transferred to Alexander Creek, Incorporated, pursuant to the agreement under this subsection. (B) Status as a State and State agency \nNotwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek, Incorporated, shall be considered to be a State and a State agency under that section for purposes of the agreement under this subsection. (C) Surplus property \nNotwithstanding any other provision of law, Alexander Creek, Incorporated, shall be eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for purposes of the agreement under this subsection. (e) Shareholder participation \n(1) In general \nAlexander Creek, Incorporated, shall notify each member of Alexander Creek village that— (A) effective beginning on the date of enactment of this section, the members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and (B) all future resource payments from the Region shall be retained by Alexander Creek, Incorporated, pursuant to section 7(j). (2) Liability \nThe Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or relating to the cessation of payments to members of Alexander Creek village under paragraph (1)(A). (f) Construction relating to land entitlements \n(1) In general \nExcept as provided in this section with respect to Alexander Creek, Incorporated, nothing in this section modifies or amends any land conveyance entitlements or conveyance agreement between— (A) the Region and Village Corporations other than Alexander Creek, Incorporated; (B) the Region and the Federal Government; and (C) any party described in subparagraph (A) or (B) and the State. (2) Current Alexander Creek, Incorporated, land \nNothing in this section reduces the land entitlement of Alexander Creek, Incorporated, as a Group Corporation before the date of enactment of this section, including any land selected by and conveyed to Alexander Creek, Incorporated, before that date of enactment..",
"id": "H04B24B7A0CD148E4BD64837990C55248",
"header": "Alexander Creek recognition"
},
{
"text": "43. Alexander Creek recognition \n(a) Definitions \nIn this section: (1) Alexander Creek, Incorporated \nThe term Alexander Creek, Incorporated means Alexander Creek, Incorporated, the entity organized and recognized— (A) on the day before the date of enactment of this section, as a Group Corporation; and (B) effective beginning on the date of enactment of this section, as a Village Corporation. (2) Alexander Creek village \nThe term Alexander Creek village means the community— (A) located in T. 15 N., R. 7 W., Seward Meridian, in the State; and (B) recognized as a Native village under subsection (b)(2). (3) Region \nThe term Region means Cook Inlet Region, Incorporated, the appropriate Regional Corporation for Alexander Creek, Incorporated, under section 14(h). (b) Recognition of Alexander Creek \nNotwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2543) and the deadline described in section 11(b)(3), subject to the requirements of this section— (1) Alexander Creek, Incorporated, is recognized as a Village Corporation pursuant to this Act; and (2) Alexander Creek village shall be recognized as a Native village, notwithstanding any other provision of this Act. (c) Organization of Alexander Creek, Incorporated \nAs soon as practicable after the date of enactment of this section, Alexander Creek, Incorporated, shall submit to the Secretary— (1) any amendments to the State corporate charter of Alexander Creek, Incorporated, necessary to convert Alexander Creek, Incorporated, from a Group Corporation to a Village Corporation; and (2) if necessary, any amendments to the State corporate charter or governing business documents of Alexander Creek, Incorporated, that fulfill the terms of the agreement described in subsection (d). (d) Agreement \n(1) Negotiations \nNot later than 30 days after the date of enactment of this section, the Secretary shall offer to enter into negotiations with Alexander Creek, Incorporated, for the purposes of fairly and equitably settling— (A) the aboriginal land claims of Alexander Creek, Incorporated; and (B) any other claims of Alexander Creek, Incorporated, against the United States. (2) Condition \nAs a condition of recognition as a Village Corporation under this Act, Alexander Creek, Incorporated, shall enter into an agreement with the Secretary to achieve the purposes described in paragraph (1) by not later than 13 months after the date of enactment of this section. (3) Parity \nTo the maximum extent practicable, the agreement under this subsection shall achieve parity, with respect to approximate value, with similar agreements of other Village Corporations. (4) Treatment for Federal property purposes \n(A) Coordination with GSA \nThe Secretary shall coordinate with the Administrator of General Services with respect to any surplus property to be transferred to Alexander Creek, Incorporated, pursuant to the agreement under this subsection. (B) Status as a State and State agency \nNotwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek, Incorporated, shall be considered to be a State and a State agency under that section for purposes of the agreement under this subsection. (C) Surplus property \nNotwithstanding any other provision of law, Alexander Creek, Incorporated, shall be eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for purposes of the agreement under this subsection. (e) Shareholder participation \n(1) In general \nAlexander Creek, Incorporated, shall notify each member of Alexander Creek village that— (A) effective beginning on the date of enactment of this section, the members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and (B) all future resource payments from the Region shall be retained by Alexander Creek, Incorporated, pursuant to section 7(j). (2) Liability \nThe Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or relating to the cessation of payments to members of Alexander Creek village under paragraph (1)(A). (f) Construction relating to land entitlements \n(1) In general \nExcept as provided in this section with respect to Alexander Creek, Incorporated, nothing in this section modifies or amends any land conveyance entitlements or conveyance agreement between— (A) the Region and Village Corporations other than Alexander Creek, Incorporated; (B) the Region and the Federal Government; and (C) any party described in subparagraph (A) or (B) and the State. (2) Current Alexander Creek, Incorporated, land \nNothing in this section reduces the land entitlement of Alexander Creek, Incorporated, as a Group Corporation before the date of enactment of this section, including any land selected by and conveyed to Alexander Creek, Incorporated, before that date of enactment.",
"id": "HD29971D7F0B543D2A0EED5EBEB7ADB3F",
"header": "Alexander Creek recognition"
}
] | 2 | 1. Alexander Creek recognition
The Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 43. Alexander Creek recognition
(a) Definitions
In this section: (1) Alexander Creek, Incorporated
The term Alexander Creek, Incorporated means Alexander Creek, Incorporated, the entity organized and recognized— (A) on the day before the date of enactment of this section, as a Group Corporation; and (B) effective beginning on the date of enactment of this section, as a Village Corporation. (2) Alexander Creek village
The term Alexander Creek village means the community— (A) located in T. 15 N., R. 7 W., Seward Meridian, in the State; and (B) recognized as a Native village under subsection (b)(2). (3) Region
The term Region means Cook Inlet Region, Incorporated, the appropriate Regional Corporation for Alexander Creek, Incorporated, under section 14(h). (b) Recognition of Alexander Creek
Notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2543) and the deadline described in section 11(b)(3), subject to the requirements of this section— (1) Alexander Creek, Incorporated, is recognized as a Village Corporation pursuant to this Act; and (2) Alexander Creek village shall be recognized as a Native village, notwithstanding any other provision of this Act. (c) Organization of Alexander Creek, Incorporated
As soon as practicable after the date of enactment of this section, Alexander Creek, Incorporated, shall submit to the Secretary— (1) any amendments to the State corporate charter of Alexander Creek, Incorporated, necessary to convert Alexander Creek, Incorporated, from a Group Corporation to a Village Corporation; and (2) if necessary, any amendments to the State corporate charter or governing business documents of Alexander Creek, Incorporated, that fulfill the terms of the agreement described in subsection (d). (d) Agreement
(1) Negotiations
Not later than 30 days after the date of enactment of this section, the Secretary shall offer to enter into negotiations with Alexander Creek, Incorporated, for the purposes of fairly and equitably settling— (A) the aboriginal land claims of Alexander Creek, Incorporated; and (B) any other claims of Alexander Creek, Incorporated, against the United States. (2) Condition
As a condition of recognition as a Village Corporation under this Act, Alexander Creek, Incorporated, shall enter into an agreement with the Secretary to achieve the purposes described in paragraph (1) by not later than 13 months after the date of enactment of this section. (3) Parity
To the maximum extent practicable, the agreement under this subsection shall achieve parity, with respect to approximate value, with similar agreements of other Village Corporations. (4) Treatment for Federal property purposes
(A) Coordination with GSA
The Secretary shall coordinate with the Administrator of General Services with respect to any surplus property to be transferred to Alexander Creek, Incorporated, pursuant to the agreement under this subsection. (B) Status as a State and State agency
Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek, Incorporated, shall be considered to be a State and a State agency under that section for purposes of the agreement under this subsection. (C) Surplus property
Notwithstanding any other provision of law, Alexander Creek, Incorporated, shall be eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for purposes of the agreement under this subsection. (e) Shareholder participation
(1) In general
Alexander Creek, Incorporated, shall notify each member of Alexander Creek village that— (A) effective beginning on the date of enactment of this section, the members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and (B) all future resource payments from the Region shall be retained by Alexander Creek, Incorporated, pursuant to section 7(j). (2) Liability
The Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or relating to the cessation of payments to members of Alexander Creek village under paragraph (1)(A). (f) Construction relating to land entitlements
(1) In general
Except as provided in this section with respect to Alexander Creek, Incorporated, nothing in this section modifies or amends any land conveyance entitlements or conveyance agreement between— (A) the Region and Village Corporations other than Alexander Creek, Incorporated; (B) the Region and the Federal Government; and (C) any party described in subparagraph (A) or (B) and the State. (2) Current Alexander Creek, Incorporated, land
Nothing in this section reduces the land entitlement of Alexander Creek, Incorporated, as a Group Corporation before the date of enactment of this section, including any land selected by and conveyed to Alexander Creek, Incorporated, before that date of enactment.. 43. Alexander Creek recognition
(a) Definitions
In this section: (1) Alexander Creek, Incorporated
The term Alexander Creek, Incorporated means Alexander Creek, Incorporated, the entity organized and recognized— (A) on the day before the date of enactment of this section, as a Group Corporation; and (B) effective beginning on the date of enactment of this section, as a Village Corporation. (2) Alexander Creek village
The term Alexander Creek village means the community— (A) located in T. 15 N., R. 7 W., Seward Meridian, in the State; and (B) recognized as a Native village under subsection (b)(2). (3) Region
The term Region means Cook Inlet Region, Incorporated, the appropriate Regional Corporation for Alexander Creek, Incorporated, under section 14(h). (b) Recognition of Alexander Creek
Notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2543) and the deadline described in section 11(b)(3), subject to the requirements of this section— (1) Alexander Creek, Incorporated, is recognized as a Village Corporation pursuant to this Act; and (2) Alexander Creek village shall be recognized as a Native village, notwithstanding any other provision of this Act. (c) Organization of Alexander Creek, Incorporated
As soon as practicable after the date of enactment of this section, Alexander Creek, Incorporated, shall submit to the Secretary— (1) any amendments to the State corporate charter of Alexander Creek, Incorporated, necessary to convert Alexander Creek, Incorporated, from a Group Corporation to a Village Corporation; and (2) if necessary, any amendments to the State corporate charter or governing business documents of Alexander Creek, Incorporated, that fulfill the terms of the agreement described in subsection (d). (d) Agreement
(1) Negotiations
Not later than 30 days after the date of enactment of this section, the Secretary shall offer to enter into negotiations with Alexander Creek, Incorporated, for the purposes of fairly and equitably settling— (A) the aboriginal land claims of Alexander Creek, Incorporated; and (B) any other claims of Alexander Creek, Incorporated, against the United States. (2) Condition
As a condition of recognition as a Village Corporation under this Act, Alexander Creek, Incorporated, shall enter into an agreement with the Secretary to achieve the purposes described in paragraph (1) by not later than 13 months after the date of enactment of this section. (3) Parity
To the maximum extent practicable, the agreement under this subsection shall achieve parity, with respect to approximate value, with similar agreements of other Village Corporations. (4) Treatment for Federal property purposes
(A) Coordination with GSA
The Secretary shall coordinate with the Administrator of General Services with respect to any surplus property to be transferred to Alexander Creek, Incorporated, pursuant to the agreement under this subsection. (B) Status as a State and State agency
Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek, Incorporated, shall be considered to be a State and a State agency under that section for purposes of the agreement under this subsection. (C) Surplus property
Notwithstanding any other provision of law, Alexander Creek, Incorporated, shall be eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for purposes of the agreement under this subsection. (e) Shareholder participation
(1) In general
Alexander Creek, Incorporated, shall notify each member of Alexander Creek village that— (A) effective beginning on the date of enactment of this section, the members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and (B) all future resource payments from the Region shall be retained by Alexander Creek, Incorporated, pursuant to section 7(j). (2) Liability
The Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or relating to the cessation of payments to members of Alexander Creek village under paragraph (1)(A). (f) Construction relating to land entitlements
(1) In general
Except as provided in this section with respect to Alexander Creek, Incorporated, nothing in this section modifies or amends any land conveyance entitlements or conveyance agreement between— (A) the Region and Village Corporations other than Alexander Creek, Incorporated; (B) the Region and the Federal Government; and (C) any party described in subparagraph (A) or (B) and the State. (2) Current Alexander Creek, Incorporated, land
Nothing in this section reduces the land entitlement of Alexander Creek, Incorporated, as a Group Corporation before the date of enactment of this section, including any land selected by and conveyed to Alexander Creek, Incorporated, before that date of enactment. | 10,120 |
117s201is | 117 | s | 201 | is | To establish a program ensuring access to accredited continuing medical education for primary care physicians and other health care providers at Federally-qualified health centers and rural health clinics, to provide training and clinical support for primary care providers to practice at their full scope and improve access to care for patients in underserved areas. | [
{
"text": "1. Short title \nThis Act may be cited as the Improving Access to Health Care in Rural and Underserved Areas Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Primary care accredited continuing medical education program \nSubpart 1 of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq.) is amended by adding at the end the following: 330O. Primary care accredited continuing medical education program \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award not more than 100 grants to Federally-qualified health centers or rural health clinics, or organizations affiliated with such clinics, for the purpose of ensuring access to accredited continuing medical education by board-certified specialist physicians, including family and internal medicine physicians, with teaching or high-volume patient experience, and other licensed medical providers who have clinical experience and are certified in accordance with regulations issued by the Secretary, to primary care physicians and medical providers employed by Federally-qualified health centers or rural health clinics, to increase the primary care providers’ knowledge and capacity to practice within their full scope and increase access to care for patients in rural and underserved areas. (b) Scope of training \n(1) In general \nAccredited continuing medical education programs offered under this section— (A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; (B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; (C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and (D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. (2) Training \nAccredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on— (A) endocrinology (including diabetes care); (B) palliative care and pain management; (C) dermatology; (D) obstetrics and gynecology; (E) pediatric primary care and pediatric subspecialties; (F) gastroenterology; (G) mental and behavioral health, and substance use treatment; (H) preventive care and nutrition; (I) geriatric medicine; (J) infectious disease; (K) cardiology; (L) rural health and training to improve outcomes for populations experiencing health disparities; (M) wound care; (N) disease management for patients with multiple comorbidities; (O) health information technology; and (P) other topics, as the Secretary determines appropriate. (3) Participating centers or clinics \n(A) In general \nTo be eligible for a grant under this section a Federally-qualified health center or rural health clinic, or an organization affiliated with any such health clinic acting on behalf of multiple such clinics, shall— (i) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; (ii) ensure that training under the program under the grant is provided to the physicians and primary care providers employed by such center or clinic, as well as peer-to-peer training; (iii) include in the application a needs assessment describing how participation in the program under the grant will meet both patient needs and skills training needs for their primary care providers; and (iv) include in the application a description of the expected patient target for how many patients would be directly served by activities under the grant and an assurance that data and reports will be provided annually on the number of patients served and the accrediting entity used for purposes of subsection (c)(2)(B). (B) Use of grant \nA Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for— (i) compensation for medical providers participating in teaching at program sessions; (ii) part-time administration support for the program; (iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; (iv) technology and equipment needed to facilitate clinical visits for the program; (v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and (vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. (C) Term \nA grant under this section shall be for a period of 5-years. (D) Rural areas \nThe Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. (c) Physician participation in program \n(1) Eligibility \nTo be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider— (A) who is employed by the grantee; and (B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). (2) CME credit \n(A) In general \nThe Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. (B) Reporting \nAs part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. (C) Suspension of funding for noncompliance \nThe Secretary may suspend grant funding if the grantee fails to provide for accredited continuing medical education within the first year of the grant. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. (d) Annual reporting \nBeginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act , and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including— (1) the number of physicians who participate in the program each year and the specialties of such physicians; (2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; (3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; (4) a summary of any clinical practice changes or notable improvements in patient care; (5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; (6) retention rates of physicians at participating health centers; and (7) satisfaction rates of physicians with the education program at participating health centers. (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025..",
"id": "id77E599CEE90A41F2A7F3ED47F85B11E1",
"header": "Primary care accredited continuing medical education program"
},
{
"text": "330O. Primary care accredited continuing medical education program \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award not more than 100 grants to Federally-qualified health centers or rural health clinics, or organizations affiliated with such clinics, for the purpose of ensuring access to accredited continuing medical education by board-certified specialist physicians, including family and internal medicine physicians, with teaching or high-volume patient experience, and other licensed medical providers who have clinical experience and are certified in accordance with regulations issued by the Secretary, to primary care physicians and medical providers employed by Federally-qualified health centers or rural health clinics, to increase the primary care providers’ knowledge and capacity to practice within their full scope and increase access to care for patients in rural and underserved areas. (b) Scope of training \n(1) In general \nAccredited continuing medical education programs offered under this section— (A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; (B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; (C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and (D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. (2) Training \nAccredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on— (A) endocrinology (including diabetes care); (B) palliative care and pain management; (C) dermatology; (D) obstetrics and gynecology; (E) pediatric primary care and pediatric subspecialties; (F) gastroenterology; (G) mental and behavioral health, and substance use treatment; (H) preventive care and nutrition; (I) geriatric medicine; (J) infectious disease; (K) cardiology; (L) rural health and training to improve outcomes for populations experiencing health disparities; (M) wound care; (N) disease management for patients with multiple comorbidities; (O) health information technology; and (P) other topics, as the Secretary determines appropriate. (3) Participating centers or clinics \n(A) In general \nTo be eligible for a grant under this section a Federally-qualified health center or rural health clinic, or an organization affiliated with any such health clinic acting on behalf of multiple such clinics, shall— (i) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; (ii) ensure that training under the program under the grant is provided to the physicians and primary care providers employed by such center or clinic, as well as peer-to-peer training; (iii) include in the application a needs assessment describing how participation in the program under the grant will meet both patient needs and skills training needs for their primary care providers; and (iv) include in the application a description of the expected patient target for how many patients would be directly served by activities under the grant and an assurance that data and reports will be provided annually on the number of patients served and the accrediting entity used for purposes of subsection (c)(2)(B). (B) Use of grant \nA Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for— (i) compensation for medical providers participating in teaching at program sessions; (ii) part-time administration support for the program; (iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; (iv) technology and equipment needed to facilitate clinical visits for the program; (v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and (vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. (C) Term \nA grant under this section shall be for a period of 5-years. (D) Rural areas \nThe Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. (c) Physician participation in program \n(1) Eligibility \nTo be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider— (A) who is employed by the grantee; and (B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). (2) CME credit \n(A) In general \nThe Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. (B) Reporting \nAs part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. (C) Suspension of funding for noncompliance \nThe Secretary may suspend grant funding if the grantee fails to provide for accredited continuing medical education within the first year of the grant. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. (d) Annual reporting \nBeginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act , and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including— (1) the number of physicians who participate in the program each year and the specialties of such physicians; (2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; (3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; (4) a summary of any clinical practice changes or notable improvements in patient care; (5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; (6) retention rates of physicians at participating health centers; and (7) satisfaction rates of physicians with the education program at participating health centers. (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.",
"id": "id8C09A5559FD843E0814336A43DD0623B",
"header": "Primary care accredited continuing medical education program"
}
] | 3 | 1. Short title
This Act may be cited as the Improving Access to Health Care in Rural and Underserved Areas Act. 2. Primary care accredited continuing medical education program
Subpart 1 of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq.) is amended by adding at the end the following: 330O. Primary care accredited continuing medical education program
(a) In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award not more than 100 grants to Federally-qualified health centers or rural health clinics, or organizations affiliated with such clinics, for the purpose of ensuring access to accredited continuing medical education by board-certified specialist physicians, including family and internal medicine physicians, with teaching or high-volume patient experience, and other licensed medical providers who have clinical experience and are certified in accordance with regulations issued by the Secretary, to primary care physicians and medical providers employed by Federally-qualified health centers or rural health clinics, to increase the primary care providers’ knowledge and capacity to practice within their full scope and increase access to care for patients in rural and underserved areas. (b) Scope of training
(1) In general
Accredited continuing medical education programs offered under this section— (A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; (B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; (C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and (D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. (2) Training
Accredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on— (A) endocrinology (including diabetes care); (B) palliative care and pain management; (C) dermatology; (D) obstetrics and gynecology; (E) pediatric primary care and pediatric subspecialties; (F) gastroenterology; (G) mental and behavioral health, and substance use treatment; (H) preventive care and nutrition; (I) geriatric medicine; (J) infectious disease; (K) cardiology; (L) rural health and training to improve outcomes for populations experiencing health disparities; (M) wound care; (N) disease management for patients with multiple comorbidities; (O) health information technology; and (P) other topics, as the Secretary determines appropriate. (3) Participating centers or clinics
(A) In general
To be eligible for a grant under this section a Federally-qualified health center or rural health clinic, or an organization affiliated with any such health clinic acting on behalf of multiple such clinics, shall— (i) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; (ii) ensure that training under the program under the grant is provided to the physicians and primary care providers employed by such center or clinic, as well as peer-to-peer training; (iii) include in the application a needs assessment describing how participation in the program under the grant will meet both patient needs and skills training needs for their primary care providers; and (iv) include in the application a description of the expected patient target for how many patients would be directly served by activities under the grant and an assurance that data and reports will be provided annually on the number of patients served and the accrediting entity used for purposes of subsection (c)(2)(B). (B) Use of grant
A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for— (i) compensation for medical providers participating in teaching at program sessions; (ii) part-time administration support for the program; (iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; (iv) technology and equipment needed to facilitate clinical visits for the program; (v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and (vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. (C) Term
A grant under this section shall be for a period of 5-years. (D) Rural areas
The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. (c) Physician participation in program
(1) Eligibility
To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider— (A) who is employed by the grantee; and (B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). (2) CME credit
(A) In general
The Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. (B) Reporting
As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. (C) Suspension of funding for noncompliance
The Secretary may suspend grant funding if the grantee fails to provide for accredited continuing medical education within the first year of the grant. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. (d) Annual reporting
Beginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act , and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including— (1) the number of physicians who participate in the program each year and the specialties of such physicians; (2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; (3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; (4) a summary of any clinical practice changes or notable improvements in patient care; (5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; (6) retention rates of physicians at participating health centers; and (7) satisfaction rates of physicians with the education program at participating health centers. (e) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.. 330O. Primary care accredited continuing medical education program
(a) In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award not more than 100 grants to Federally-qualified health centers or rural health clinics, or organizations affiliated with such clinics, for the purpose of ensuring access to accredited continuing medical education by board-certified specialist physicians, including family and internal medicine physicians, with teaching or high-volume patient experience, and other licensed medical providers who have clinical experience and are certified in accordance with regulations issued by the Secretary, to primary care physicians and medical providers employed by Federally-qualified health centers or rural health clinics, to increase the primary care providers’ knowledge and capacity to practice within their full scope and increase access to care for patients in rural and underserved areas. (b) Scope of training
(1) In general
Accredited continuing medical education programs offered under this section— (A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; (B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; (C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and (D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. (2) Training
Accredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on— (A) endocrinology (including diabetes care); (B) palliative care and pain management; (C) dermatology; (D) obstetrics and gynecology; (E) pediatric primary care and pediatric subspecialties; (F) gastroenterology; (G) mental and behavioral health, and substance use treatment; (H) preventive care and nutrition; (I) geriatric medicine; (J) infectious disease; (K) cardiology; (L) rural health and training to improve outcomes for populations experiencing health disparities; (M) wound care; (N) disease management for patients with multiple comorbidities; (O) health information technology; and (P) other topics, as the Secretary determines appropriate. (3) Participating centers or clinics
(A) In general
To be eligible for a grant under this section a Federally-qualified health center or rural health clinic, or an organization affiliated with any such health clinic acting on behalf of multiple such clinics, shall— (i) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; (ii) ensure that training under the program under the grant is provided to the physicians and primary care providers employed by such center or clinic, as well as peer-to-peer training; (iii) include in the application a needs assessment describing how participation in the program under the grant will meet both patient needs and skills training needs for their primary care providers; and (iv) include in the application a description of the expected patient target for how many patients would be directly served by activities under the grant and an assurance that data and reports will be provided annually on the number of patients served and the accrediting entity used for purposes of subsection (c)(2)(B). (B) Use of grant
A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for— (i) compensation for medical providers participating in teaching at program sessions; (ii) part-time administration support for the program; (iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; (iv) technology and equipment needed to facilitate clinical visits for the program; (v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and (vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. (C) Term
A grant under this section shall be for a period of 5-years. (D) Rural areas
The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. (c) Physician participation in program
(1) Eligibility
To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider— (A) who is employed by the grantee; and (B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). (2) CME credit
(A) In general
The Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. (B) Reporting
As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. (C) Suspension of funding for noncompliance
The Secretary may suspend grant funding if the grantee fails to provide for accredited continuing medical education within the first year of the grant. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. (d) Annual reporting
Beginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act , and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including— (1) the number of physicians who participate in the program each year and the specialties of such physicians; (2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; (3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; (4) a summary of any clinical practice changes or notable improvements in patient care; (5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; (6) retention rates of physicians at participating health centers; and (7) satisfaction rates of physicians with the education program at participating health centers. (e) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025. | 16,207 |
117s279is | 117 | s | 279 | is | To require the Federal Communications Commission to update the national broadband plan, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the National Broadband Plan for the Future Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Update to national broadband plan \n(a) Definitions \nIn this section— (1) 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) the term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; (3) the term Commission means the Federal Communications Commission; (4) the term COVID–19 pandemic means the outbreak and associated public health, economic, and other societal effects of the Coronavirus Disease 2019 (referred to in this paragraph as COVID–19 ) relating to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, including— (A) any renewal of that declaration; and (B) any subsequent declaration by the Secretary of Health and Human Services relating to COVID–19; (5) the term E-Rate program means the program set forth under subpart F of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (6) the term Lifeline means the program set forth under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and (7) the term national broadband plan means the plan required to be submitted by the Commission to the appropriate committees of Congress under section 6001(k) of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305(k) ). (b) Update \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report containing an update to the national broadband plan. (2) Contents \nThe update to the national broadband plan required under paragraph (1) shall— (A) assess the progress of the United States in achieving the goals of the original national broadband plan during the 10-year period preceding the date of enactment of this Act; (B) reassess the areas of focus contained within the original national broadband plan, including through— (i) an analysis of the most effective and efficient mechanisms for ensuring access to broadband internet access service by all people of the United States; (ii) a detailed strategy for achieving— (I) affordability of broadband internet access service (including through Lifeline); and (II) maximum utilization of broadband internet access service, and the infrastructure with respect to that service, by the public; (iii) an evaluation of the status of deployment of broadband internet access service, including the progress of projects supported by the grants made pursuant to section 6001 of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305 ); and (iv) a plan for use of broadband internet access service, and the infrastructure with respect to that service, in advancing racial justice, socioeconomic equity, consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes; (C) examine the effects of the COVID–19 pandemic on how the people of the United States— (i) learn, including— (I) an analysis of the nature and extent of gaps between students who have access to broadband internet access service at home and students who do not have access to that service; and (II) an identification of specific ways to close the gaps described in subclause (I), including through the E-Rate program and Lifeline; (ii) work, including by developing detailed proposals that could make working from home more practical for workers and more productive for employers; (iii) receive medical information and treatment, including by— (I) reviewing the adequacy and effectiveness of telemedicine programs implemented at the Federal and State levels; and (II) developing proposals for how the programs described in subclause (I) could be improved or expanded; and (iv) participate in civic communications, including by analyzing the effects that the COVID–19 pandemic and the infrastructure with respect to broadband internet access service in the United States have had on— (I) free expression and non-commercial speakers in the United States; and (II) the availability of credible news and information, including public health information, with respect to that pandemic; (D) analyze the change in reliance that the people of the United States will have on services enabled by broadband internet access service as a result of the COVID–19 pandemic; and (E) develop— (i) short-term proposals to address the reliance described in subparagraph (D); and (ii) a long-term plan to address any systemic privacy and security challenges associated with the use of services described in subparagraph (D). (3) Subsequent annual reports \nNot later than 1 year after the date on which the Commission submits the report of the Commission required under paragraph (1), and annually thereafter, the Commission shall submit to the appropriate committees of Congress a report on the progress of the Commission in achieving the goals of the national broadband plan, as updated under this subsection. (4) Public availability \nThe Commission shall publish the report submitted under paragraph (1), and each report submitted under paragraph (3), on a publicly available website. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.",
"id": "id01205AAE59AE4465AEC98729DB85AA80",
"header": "Update to national broadband plan"
}
] | 2 | 1. Short title
This Act may be cited as the National Broadband Plan for the Future Act of 2021. 2. Update to national broadband plan
(a) Definitions
In this section— (1) 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) the term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; (3) the term Commission means the Federal Communications Commission; (4) the term COVID–19 pandemic means the outbreak and associated public health, economic, and other societal effects of the Coronavirus Disease 2019 (referred to in this paragraph as COVID–19 ) relating to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, including— (A) any renewal of that declaration; and (B) any subsequent declaration by the Secretary of Health and Human Services relating to COVID–19; (5) the term E-Rate program means the program set forth under subpart F of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (6) the term Lifeline means the program set forth under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and (7) the term national broadband plan means the plan required to be submitted by the Commission to the appropriate committees of Congress under section 6001(k) of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305(k) ). (b) Update
(1) In general
Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report containing an update to the national broadband plan. (2) Contents
The update to the national broadband plan required under paragraph (1) shall— (A) assess the progress of the United States in achieving the goals of the original national broadband plan during the 10-year period preceding the date of enactment of this Act; (B) reassess the areas of focus contained within the original national broadband plan, including through— (i) an analysis of the most effective and efficient mechanisms for ensuring access to broadband internet access service by all people of the United States; (ii) a detailed strategy for achieving— (I) affordability of broadband internet access service (including through Lifeline); and (II) maximum utilization of broadband internet access service, and the infrastructure with respect to that service, by the public; (iii) an evaluation of the status of deployment of broadband internet access service, including the progress of projects supported by the grants made pursuant to section 6001 of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305 ); and (iv) a plan for use of broadband internet access service, and the infrastructure with respect to that service, in advancing racial justice, socioeconomic equity, consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes; (C) examine the effects of the COVID–19 pandemic on how the people of the United States— (i) learn, including— (I) an analysis of the nature and extent of gaps between students who have access to broadband internet access service at home and students who do not have access to that service; and (II) an identification of specific ways to close the gaps described in subclause (I), including through the E-Rate program and Lifeline; (ii) work, including by developing detailed proposals that could make working from home more practical for workers and more productive for employers; (iii) receive medical information and treatment, including by— (I) reviewing the adequacy and effectiveness of telemedicine programs implemented at the Federal and State levels; and (II) developing proposals for how the programs described in subclause (I) could be improved or expanded; and (iv) participate in civic communications, including by analyzing the effects that the COVID–19 pandemic and the infrastructure with respect to broadband internet access service in the United States have had on— (I) free expression and non-commercial speakers in the United States; and (II) the availability of credible news and information, including public health information, with respect to that pandemic; (D) analyze the change in reliance that the people of the United States will have on services enabled by broadband internet access service as a result of the COVID–19 pandemic; and (E) develop— (i) short-term proposals to address the reliance described in subparagraph (D); and (ii) a long-term plan to address any systemic privacy and security challenges associated with the use of services described in subparagraph (D). (3) Subsequent annual reports
Not later than 1 year after the date on which the Commission submits the report of the Commission required under paragraph (1), and annually thereafter, the Commission shall submit to the appropriate committees of Congress a report on the progress of the Commission in achieving the goals of the national broadband plan, as updated under this subsection. (4) Public availability
The Commission shall publish the report submitted under paragraph (1), and each report submitted under paragraph (3), on a publicly available website. (c) Authorization of appropriations
There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. | 5,837 |
117s1170is | 117 | s | 1,170 | is | To amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals. | [
{
"text": "1. Short title \nThis Act may be cited as the Summer Meals Act of 2021.",
"id": "idF4D09A86AE1E4522A3C266B7BB345C01",
"header": "Short title"
},
{
"text": "2. Summer food service program for children \n(a) Better Integrate Summer Education and Summer Meals Program \nSection 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a)(1)(A)(i) ) (relating to the definition of the term area in which poor economic conditions exist ) is amended by striking 50 percent each place it appears and inserting 40 percent. (b) Reduce red tape for public-Private partnerships \nSection 13(a)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a)(8) ) is amended— (1) by striking the paragraph designation and heading and all that follows through Except and inserting the following: (8) Year-round meal service \n(A) Seamless summer option for schools \nExcept ; and (2) by adding at the end the following: (B) Year-round meal service for other service institutions \nEach service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during— (i) afterschool hours; (ii) weekends; and (iii) school holidays during the regular school calendar.. (c) Improve nutrition in underserved, hard-to-Reach areas \nSection 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended— (1) by striking paragraphs (9) and (10) and inserting the following: (9) Improve nutrition in underserved, hard-to-reach areas \n(A) In general \nSubject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary shall award competitive grants to service institutions selected by the Secretary to increase participation in the program by children who lack the ability to access a congregate feeding site through— (i) innovative approaches to limited transportation; (ii) mobile meal trucks; and (iii) any other method or approach that does not require children to access a congregate feeding site. (B) Eligibility \nTo be selected to receive a grant under this paragraph, a service institution— (i) may be located in any State; and (ii) shall— (I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (II) meet criteria established by the Secretary; and (III) agree to the terms and conditions of the grant, as established by the Secretary. (C) Priority \nIn awarding grants under this paragraph, the Secretary shall give priority to service institutions that plan— (i) to serve both breakfast and lunch; or (ii) to serve lunch, a snack, and dinner. (D) Travel reimbursement \nA service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel. (E) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year. ; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third meal \nSection 13(b)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(b)(2) ) is amended by striking only serve lunch and all that follows through migrant children may. (e) Summer meal service reimbursement after emergencies and disasters \nSection 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended by striking subsection (r) and inserting the following: (r) Summer meal service reimbursement after emergencies and disasters \n(1) Definition of affected area \nIn this subsection, the term affected area means an area for which— (A) the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); or (B) the Governor of the State in which the area is located has declared an emergency or disaster under State law. (2) Summer meal reimbursement \nIn an affected area, the Secretary shall, on request by a State, reimburse a service institution for meals provided under this section to children that consume the meals by a noncongregate method or approach.. (f) Authorization of appropriations \nSection 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended by adding at the end the following: (s) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section for the period of fiscal years 2021 through 2026..",
"id": "idCB75F015FDFC45F38750AE1AF86E8A8C",
"header": "Summer food service program for children"
}
] | 2 | 1. Short title
This Act may be cited as the Summer Meals Act of 2021. 2. Summer food service program for children
(a) Better Integrate Summer Education and Summer Meals Program
Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a)(1)(A)(i) ) (relating to the definition of the term area in which poor economic conditions exist ) is amended by striking 50 percent each place it appears and inserting 40 percent. (b) Reduce red tape for public-Private partnerships
Section 13(a)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a)(8) ) is amended— (1) by striking the paragraph designation and heading and all that follows through Except and inserting the following: (8) Year-round meal service
(A) Seamless summer option for schools
Except ; and (2) by adding at the end the following: (B) Year-round meal service for other service institutions
Each service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during— (i) afterschool hours; (ii) weekends; and (iii) school holidays during the regular school calendar.. (c) Improve nutrition in underserved, hard-to-Reach areas
Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended— (1) by striking paragraphs (9) and (10) and inserting the following: (9) Improve nutrition in underserved, hard-to-reach areas
(A) In general
Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary shall award competitive grants to service institutions selected by the Secretary to increase participation in the program by children who lack the ability to access a congregate feeding site through— (i) innovative approaches to limited transportation; (ii) mobile meal trucks; and (iii) any other method or approach that does not require children to access a congregate feeding site. (B) Eligibility
To be selected to receive a grant under this paragraph, a service institution— (i) may be located in any State; and (ii) shall— (I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (II) meet criteria established by the Secretary; and (III) agree to the terms and conditions of the grant, as established by the Secretary. (C) Priority
In awarding grants under this paragraph, the Secretary shall give priority to service institutions that plan— (i) to serve both breakfast and lunch; or (ii) to serve lunch, a snack, and dinner. (D) Travel reimbursement
A service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel. (E) Authorization of appropriations
There is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year. ; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third meal
Section 13(b)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(b)(2) ) is amended by striking only serve lunch and all that follows through migrant children may. (e) Summer meal service reimbursement after emergencies and disasters
Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended by striking subsection (r) and inserting the following: (r) Summer meal service reimbursement after emergencies and disasters
(1) Definition of affected area
In this subsection, the term affected area means an area for which— (A) the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); or (B) the Governor of the State in which the area is located has declared an emergency or disaster under State law. (2) Summer meal reimbursement
In an affected area, the Secretary shall, on request by a State, reimburse a service institution for meals provided under this section to children that consume the meals by a noncongregate method or approach.. (f) Authorization of appropriations
Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended by adding at the end the following: (s) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for the period of fiscal years 2021 through 2026.. | 4,756 |
117s4766is | 117 | s | 4,766 | is | 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. | [
{
"text": "1. Modification of rules for approval of commercial driver education programs for purposes of veterans educational assistance \n(a) In general \nSection 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 \n(1) Establishment of requirements \nNot 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 \nThe 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.",
"id": "id334bf13bcc8744f88f68d795c128ad55",
"header": "Modification of rules for approval of commercial driver education programs for purposes of veterans educational assistance"
}
] | 1 | 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. | 2,774 |
117s2398is | 117 | s | 2,398 | is | To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways. | [
{
"text": "1. Short title \nThis Act may be cited as the Sustainable Highways Innovation Act.",
"id": "H7D5F29EC46BF4092A70D3729CF0CE9B5",
"header": "Short title"
},
{
"text": "2. Accommodation of certain facilities within any right-of-way on a Federal-aid highway \nSection 109 of title 23, United States Code, is amended— (1) in subsection (l)— (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through In determining in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (l) Accommodating utility facilities in the right-of-Way \n(1) Definitions \nIn this subsection: (A) Right-of-way \nThe term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. (B) Utility facility \n(i) In general \nThe term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (ii) Inclusions \nThe term utility facility includes— (I) alternative fueling infrastructure; (II) a renewable energy generation facility; (III) electrical transmission and distribution infrastructure; and (IV) broadband infrastructure and conduit. (2) Accommodation \nIn determining ; and (C) by adding at the end the following: (3) State approval \nA State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway. ; and (2) by adding at the end the following: (s) Vegetation management \nNotwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator-friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices— (1) is in the public interest; and (2) will not impair the highway or interfere with the free and safe flow of traffic..",
"id": "HF3217F02873343FF8ACACA9841ED72FF",
"header": "Accommodation of certain facilities within any right-of-way on a Federal-aid highway"
}
] | 2 | 1. Short title
This Act may be cited as the Sustainable Highways Innovation Act. 2. Accommodation of certain facilities within any right-of-way on a Federal-aid highway
Section 109 of title 23, United States Code, is amended— (1) in subsection (l)— (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through In determining in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (l) Accommodating utility facilities in the right-of-Way
(1) Definitions
In this subsection: (A) Right-of-way
The term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. (B) Utility facility
(i) In general
The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (ii) Inclusions
The term utility facility includes— (I) alternative fueling infrastructure; (II) a renewable energy generation facility; (III) electrical transmission and distribution infrastructure; and (IV) broadband infrastructure and conduit. (2) Accommodation
In determining ; and (C) by adding at the end the following: (3) State approval
A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway. ; and (2) by adding at the end the following: (s) Vegetation management
Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator-friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices— (1) is in the public interest; and (2) will not impair the highway or interfere with the free and safe flow of traffic.. | 2,262 |
117s2384is | 117 | s | 2,384 | is | To require the Secretary of the Treasury to mint coins in commemoration of the semiquincentennial anniversary of the establishment of the United States. | [
{
"text": "1. Short title \nThis Act may be cited as the Semiquincentennial Commemorative Coin Act.",
"id": "H6B734A2D6BA744D6812726D806B1AF43",
"header": "Short title"
},
{
"text": "2. Findings \nThe Congress finds the following: (1) July 4, 1776, was the date on which the unanimous declaration of the thirteen United States of America was passed, declaring the Nation as independent. (2) July 4, 2026, will mark the 250th anniversary of us declaring our independence. (3) It is common practice to celebrate moments such as this in the history of our country through the minting of a commemorative coin.",
"id": "H4100A54B2CEA4A7B934E74C9F5FCB869",
"header": "Findings"
},
{
"text": "3. Coin specifications \n(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the semiquincentennial anniversary of the establishment of the United States: (1) $25.00 Gold Coins \nNot more than 100,000 $25.00 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $2.50 Silver Coins \nNot more than 500,000 $2.50 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) 25 cent clad coins \nNot more than 750,000 quarter dollar coins, which shall— (A) weigh 5.67 grams; (B) have a diameter of 0.955 inches; and (C) be minted to the specifications for quarter dollar coins, contained in section 5112(b) of title 31, United States Code. (4) Proof silver $2.50 coins \nThe Secretary shall mint and issue not more than 100,000 proof silver $2.50 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain.999 fine silver. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage limit exception \nIf the Secretary determines, based on independent, market based research conducted by the designated recipient organization identified in section 7(b) that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand.",
"id": "H3908A83B04D943CE9C01F23C7B106D2C",
"header": "Coin specifications"
},
{
"text": "4. Designs of coins \n(a) Design requirements \n(1) In general \nThe designs of the coins minted under this Act shall be emblematic of the semiquincentennial anniversary of the establishment of the United States of America and celebrate 250 years of our Nation. (2) Designation and inscriptions \nOn each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the years 1776–2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Semiquincentennial Commission, the America 250 Foundation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee.",
"id": "H730B8E9391FC4998A7F4D9C975A69285",
"header": "Designs of coins"
},
{
"text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities \nOnly 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance \nThe Secretary may issue coins under this Act only during the period beginning on January 1, 2026, and ending on December 31, 2026.",
"id": "H152161982D144ED9A9BFAD5B56F7FD52",
"header": "Issuance of coins"
},
{
"text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.",
"id": "HACD2B7909AD74FB29B5C30854E7171C7",
"header": "Sale of coins"
},
{
"text": "7. Surcharges \n(a) In general \nAll sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the gold coins. (2) A surcharge of $10 per coin for the silver coins. (3) A surcharge of $5 per coin for the quarter dollar coins. (4) A surcharge of $50 per coin for the $2.50 5 ounce proof silver coins. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the America 250 Foundation to fund the restoration, rehabilitation, and interpretation of units of America’s National Park System and its related areas, as a legacy of the United States Semiquincentennial commemoration. (c) Audits \nThe America 250 Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation \nNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection.",
"id": "HD467BFBD4A6140C28DEE8B6B973640FC",
"header": "Surcharges"
},
{
"text": "8. Financial assurances \nThe Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.",
"id": "H1B5A56594E7745AAAAA024B696A2A23C",
"header": "Financial assurances"
}
] | 8 | 1. Short title
This Act may be cited as the Semiquincentennial Commemorative Coin Act. 2. Findings
The Congress finds the following: (1) July 4, 1776, was the date on which the unanimous declaration of the thirteen United States of America was passed, declaring the Nation as independent. (2) July 4, 2026, will mark the 250th anniversary of us declaring our independence. (3) It is common practice to celebrate moments such as this in the history of our country through the minting of a commemorative coin. 3. Coin specifications
(a) Denominations
The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the semiquincentennial anniversary of the establishment of the United States: (1) $25.00 Gold Coins
Not more than 100,000 $25.00 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $2.50 Silver Coins
Not more than 500,000 $2.50 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) 25 cent clad coins
Not more than 750,000 quarter dollar coins, which shall— (A) weigh 5.67 grams; (B) have a diameter of 0.955 inches; and (C) be minted to the specifications for quarter dollar coins, contained in section 5112(b) of title 31, United States Code. (4) Proof silver $2.50 coins
The Secretary shall mint and issue not more than 100,000 proof silver $2.50 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain.999 fine silver. (b) Legal tender
The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items
For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage limit exception
If the Secretary determines, based on independent, market based research conducted by the designated recipient organization identified in section 7(b) that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand. 4. Designs of coins
(a) Design requirements
(1) In general
The designs of the coins minted under this Act shall be emblematic of the semiquincentennial anniversary of the establishment of the United States of America and celebrate 250 years of our Nation. (2) Designation and inscriptions
On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the years 1776–2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection
The designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Semiquincentennial Commission, the America 250 Foundation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins
(a) Quality of coins
Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities
Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance
The Secretary may issue coins under this Act only during the period beginning on January 1, 2026, and ending on December 31, 2026. 6. Sale of coins
(a) Sale price
The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales
The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders
(1) In general
The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount
Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges
(a) In general
All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the gold coins. (2) A surcharge of $10 per coin for the silver coins. (3) A surcharge of $5 per coin for the quarter dollar coins. (4) A surcharge of $50 per coin for the $2.50 5 ounce proof silver coins. (b) Distribution
Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the America 250 Foundation to fund the restoration, rehabilitation, and interpretation of units of America’s National Park System and its related areas, as a legacy of the United States Semiquincentennial commemoration. (c) Audits
The America 250 Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation
Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances
The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | 6,413 |
117s2323is | 117 | s | 2,323 | is | To amend title 49, United States Code, to establish the Helping Obtain Prosperity for Everyone program, and for other purposes. | [
{
"text": "1. Helping Obtain Prosperity for Everyone program \n(a) Program establishment \n(1) In general \nChapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program \n(a) Definitions \nIn this section: (1) Area of persistent poverty \nThe term area of persistent poverty means— (A) a county that has consistently had greater than or equal to 20 percent of the population living in poverty during the most recent 30-year period for which data is available, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, as estimated by the Bureau of the Census; (B) a census tract with a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or (C) any other territory or possession of the United States of which at least 20 percent of the population has consistently lived in poverty over the most recent 30-year period for which data is available, as measured by the 1990, 2000, and 2010 decennial censuses or equivalent data of the Bureau of the Census. (2) Covered project \nThe term covered project means any project eligible under this chapter carried out by an eligible entity that would serve an area of persistent poverty. (3) Eligible entity \nThe term eligible entity means an eligible recipient or subrecipient under section 5307, 5310, or 5311 that seeks to carry out a covered project. (4) Program \nThe term program means the Helping Obtain Prosperity for Everyone program established under subsection (b). (b) Establishment \nThe Secretary shall carry out a program, to be known as the Helping Obtain Prosperity for Everyone program, to award grants to eligible entities— (1) to carry out planning or engineering work for covered projects, which may include studies or analyses to assess the transit needs of an area of persistent poverty; and (2) to develop technical or financing plans for covered projects. (c) Application \nAn eligible entity seeking a grant under the program, or a State department of transportation acting on behalf of an eligible entity seeking a grant under the program, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Federal share \nThe Federal share of the cost of an activity described in subsection (b) shall be not less than 90 percent. (e) Outreach \nNot later than 1 year after the date on which the Secretary establishes the program, the Secretary shall conduct outreach, including through personal contact, webinars, online materials, and other appropriate methods determined by the Secretary, to eligible entities with respect to grant opportunities under the program. (f) Partnerships \n(1) In general \nThe recipient of a grant under the program may enter into a partnership with a nonprofit organization or other entity to assist the recipient in carrying out the activities described in subsection (b). (2) Encouragement \nThe Secretary shall encourage recipients of grants under the program to enter into partnerships with nonprofit organizations that could assist the recipient in ensuring that a covered project results in lower emissions or no emissions. (g) Rural areas \nOf the amounts made available to carry out the program each fiscal year, the Secretary shall ensure that not less than 20 percent is used to carry out covered projects in rural areas.. (2) Clerical amendment \nThe table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program.. (b) Funding \nSection 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting 5308, after 5307, ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) $25,000,000 for each of fiscal years 2022 through 2026. ; and (2) in paragraph (2)— (A) in subparagraph (M), by striking and at the end; (B) in subparagraph (N)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (O) $25,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5308..",
"id": "id077557FCAFFE4E7FA2572A4680DBFA55",
"header": "Helping Obtain Prosperity for Everyone program"
},
{
"text": "5308. Helping Obtain Prosperity for Everyone program \n(a) Definitions \nIn this section: (1) Area of persistent poverty \nThe term area of persistent poverty means— (A) a county that has consistently had greater than or equal to 20 percent of the population living in poverty during the most recent 30-year period for which data is available, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, as estimated by the Bureau of the Census; (B) a census tract with a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or (C) any other territory or possession of the United States of which at least 20 percent of the population has consistently lived in poverty over the most recent 30-year period for which data is available, as measured by the 1990, 2000, and 2010 decennial censuses or equivalent data of the Bureau of the Census. (2) Covered project \nThe term covered project means any project eligible under this chapter carried out by an eligible entity that would serve an area of persistent poverty. (3) Eligible entity \nThe term eligible entity means an eligible recipient or subrecipient under section 5307, 5310, or 5311 that seeks to carry out a covered project. (4) Program \nThe term program means the Helping Obtain Prosperity for Everyone program established under subsection (b). (b) Establishment \nThe Secretary shall carry out a program, to be known as the Helping Obtain Prosperity for Everyone program, to award grants to eligible entities— (1) to carry out planning or engineering work for covered projects, which may include studies or analyses to assess the transit needs of an area of persistent poverty; and (2) to develop technical or financing plans for covered projects. (c) Application \nAn eligible entity seeking a grant under the program, or a State department of transportation acting on behalf of an eligible entity seeking a grant under the program, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Federal share \nThe Federal share of the cost of an activity described in subsection (b) shall be not less than 90 percent. (e) Outreach \nNot later than 1 year after the date on which the Secretary establishes the program, the Secretary shall conduct outreach, including through personal contact, webinars, online materials, and other appropriate methods determined by the Secretary, to eligible entities with respect to grant opportunities under the program. (f) Partnerships \n(1) In general \nThe recipient of a grant under the program may enter into a partnership with a nonprofit organization or other entity to assist the recipient in carrying out the activities described in subsection (b). (2) Encouragement \nThe Secretary shall encourage recipients of grants under the program to enter into partnerships with nonprofit organizations that could assist the recipient in ensuring that a covered project results in lower emissions or no emissions. (g) Rural areas \nOf the amounts made available to carry out the program each fiscal year, the Secretary shall ensure that not less than 20 percent is used to carry out covered projects in rural areas.",
"id": "id46D692C716214D5FA986604CA3C95457",
"header": "Helping Obtain Prosperity for Everyone program"
}
] | 2 | 1. Helping Obtain Prosperity for Everyone program
(a) Program establishment
(1) In general
Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program
(a) Definitions
In this section: (1) Area of persistent poverty
The term area of persistent poverty means— (A) a county that has consistently had greater than or equal to 20 percent of the population living in poverty during the most recent 30-year period for which data is available, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, as estimated by the Bureau of the Census; (B) a census tract with a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or (C) any other territory or possession of the United States of which at least 20 percent of the population has consistently lived in poverty over the most recent 30-year period for which data is available, as measured by the 1990, 2000, and 2010 decennial censuses or equivalent data of the Bureau of the Census. (2) Covered project
The term covered project means any project eligible under this chapter carried out by an eligible entity that would serve an area of persistent poverty. (3) Eligible entity
The term eligible entity means an eligible recipient or subrecipient under section 5307, 5310, or 5311 that seeks to carry out a covered project. (4) Program
The term program means the Helping Obtain Prosperity for Everyone program established under subsection (b). (b) Establishment
The Secretary shall carry out a program, to be known as the Helping Obtain Prosperity for Everyone program, to award grants to eligible entities— (1) to carry out planning or engineering work for covered projects, which may include studies or analyses to assess the transit needs of an area of persistent poverty; and (2) to develop technical or financing plans for covered projects. (c) Application
An eligible entity seeking a grant under the program, or a State department of transportation acting on behalf of an eligible entity seeking a grant under the program, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Federal share
The Federal share of the cost of an activity described in subsection (b) shall be not less than 90 percent. (e) Outreach
Not later than 1 year after the date on which the Secretary establishes the program, the Secretary shall conduct outreach, including through personal contact, webinars, online materials, and other appropriate methods determined by the Secretary, to eligible entities with respect to grant opportunities under the program. (f) Partnerships
(1) In general
The recipient of a grant under the program may enter into a partnership with a nonprofit organization or other entity to assist the recipient in carrying out the activities described in subsection (b). (2) Encouragement
The Secretary shall encourage recipients of grants under the program to enter into partnerships with nonprofit organizations that could assist the recipient in ensuring that a covered project results in lower emissions or no emissions. (g) Rural areas
Of the amounts made available to carry out the program each fiscal year, the Secretary shall ensure that not less than 20 percent is used to carry out covered projects in rural areas.. (2) Clerical amendment
The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program.. (b) Funding
Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting 5308, after 5307, ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) $25,000,000 for each of fiscal years 2022 through 2026. ; and (2) in paragraph (2)— (A) in subparagraph (M), by striking and at the end; (B) in subparagraph (N)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (O) $25,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5308.. 5308. Helping Obtain Prosperity for Everyone program
(a) Definitions
In this section: (1) Area of persistent poverty
The term area of persistent poverty means— (A) a county that has consistently had greater than or equal to 20 percent of the population living in poverty during the most recent 30-year period for which data is available, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, as estimated by the Bureau of the Census; (B) a census tract with a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or (C) any other territory or possession of the United States of which at least 20 percent of the population has consistently lived in poverty over the most recent 30-year period for which data is available, as measured by the 1990, 2000, and 2010 decennial censuses or equivalent data of the Bureau of the Census. (2) Covered project
The term covered project means any project eligible under this chapter carried out by an eligible entity that would serve an area of persistent poverty. (3) Eligible entity
The term eligible entity means an eligible recipient or subrecipient under section 5307, 5310, or 5311 that seeks to carry out a covered project. (4) Program
The term program means the Helping Obtain Prosperity for Everyone program established under subsection (b). (b) Establishment
The Secretary shall carry out a program, to be known as the Helping Obtain Prosperity for Everyone program, to award grants to eligible entities— (1) to carry out planning or engineering work for covered projects, which may include studies or analyses to assess the transit needs of an area of persistent poverty; and (2) to develop technical or financing plans for covered projects. (c) Application
An eligible entity seeking a grant under the program, or a State department of transportation acting on behalf of an eligible entity seeking a grant under the program, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Federal share
The Federal share of the cost of an activity described in subsection (b) shall be not less than 90 percent. (e) Outreach
Not later than 1 year after the date on which the Secretary establishes the program, the Secretary shall conduct outreach, including through personal contact, webinars, online materials, and other appropriate methods determined by the Secretary, to eligible entities with respect to grant opportunities under the program. (f) Partnerships
(1) In general
The recipient of a grant under the program may enter into a partnership with a nonprofit organization or other entity to assist the recipient in carrying out the activities described in subsection (b). (2) Encouragement
The Secretary shall encourage recipients of grants under the program to enter into partnerships with nonprofit organizations that could assist the recipient in ensuring that a covered project results in lower emissions or no emissions. (g) Rural areas
Of the amounts made available to carry out the program each fiscal year, the Secretary shall ensure that not less than 20 percent is used to carry out covered projects in rural areas. | 7,893 |
117s5196is | 117 | s | 5,196 | is | To authorize the location of a monument on the National Mall to commemorate and honor the women’s suffrage movement and the passage of the 19th Amendment to the Constitution, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Women's Suffrage National Monument Location Act.",
"id": "H2509C4EE957A4CBDA9229A9C0093BFE7",
"header": "Short title"
},
{
"text": "2. Women's Suffrage National Monument \n(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument. (c) Definitions \nIn this section: (1) Women’s Suffrage National Monument \nThe term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve \nThe term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code.",
"id": "idA5EF7703B6C1491BBA7C35942A41287A",
"header": "Women's Suffrage National Monument"
}
] | 2 | 1. Short title
This Act may be cited as the Women's Suffrage National Monument Location Act. 2. Women's Suffrage National Monument
(a) Site
Notwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act
Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument. (c) Definitions
In this section: (1) Women’s Suffrage National Monument
The term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve
The term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code. | 857 |
117s1717is | 117 | s | 1,717 | is | To establish a community-driven decision-making pilot program to demonstrate enhanced community-based decision making in the transportation planning process, and for other purposes. | [
{
"text": "1. Community-driven decision-making pilot program \n(a) Definitions \nIn this section: (1) Community-based organization \nThe term community-based organization means a private, locally initiated, community-based organization that— (A) is a nonprofit organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (B) has a Board of Directors that represent a majority of residents of the area served by the organization. (2) Eligible partnership \nThe term eligible partnership means a partnership between— (A) 1 or more local transportation planning agencies, including at least 1 of— (i) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (ii) a regional transportation planning organization designated under section 135(m) of title 23, United States Code; (iii) a municipal corporation; (iv) a county; or (v) any other unit of local government; and (B) a community-based organization. (3) Pilot program \nThe term pilot program means the community-driven decision-making pilot program established under subsection (b)(1). (4) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment \n(1) In general \nThe Secretary shall establish a community-driven decision-making pilot program to provide grants to eligible partnerships. (2) Purpose \nThe purpose of the pilot program shall be to demonstrate enhanced community-based decision making in the transportation planning process by supporting partnerships between local transportation planning agencies and community-based organizations which will serve as models for other communities to deepen and strengthen community engagement in transportation planning processes. (c) Applications \nTo be eligible to receive a grant under the pilot program, an eligible partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible costs \n(1) In general \nAn eligible partnership that receives a grant under the pilot program may use the grant funds for— (A) personnel costs, including costs— (i) to support employees of the community-based organization to enable the organization to engage with the community during the transportation planning process; and (ii) to support employees of the local transportation planning agency in conducting more robust public engagement; (B) materials and technology to support community engagement, including physical and digital presentation of data and polling; (C) training for personnel to improve the ability of the personnel to pursue and incorporate public input in the transportation planning process; (D) training for the community-based organization and residents of the community in the basics of transportation planning; (E) facilitation of public meetings, including publicity, food, and provision of childcare; (F) stipends for community participants for expenses relating to engagement in the transportation planning process; and (G) hiring and training of street teams to engage in public outreach relating to the transportation planning process, including the use of questionnaires and the solicitation of ongoing feedback. (2) Administrative costs \nAn eligible partnership may use not more than 5 percent of the funds from a grant under the pilot program for administrative costs. (3) Limitation \nA community-based organization that is part of an eligible partnership that receives a grant under the pilot program shall only carry out activities under the pilot program relating to community engagement and outreach. (e) Requirements \nAn eligible partnership that receives a grant under the pilot program shall— (1) submit to the Secretary a public engagement plan that— (A) provides a direct role for community members in determining the priorities for and outcomes of a transportation planning process that will impact the community; and (B) includes— (i) a description of how the eligible partnership will provide an increase in capacity for the community-based organization for 1 or more employees to engage directly in the transportation planning process; (ii) a description of how the eligible partnership will provide dedicated personnel within the local transportation planning agency for engagement with the community-based organization partner and for solicitation and incorporation of community input; and (iii) specific and detailed strategies to ensure broad and equitable community input from traditionally underrepresented members of the community, especially low-income residents and people of color; (2) ensure that— (A) substantial weight is given to community input throughout the planning process, including in establishing goals and determining priority projects; and (B) there is documentation of the extent to which community input is incorporated or the reasons for not incorporating community input; (3) ensure that all strategies described in paragraph (1)(B)(iii) are broadly accessible to people with disabilities in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and (4) provide, in accessible formats that are easily understandable to the public, access to information including, at a minimum— (A) data about travel patterns and demand, including data relating to induced demand and multimodal accessibility; (B) any performance targets established pursuant to section 150 of title 23, United States Code, the achievement of which might be impacted by any projects or priorities under consideration; and (C) the impacts of transportation priorities set and projects under consideration on specific neighborhoods and communities, including disparate impacts on traditionally disadvantaged communities. (f) Reports \n(1) Report to Secretary \nAfter carrying out all activities with a grant under the pilot program, each eligible partnership shall submit to the Secretary a report that describes— (A) the activities that were carried out with the grant funds; (B) the effect on community engagement on the activities carried out with the grant funds; and (C) the extent of cooperation between the community-based organization and the 1 or more local transportation planning agencies in the eligible partnership. (2) Report to Congress \nNot later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the pilot program, including— (A) lessons learned with respect to community engagement in transportation planning; and (B) recommendations for future Federal support of community engagement efforts in transportation planning. (g) Publication \nThe Secretary shall make publicly available on the website of the Department of Transportation— (1) public engagement reports submitted by eligible partnerships under subsection (e)(1); (2) reports submitted to the Secretary under subsection (f)(1); and (3) the report submitted to Congress under subsection (f)(2). (h) Maximum amount \nA grant under the pilot program shall be not more than $400,000. (i) Authorization of appropriations \nThere is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the pilot program $4,200,000 for fiscal year 2022, to remain available until expended.",
"id": "idec855fe815fb40eb85d9474c3e42caa8",
"header": "Community-driven decision-making pilot program"
}
] | 1 | 1. Community-driven decision-making pilot program
(a) Definitions
In this section: (1) Community-based organization
The term community-based organization means a private, locally initiated, community-based organization that— (A) is a nonprofit organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (B) has a Board of Directors that represent a majority of residents of the area served by the organization. (2) Eligible partnership
The term eligible partnership means a partnership between— (A) 1 or more local transportation planning agencies, including at least 1 of— (i) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (ii) a regional transportation planning organization designated under section 135(m) of title 23, United States Code; (iii) a municipal corporation; (iv) a county; or (v) any other unit of local government; and (B) a community-based organization. (3) Pilot program
The term pilot program means the community-driven decision-making pilot program established under subsection (b)(1). (4) Secretary
The term Secretary means the Secretary of Transportation. (b) Establishment
(1) In general
The Secretary shall establish a community-driven decision-making pilot program to provide grants to eligible partnerships. (2) Purpose
The purpose of the pilot program shall be to demonstrate enhanced community-based decision making in the transportation planning process by supporting partnerships between local transportation planning agencies and community-based organizations which will serve as models for other communities to deepen and strengthen community engagement in transportation planning processes. (c) Applications
To be eligible to receive a grant under the pilot program, an eligible partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible costs
(1) In general
An eligible partnership that receives a grant under the pilot program may use the grant funds for— (A) personnel costs, including costs— (i) to support employees of the community-based organization to enable the organization to engage with the community during the transportation planning process; and (ii) to support employees of the local transportation planning agency in conducting more robust public engagement; (B) materials and technology to support community engagement, including physical and digital presentation of data and polling; (C) training for personnel to improve the ability of the personnel to pursue and incorporate public input in the transportation planning process; (D) training for the community-based organization and residents of the community in the basics of transportation planning; (E) facilitation of public meetings, including publicity, food, and provision of childcare; (F) stipends for community participants for expenses relating to engagement in the transportation planning process; and (G) hiring and training of street teams to engage in public outreach relating to the transportation planning process, including the use of questionnaires and the solicitation of ongoing feedback. (2) Administrative costs
An eligible partnership may use not more than 5 percent of the funds from a grant under the pilot program for administrative costs. (3) Limitation
A community-based organization that is part of an eligible partnership that receives a grant under the pilot program shall only carry out activities under the pilot program relating to community engagement and outreach. (e) Requirements
An eligible partnership that receives a grant under the pilot program shall— (1) submit to the Secretary a public engagement plan that— (A) provides a direct role for community members in determining the priorities for and outcomes of a transportation planning process that will impact the community; and (B) includes— (i) a description of how the eligible partnership will provide an increase in capacity for the community-based organization for 1 or more employees to engage directly in the transportation planning process; (ii) a description of how the eligible partnership will provide dedicated personnel within the local transportation planning agency for engagement with the community-based organization partner and for solicitation and incorporation of community input; and (iii) specific and detailed strategies to ensure broad and equitable community input from traditionally underrepresented members of the community, especially low-income residents and people of color; (2) ensure that— (A) substantial weight is given to community input throughout the planning process, including in establishing goals and determining priority projects; and (B) there is documentation of the extent to which community input is incorporated or the reasons for not incorporating community input; (3) ensure that all strategies described in paragraph (1)(B)(iii) are broadly accessible to people with disabilities in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and (4) provide, in accessible formats that are easily understandable to the public, access to information including, at a minimum— (A) data about travel patterns and demand, including data relating to induced demand and multimodal accessibility; (B) any performance targets established pursuant to section 150 of title 23, United States Code, the achievement of which might be impacted by any projects or priorities under consideration; and (C) the impacts of transportation priorities set and projects under consideration on specific neighborhoods and communities, including disparate impacts on traditionally disadvantaged communities. (f) Reports
(1) Report to Secretary
After carrying out all activities with a grant under the pilot program, each eligible partnership shall submit to the Secretary a report that describes— (A) the activities that were carried out with the grant funds; (B) the effect on community engagement on the activities carried out with the grant funds; and (C) the extent of cooperation between the community-based organization and the 1 or more local transportation planning agencies in the eligible partnership. (2) Report to Congress
Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the pilot program, including— (A) lessons learned with respect to community engagement in transportation planning; and (B) recommendations for future Federal support of community engagement efforts in transportation planning. (g) Publication
The Secretary shall make publicly available on the website of the Department of Transportation— (1) public engagement reports submitted by eligible partnerships under subsection (e)(1); (2) reports submitted to the Secretary under subsection (f)(1); and (3) the report submitted to Congress under subsection (f)(2). (h) Maximum amount
A grant under the pilot program shall be not more than $400,000. (i) Authorization of appropriations
There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the pilot program $4,200,000 for fiscal year 2022, to remain available until expended. | 7,368 |
117s4636is | 117 | s | 4,636 | is | To amend the Immigration and Nationality Act to permanently bar aliens who are ordered removed after failing to appear at a removal proceeding, absent exceptional circumstances, from becoming permanent residents of the United States. | [
{
"text": "1. Short title \nThis Act may be cited as the Asylum Accountability Act.",
"id": "ida3d17ff471174f1780c2e8b23b79c0be",
"header": "Short title"
},
{
"text": "2. Permanent ineligibility for adjustment of status after failure to appear at removal proceeding \nSection 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking for a period of 10 years after the date of the entry of the final order of removal.",
"id": "id43F9B6A5A5EB4DA3BFB681EEDC4DBE82",
"header": "Permanent ineligibility for adjustment of status after failure to appear at removal proceeding"
}
] | 2 | 1. Short title
This Act may be cited as the Asylum Accountability Act. 2. Permanent ineligibility for adjustment of status after failure to appear at removal proceeding
Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking for a period of 10 years after the date of the entry of the final order of removal. | 359 |
117s801is | 117 | s | 801 | is | To identify and address barriers to coverage of remote physiologic devices under State Medicaid programs to improve maternal and child health outcomes for pregnant and postpartum women. | [
{
"text": "1. Short title \nThis Act may be cited as the Connected Maternal Online Monitoring Act or the Connected MOM Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid \n(a) Report to Congress \nNot later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing information on authorities and State practices for covering remote physiological monitoring devices, including limitations and barriers to such coverage and the impact on maternal health outcomes, and to the extent appropriate, recommendations on how to address such limitations or barriers related to coverage of remote physiologic devices under State Medicaid programs, including, but not limited to, pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors, with the goal of improving maternal and child health outcomes for pregnant and postpartum women enrolled in State Medicaid programs. (b) State resources \nNot later than 6 months after the submission of the report required by subsection (a), the Secretary shall update resources for State Medicaid programs, such as State Medicaid telehealth toolkits, to be consistent with the recommendations provided in such report.",
"id": "idb9bcf1233beb4806b106c67d1cf74725",
"header": "Coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid"
}
] | 2 | 1. Short title
This Act may be cited as the Connected Maternal Online Monitoring Act or the Connected MOM Act. 2. Coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid
(a) Report to Congress
Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing information on authorities and State practices for covering remote physiological monitoring devices, including limitations and barriers to such coverage and the impact on maternal health outcomes, and to the extent appropriate, recommendations on how to address such limitations or barriers related to coverage of remote physiologic devices under State Medicaid programs, including, but not limited to, pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors, with the goal of improving maternal and child health outcomes for pregnant and postpartum women enrolled in State Medicaid programs. (b) State resources
Not later than 6 months after the submission of the report required by subsection (a), the Secretary shall update resources for State Medicaid programs, such as State Medicaid telehealth toolkits, to be consistent with the recommendations provided in such report. | 1,303 |
117s1903is | 117 | s | 1,903 | is | To require the Administrator of the Environmental Protection Agency to revise certain ethylene oxide emissions standards under the Clean Air Act, and for other purposes. | [
{
"text": "1. Ethylene oxide emissions standards \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall amend subpart O of part 63 of title 40, Code of Federal Regulations— (1) to revise the standards for the emission of ethylene oxide under that subpart based on the results described in the report of the National Center for Environmental Assessment of the Environmental Protection Agency entitled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide and dated December 2016; (2) to apply maximum achievable control technology (within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq.)) requirements to chamber exhaust vents; and (3) to apply to area sources and major sources (as those terms are defined in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) )) of ethylene oxide. (b) Residual risk review \nNot later than 180 days after the date on which the Administrator finalizes the revised standards required under subsection (a), the Administrator shall carry out a residual risk assessment pursuant to section 112(f)(2) of the Clean Air Act ( 42 U.S.C. 7412(f)(2) ) with respect to the revised standards. (c) Notification \n(1) In general \nNot later than 30 days after the Administrator learns of a violation of the standards revised under subsection (a), the Administrator shall notify the public of the violation in a manner determined to be appropriate by the Administrator. (2) Failure to notify \nIf the Administrator fails to notify the public under paragraph (1) by the end of the period described in that paragraph, the Inspector General of the Environmental Protection Agency shall carry out an investigation to determine— (A) the reason or reasons for which the Administrator failed to notify the public; (B) the public health risks associated with the failure of the Administrator to notify the public; and (C) any steps the Administrator should take to ensure the Administrator meets the requirements described in paragraph (1) in the future.",
"id": "S1",
"header": "Ethylene oxide emissions standards"
}
] | 1 | 1. Ethylene oxide emissions standards
(a) In general
Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall amend subpart O of part 63 of title 40, Code of Federal Regulations— (1) to revise the standards for the emission of ethylene oxide under that subpart based on the results described in the report of the National Center for Environmental Assessment of the Environmental Protection Agency entitled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide and dated December 2016; (2) to apply maximum achievable control technology (within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq.)) requirements to chamber exhaust vents; and (3) to apply to area sources and major sources (as those terms are defined in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) )) of ethylene oxide. (b) Residual risk review
Not later than 180 days after the date on which the Administrator finalizes the revised standards required under subsection (a), the Administrator shall carry out a residual risk assessment pursuant to section 112(f)(2) of the Clean Air Act ( 42 U.S.C. 7412(f)(2) ) with respect to the revised standards. (c) Notification
(1) In general
Not later than 30 days after the Administrator learns of a violation of the standards revised under subsection (a), the Administrator shall notify the public of the violation in a manner determined to be appropriate by the Administrator. (2) Failure to notify
If the Administrator fails to notify the public under paragraph (1) by the end of the period described in that paragraph, the Inspector General of the Environmental Protection Agency shall carry out an investigation to determine— (A) the reason or reasons for which the Administrator failed to notify the public; (B) the public health risks associated with the failure of the Administrator to notify the public; and (C) any steps the Administrator should take to ensure the Administrator meets the requirements described in paragraph (1) in the future. | 2,115 |
117s1058is | 117 | s | 1,058 | is | To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Rural Capital Access Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act— (1) the term Administration means the Small Business Administration; (2) the term Administrator means the Administrator of the Administration; (3) the term appropriate committees of Congress means— (A) the Committee on Small Business and Entrepreneurship of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Small Business of the House of Representatives; and (D) the Committee on Agriculture of the House of Representatives; (4) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); (5) the term Secretary means the Secretary of Agriculture; and (6) the term working group means the interagency working group established under section 4(a).",
"id": "id4FA1526817514DD7981F304D86380496",
"header": "Definitions"
},
{
"text": "3. Rural business investment \n(a) In general \nThe Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq.) is amended— (1) in part A of title III ( 15 U.S.C. 681 et seq.)— (A) in section 303(b)(2) ( 15 U.S.C. 683(b)(2) ), by adding at the end the following: (E) Investments in rural areas \n(i) Definition \nIn this subparagraph, the term rural area has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (ii) Additional leverage \n(I) In general \nIn calculating the outstanding leverage of a company for the purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any equity investment made by the company in a smaller enterprise located in a rural area if the Administrator, after performing an appropriate evaluation, determines that such an exclusion will not result in additional risk to the Administration or the Federal Government. (II) Limitation \nThe amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year. ; (B) in section 308(g)(3) ( 15 U.S.C. 687(g)(3) )— (i) in subparagraph (D), by striking and at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ; (C) in section 310(d)(1)(A) ( 15 U.S.C. 687b(d)(1)(A) ), by inserting (including each rural business investment company that receives leverage under section 321) after Each licensee ; and (D) by adding at the end the following: 321. Rural business investment companies \n(a) Definitions \nIn this section— (1) the term covered amounts means, with respect to a fiscal year, the amounts made available for that fiscal year to grant leverage under this part to small business investment companies; (2) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); and (3) the term Secretary means the Secretary of Agriculture. (b) Leverage \n(1) In general \nSubject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. (2) Conditions \nWith respect to leverage granted by the Administration to a rural business investment company under paragraph (1)— (A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); (B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.) shall be included when determining the maximum amount of outstanding leverage that may be made available to the rural business investment company under this section; and (C) the Administration, in consultation with the Secretary, shall— (i) impose such terms and conditions with respect to the leverage that the Administration and the Secretary determine to be appropriate; and (ii) in developing the terms and conditions described in clause (i)— (I) ensure, to the maximum extent practicable, that those terms and conditions are not— (aa) duplicative of other requirements applicable to rural business investment companies; or (bb) otherwise unnecessary; and (II) take into consideration how rural business investment companies that have been issued a license by the Secretary under section 384D(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–3(e) ) before the date of enactment of this section could qualify to receive that leverage. (c) Internal evaluation \nNot later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ; and (2) in section 503(g) ( 15 U.S.C. 697(g) ), by inserting , and with respect to leverage granted under section 321, after retained by the Administration under this section. (b) SBA requirements \n(1) Establishment of application process \nNot later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules \nNot later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section.",
"id": "idBEC851CB21544B0591DCC1FF2B98E572",
"header": "Rural business investment"
},
{
"text": "321. Rural business investment companies \n(a) Definitions \nIn this section— (1) the term covered amounts means, with respect to a fiscal year, the amounts made available for that fiscal year to grant leverage under this part to small business investment companies; (2) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); and (3) the term Secretary means the Secretary of Agriculture. (b) Leverage \n(1) In general \nSubject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. (2) Conditions \nWith respect to leverage granted by the Administration to a rural business investment company under paragraph (1)— (A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); (B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.) shall be included when determining the maximum amount of outstanding leverage that may be made available to the rural business investment company under this section; and (C) the Administration, in consultation with the Secretary, shall— (i) impose such terms and conditions with respect to the leverage that the Administration and the Secretary determine to be appropriate; and (ii) in developing the terms and conditions described in clause (i)— (I) ensure, to the maximum extent practicable, that those terms and conditions are not— (aa) duplicative of other requirements applicable to rural business investment companies; or (bb) otherwise unnecessary; and (II) take into consideration how rural business investment companies that have been issued a license by the Secretary under section 384D(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–3(e) ) before the date of enactment of this section could qualify to receive that leverage. (c) Internal evaluation \nNot later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made.",
"id": "idEA0003DF95E94D58980EDE530C47AFB9",
"header": "Rural business investment companies"
},
{
"text": "4. Interagency working group \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop— (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq.) and the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.), respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. (b) Members \n(1) In general \nThe Administrator, in consultation with the Secretary, shall appoint to the working group such representatives from the Administration and the Department of Agriculture, and such non-Federal industry stakeholders, as the Administrator, in consultation with the Secretary, determines to be appropriate. (2) Compensation \nNo member of the working group may receive any compensation by reason of the service of the member on the working group. (c) Report to Congress \nNot later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains— (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. (d) Termination \nThe working group shall terminate upon submission of the report required under subsection (c). (e) Implementation of recommendations \nNot later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (f) Inapplicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the working group or the activities of the working group.",
"id": "idBE891E92CAF84FB797765FFA22D4F3A5",
"header": "Interagency working group"
}
] | 5 | 1. Short title
This Act may be cited as the Rural Capital Access Act. 2. Definitions
In this Act— (1) the term Administration means the Small Business Administration; (2) the term Administrator means the Administrator of the Administration; (3) the term appropriate committees of Congress means— (A) the Committee on Small Business and Entrepreneurship of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Small Business of the House of Representatives; and (D) the Committee on Agriculture of the House of Representatives; (4) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); (5) the term Secretary means the Secretary of Agriculture; and (6) the term working group means the interagency working group established under section 4(a). 3. Rural business investment
(a) In general
The Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq.) is amended— (1) in part A of title III ( 15 U.S.C. 681 et seq.)— (A) in section 303(b)(2) ( 15 U.S.C. 683(b)(2) ), by adding at the end the following: (E) Investments in rural areas
(i) Definition
In this subparagraph, the term rural area has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (ii) Additional leverage
(I) In general
In calculating the outstanding leverage of a company for the purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any equity investment made by the company in a smaller enterprise located in a rural area if the Administrator, after performing an appropriate evaluation, determines that such an exclusion will not result in additional risk to the Administration or the Federal Government. (II) Limitation
The amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year. ; (B) in section 308(g)(3) ( 15 U.S.C. 687(g)(3) )— (i) in subparagraph (D), by striking and at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ; (C) in section 310(d)(1)(A) ( 15 U.S.C. 687b(d)(1)(A) ), by inserting (including each rural business investment company that receives leverage under section 321) after Each licensee ; and (D) by adding at the end the following: 321. Rural business investment companies
(a) Definitions
In this section— (1) the term covered amounts means, with respect to a fiscal year, the amounts made available for that fiscal year to grant leverage under this part to small business investment companies; (2) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); and (3) the term Secretary means the Secretary of Agriculture. (b) Leverage
(1) In general
Subject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. (2) Conditions
With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)— (A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); (B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.) shall be included when determining the maximum amount of outstanding leverage that may be made available to the rural business investment company under this section; and (C) the Administration, in consultation with the Secretary, shall— (i) impose such terms and conditions with respect to the leverage that the Administration and the Secretary determine to be appropriate; and (ii) in developing the terms and conditions described in clause (i)— (I) ensure, to the maximum extent practicable, that those terms and conditions are not— (aa) duplicative of other requirements applicable to rural business investment companies; or (bb) otherwise unnecessary; and (II) take into consideration how rural business investment companies that have been issued a license by the Secretary under section 384D(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–3(e) ) before the date of enactment of this section could qualify to receive that leverage. (c) Internal evaluation
Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ; and (2) in section 503(g) ( 15 U.S.C. 697(g) ), by inserting , and with respect to leverage granted under section 321, after retained by the Administration under this section. (b) SBA requirements
(1) Establishment of application process
Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules
Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. 321. Rural business investment companies
(a) Definitions
In this section— (1) the term covered amounts means, with respect to a fiscal year, the amounts made available for that fiscal year to grant leverage under this part to small business investment companies; (2) the term rural business investment company has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc ); and (3) the term Secretary means the Secretary of Agriculture. (b) Leverage
(1) In general
Subject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. (2) Conditions
With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)— (A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); (B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.) shall be included when determining the maximum amount of outstanding leverage that may be made available to the rural business investment company under this section; and (C) the Administration, in consultation with the Secretary, shall— (i) impose such terms and conditions with respect to the leverage that the Administration and the Secretary determine to be appropriate; and (ii) in developing the terms and conditions described in clause (i)— (I) ensure, to the maximum extent practicable, that those terms and conditions are not— (aa) duplicative of other requirements applicable to rural business investment companies; or (bb) otherwise unnecessary; and (II) take into consideration how rural business investment companies that have been issued a license by the Secretary under section 384D(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–3(e) ) before the date of enactment of this section could qualify to receive that leverage. (c) Internal evaluation
Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. 4. Interagency working group
(a) Establishment
Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop— (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq.) and the program carried out under subtitle H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc et seq.), respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. (b) Members
(1) In general
The Administrator, in consultation with the Secretary, shall appoint to the working group such representatives from the Administration and the Department of Agriculture, and such non-Federal industry stakeholders, as the Administrator, in consultation with the Secretary, determines to be appropriate. (2) Compensation
No member of the working group may receive any compensation by reason of the service of the member on the working group. (c) Report to Congress
Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains— (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. (d) Termination
The working group shall terminate upon submission of the report required under subsection (c). (e) Implementation of recommendations
Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (f) Inapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the working group or the activities of the working group. | 11,716 |
117s3149is | 117 | s | 3,149 | is | To direct the Secretary of Health and Human Services to establish within the Office of the Director of the Centers for Disease Control and Prevention the Office of Rural Health, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Rural Health Equity Act.",
"id": "H7CB2A94F6A26408DB507E4A8DA0CFCD5",
"header": "Short title"
},
{
"text": "2. CDC Office of Rural Health \n(a) In general \nThe Secretary shall establish within the Office of the Director of the Centers for Disease Control and Prevention an office to be known as the Office of Rural Health , to be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. (b) Duties \nThe Director of the Office shall— (1) serve as the primary point of contact in the Centers for Disease Control and Prevention on matters pertaining to rural health; (2) assist the Secretary in conducting, coordinating, and promoting research regarding public health issues affecting rural populations, and in disseminating the results of such research; (3) work with all personnel and offices of the Centers for Disease Control and Prevention to develop, refine, coordinate, and promulgate policies, best practices, lessons learned, and innovative, successful programs to improve care, services, and social determinants of health for populations who reside in rural areas of the United States; (4) coordinate and support rural health research, conduct and support educational outreach, and disseminate evidence-based interventions related to health outcomes, access to health care, and lifestyle challenges, to prevent death, disease, injury, and disability, and promote healthy behaviors, in rural populations, including rural minority and LGBTQ populations; (5) improve the understanding of the challenges faced by rural populations; (6) identify disparities in the availability of health care and public health interventions for populations living in rural areas; (7) administer grants, cooperative agreements, and contracts to provide technical assistance and other activities as necessary to support activities related to improving health and health care in rural areas; and (8) perform such other functions and duties as the Secretary determines appropriate. (c) Definitions \nIn this section: (1) The term Office , except as otherwise specified, means the Office of Rural Health established pursuant to subsection (a). (2) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and each subsequent fiscal year.",
"id": "id7A1C36F962CA4BA38DC76A83972BA785",
"header": "CDC Office of Rural Health"
}
] | 2 | 1. Short title
This Act may be cited as the Rural Health Equity Act. 2. CDC Office of Rural Health
(a) In general
The Secretary shall establish within the Office of the Director of the Centers for Disease Control and Prevention an office to be known as the Office of Rural Health , to be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. (b) Duties
The Director of the Office shall— (1) serve as the primary point of contact in the Centers for Disease Control and Prevention on matters pertaining to rural health; (2) assist the Secretary in conducting, coordinating, and promoting research regarding public health issues affecting rural populations, and in disseminating the results of such research; (3) work with all personnel and offices of the Centers for Disease Control and Prevention to develop, refine, coordinate, and promulgate policies, best practices, lessons learned, and innovative, successful programs to improve care, services, and social determinants of health for populations who reside in rural areas of the United States; (4) coordinate and support rural health research, conduct and support educational outreach, and disseminate evidence-based interventions related to health outcomes, access to health care, and lifestyle challenges, to prevent death, disease, injury, and disability, and promote healthy behaviors, in rural populations, including rural minority and LGBTQ populations; (5) improve the understanding of the challenges faced by rural populations; (6) identify disparities in the availability of health care and public health interventions for populations living in rural areas; (7) administer grants, cooperative agreements, and contracts to provide technical assistance and other activities as necessary to support activities related to improving health and health care in rural areas; and (8) perform such other functions and duties as the Secretary determines appropriate. (c) Definitions
In this section: (1) The term Office , except as otherwise specified, means the Office of Rural Health established pursuant to subsection (a). (2) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and each subsequent fiscal year. | 2,445 |
117s4653rs | 117 | s | 4,653 | rs | To provide for certain authorities of the Department of State, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Department of State Authorization Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report.",
"id": "S1",
"header": "Short title; table of contents"
},
{
"text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department \nUnless otherwise specified, the term Department means the Department of State. (4) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of State. (5) USAID \nThe term USAID means the United States Agency for International Development.",
"id": "id01A1E6D69C2B438E821BA8E85750AA00",
"header": "Definitions"
},
{
"text": "101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation \nIt is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons.",
"id": "id5f92d9a42efb440c9e08985ed9caccd4",
"header": "Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation"
},
{
"text": "102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad \nSection 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress \n(1) In general \nUpon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form \nThe notification described in paragraph (1)(B) may be classified, if necessary..",
"id": "id26989bc32dca445daee45edca77eab8a",
"header": "Notification to Congress for United States nationals unlawfully or wrongfully detained abroad"
},
{
"text": "103. Family Engagement Coordinator \nSection 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator \nThere shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2)..",
"id": "id73a24eb7348a4f00b3e8cf4ad21cd394",
"header": "Family Engagement Coordinator"
},
{
"text": "104. Rewards for Justice \nSection 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country..",
"id": "id21ee7f2f601642b38366c427938ba003",
"header": "Rewards for Justice"
},
{
"text": "105. Ensuring geographic diversity and accessibility of passport agencies \n(a) Sense of Congress \nIt is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review \nThe Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations \nThe Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b).",
"id": "id7420348ed2b74ab0b3df30bf974829a8",
"header": "Ensuring geographic diversity and accessibility of passport agencies"
},
{
"text": "106. Cultural Antiquities Task Force \nThe Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force.",
"id": "id44FD19A5214F4AAEA7830CB6B9F7FDD7",
"header": "Cultural Antiquities Task Force"
},
{
"text": "201. Department of State paid Student Internship Program \n(a) In general \nThe Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility \nAn applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection \nThe Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach \nThe Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation \n(1) Housing assistance \n(A) Abroad \nThe Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic \nThe Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance \nThe Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education \nThe Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period \n(1) In general \nExcept as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception \nThe transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver \n(A) In general \nThe Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report \nThe report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports \nNot later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation \n(1) In general \nNothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection \nAny data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority \nNotwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations \nInternships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs.",
"id": "idbe1443ee3bf94e298af5020be76b4bcd",
"header": "Department of State paid Student Internship Program"
},
{
"text": "202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation \n(a) Coordination with other agencies \nThe Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action \n(1) Separation for cause \nSection 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual \nThe Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates \n(1) Placement \nThe Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.",
"id": "id174109b4453d48a4b82b4ce1d191227b",
"header": "Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation"
},
{
"text": "203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements \nSection 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000.",
"id": "id7d2880dbf7dd45a3ac2f6feea5f22d37",
"header": "Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements"
},
{
"text": "204. Additional personnel to address backlogs in hiring and investigations \n(a) In general \nThe Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets \nThe Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.",
"id": "idf9718198e986461f9e5dde151c253df9",
"header": "Additional personnel to address backlogs in hiring and investigations"
},
{
"text": "205. Commission on Reform and Modernization of the Department of State \n(a) Short title \nThis section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission \nThere is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes \nThe purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership \n(1) Composition \nThe Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings \n(A) Membership \nThe members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation \nNot more than 4 members of the Commission may be from the same political party. (C) Meetings \n(i) Initial meeting \nThe Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency \nThe Commission shall meet at the call of the co-chairs. (iii) Quorum \nFive members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies \nAny vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission \n(1) In general \nThe Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels \nThe Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation \nAny member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission \n(1) Hearings and evidence \nThe Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts \nThe Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies \n(A) In general \nThe Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information \nEach department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling \nInformation may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies \n(A) Secretary of State \nThe Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies \nOther Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation \nThe Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations \n(A) In general \nIn order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication \nIn analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation \nNot less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation \n(1) Staff \n(A) Compensation \nThe co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees \nA Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services \nThe co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members \n(A) Compensation \n(i) In general \nExcept as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions \nSubsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses \nWhile away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff \nThe appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements \nThe report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response \nThe Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission \n(1) In general \nThe Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability \nAmounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions \n(1) Federal advisory committee act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act \nThe provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission.",
"id": "id65e99f391c7c495690daaef7321ee6cb",
"header": "Commission on Reform and Modernization of the Department of State"
},
{
"text": "206. Foreign affairs training \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term \nIn this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization \nIn order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships \nThe Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute \n(1) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties \nThe Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership \n(A) In general \nThe Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications \nMembers of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise \nNot fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms \nEach member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement \nA member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson \n(A) Approval \nThe Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service \nThe Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings \nThe Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation \nEach member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute \n(1) Establishment \nThere is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting \nThe Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications \nThe Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties \nThe Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term \nThe Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation \nThe Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff \n(1) Other agencies \nNational security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements \nThe strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources \nIn establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements \n(1) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing \nNot later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program \n(1) Authorization \nThe Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management \n(1) Sense of congress \nIt is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report \n(A) In general \nIn order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report \nNot later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data \nThe data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs \nIt is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations.",
"id": "id46E07BBBF4F04329BDDD2A4D906DC8C2",
"header": "Foreign affairs training"
},
{
"text": "207. Security clearance approval process \n(a) Recommendations \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report \nNot later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies.",
"id": "id5c9da7d0a0e34a788cae3ed807102741",
"header": "Security clearance approval process"
},
{
"text": "208. Addendum for study on foreign service allowances \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements \nThe addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season.",
"id": "id2067d49bb416452b8eab418b58ddc214",
"header": "Addendum for study on foreign service allowances"
},
{
"text": "209. Curtailments, removals from post, and waivers of privileges and immunities \n(a) Curtailments report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents \nThe Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats \nNot later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities \nNot later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.",
"id": "id431d775552204caba5f5b43dffa79419",
"header": "Curtailments, removals from post, and waivers of privileges and immunities"
},
{
"text": "210. Report on worldwide availability \n(a) In general \nNot later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents \nThe report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances.",
"id": "id054a3ab884c344d7ac24b513c25c47f8",
"header": "Report on worldwide availability"
},
{
"text": "211. Professional development \n(a) Requirements \nThe Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described \nProfessional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts \nThe Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments.",
"id": "idf5e6b712b93a4596a3c035fda5148eb7",
"header": "Professional development"
},
{
"text": "212. Management assessments at diplomatic and consular posts \n(a) In general \nBeginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity \nAll responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey \nThe survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations \nUpon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral \nIf the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report \nThe Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis \nThe Secretary shall carry out the surveys required under this section on an initial basis for 5 years.",
"id": "H3E31892432944A94A9091CFCF4E6092C",
"header": "Management assessments at diplomatic and consular posts"
},
{
"text": "301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999 \n(a) Short title \nThis section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings \nCongress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress \nIt is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility \nSection 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities \n(1) Guidance for closure of public diplomacy facilities \nSection 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general \nIn order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities \nSection 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general \nSubject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement \n(i) In general \nEach newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement \nEach facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (III) in clause (iii), by striking an annual and inserting a quarterly.",
"id": "id20514a6f311845969eb0d7a2260632b0",
"header": "Amendments to Secure Embassy Construction and Counterterrorism Act of 1999"
},
{
"text": "603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.",
"id": "idc889b8ac883b4ca6b35780269046831a",
"header": "United States diplomatic facility defined"
},
{
"text": "302. Diplomatic support and security \n(a) Short title \nThis section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings \nCongress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy \n(1) Purpose \nSection 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security \nSection 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees \n(1) In general \nSection 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee \nIn any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition \nThe Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general \nThe Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations \nIn the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking \nThe Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general \nThe Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification \nWhenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments \nSection 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process \nSection 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee \nSection 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings \nSection 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries \nNothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary..",
"id": "id2A4FD5775E8142B28A39694706C208B3",
"header": "Diplomatic support and security"
},
{
"text": "303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.",
"id": "id85c5934e839e493caa2a1364cc10f9a8",
"header": "Serious Security Incident investigation process"
},
{
"text": "304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.",
"id": "idafc760eb2f4f47508553d256b264bbe0",
"header": "Security Review Committee findings and report"
},
{
"text": "401. Report on barriers to applying for employment with the Department of State \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process.",
"id": "id49f5c36b55c34064a65880909e87dd4b",
"header": "Report on barriers to applying for employment with the Department of State"
},
{
"text": "402. Collection, analysis, and dissemination of workforce data \n(a) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data \nThe report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts \nThe report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report \n(1) In general \nNot later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report \nThe report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable.",
"id": "id8dfe98179afb460bb4d01337beb8e51b",
"header": "Collection, analysis, and dissemination of workforce data"
},
{
"text": "403. Centers of Excellence in Foreign Affairs and Assistance \n(a) Purpose \nThe purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study \n(1) In general \nThe Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve historically underrepresented populations to focus on 1 or more of the areas described in paragraph (2). (2) Elements \nIn conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b).",
"id": "id17a3f9c18a254ccfba53000886eb62f7",
"header": "Centers of Excellence in Foreign Affairs and Assistance"
},
{
"text": "501. United States international cyberspace policy \n(a) In general \nIt is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation \nIn implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices.",
"id": "idF91F3B7A613A47629E7A804497073310",
"header": "United States international cyberspace policy"
},
{
"text": "502. Bureau of Cyberspace and Digital Policy \n(a) In general \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy \n(1) In general \nThere is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties \n(A) In general \nThe head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described \nThe principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications \nThe head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement \n(A) Initial placement \nExcept as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement \nThe head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities \nThe Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction \nNothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress \nIt is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations \nThe Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a).",
"id": "idF5338E5AF7444B2593C0F060642DFEAB",
"header": "Bureau of Cyberspace and Digital Policy"
},
{
"text": "503. International cyberspace and digital policy strategy \n(a) Strategy required \nNot later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements \nThe strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy \n(1) Public availability \nThe strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex \nThe strategy required under subsection (a) may include a classified annex. (d) Briefing \nNot later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates \nThe strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President.",
"id": "id3EC17C28EC2545A48122B082EDA0486B",
"header": "International cyberspace and digital policy strategy"
},
{
"text": "504. Government Accountability Office report on cyber diplomacy \nNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant.",
"id": "idBD9306586C254F07AA8D993D4785E195",
"header": "Government Accountability Office report on cyber diplomacy"
},
{
"text": "505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section.",
"id": "id17A85FEBA52645A18E0D724CCFF6764F",
"header": "Report on diplomatic programs to detect and respond to cyber threats against allies and partners"
},
{
"text": "506. Cybersecurity recruitment and retention \n(a) Sense of Congress \nIt is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition \n(1) Establishment \nThe Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals \nThe goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations \nThere is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals \nTo increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay.",
"id": "id7EF74E09463047B3B671654C1D9D4904",
"header": "Cybersecurity recruitment and retention"
},
{
"text": "507. Short course on emerging technologies for senior officials \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives \nThe Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course.",
"id": "idA5913309BF0A4C61917B106ED3E92925",
"header": "Short course on emerging technologies for senior officials"
},
{
"text": "508. Establishment and expansion of Regional Technology Officer Program \n(a) Regional Technology Officer Program \n(1) Establishment \nThe Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals \nThe goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section.",
"id": "idD0594EE3B2644768B9C1B8873F3EB2A8",
"header": "Establishment and expansion of Regional Technology Officer Program"
},
{
"text": "509. Vulnerability disclosure policy and bug bounty program report \n(a) Definitions \nIn this section: (1) Bug bounty program \nThe term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology \nThe term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports \nNot later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report \nNot later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems.",
"id": "idB92F9B167A6444F7BC9636EF6440BFC0",
"header": "Vulnerability disclosure policy and bug bounty program report"
},
{
"text": "601. United States participation in international fairs and expositions \n(a) In general \nNotwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds \nSenior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations \nThere is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits.",
"id": "id045F6F368AE54659BA162D11B69610A3",
"header": "United States participation in international fairs and expositions"
},
{
"text": "602. Press freedom curriculum \nThe Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.",
"id": "idC8624A87BA4A427CAFFA9BD365E951FF",
"header": "Press freedom curriculum"
},
{
"text": "603. Global Engagement Center \n(a) In general \nSection 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center \nNotwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates.",
"id": "id26EFA5235FC948ABAFC43EA64B80A751",
"header": "Global Engagement Center"
},
{
"text": "604. Under Secretary for Public Diplomacy \nSection 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus..",
"id": "idE61FD85112054FF19D896A97B6322334",
"header": "Under Secretary for Public Diplomacy"
},
{
"text": "701. Supporting the employment of United States citizens by international organizations \n(a) In general \nThe Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations \nAmounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (a).",
"id": "id550B4FB455ED4F7F9CE4DBCFD237207F",
"header": "Supporting the employment of United States citizens by international organizations"
},
{
"text": "702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations \n(a) Additional employees \nSection 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41. (b) Health systems and resilience fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund. (2) Authorization of appropriations \nThere is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended.",
"id": "idc72094df05e44377874e2b6475e660c8",
"header": "Increasing housing availability for certain employees assigned to the United States Mission to the United Nations"
},
{
"text": "703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nThe United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council..",
"id": "id84d398e22ce54f79b1e47d3a26d9ecd2",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.",
"id": "id0bd201b880f04a0abd3cba5180027a4c",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund \nThe United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee..",
"id": "id9d229c3408f943c48dcdccb117228443",
"header": "Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund"
},
{
"text": "307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee.",
"id": "id229A3F538189412FB83DC240242B7834",
"header": "Grantee corporate boards of directors"
},
{
"text": "705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation \nSection 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed.",
"id": "id32be0ad4e7914764b10e4e1029933156",
"header": "Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation"
},
{
"text": "706. International broadcasting activities \nSection 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,.",
"id": "idC7541D1180844B4896220B8A3213D074",
"header": "International broadcasting activities"
},
{
"text": "707. Global internet freedom \n(a) Statement of policy \nIt is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs \nGlobal internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations \nThere are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities \n(1) Annual certification \nFor any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing \nThe Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media \nThe Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report \nNot later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report \nNot later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits \nBefore providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge \n(1) Authorization of appropriations \nSubject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification \nAmounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term \nIn this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.",
"id": "id48ac123bd1f3404e9c83ab30615ee193",
"header": "Global internet freedom"
},
{
"text": "708. Arms Export Control Act alignment with the Export Control Reform Act \nSection 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed..",
"id": "id7E01FB709CF045EDBDA10745D5702C0A",
"header": "Arms Export Control Act alignment with the Export Control Reform Act"
},
{
"text": "709. Increasing the maximum annual lease payment available without approval by the Secretary \nSection 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000.",
"id": "idD616DA57103B4E59941A88F6320566C5",
"header": "Increasing the maximum annual lease payment available without approval by the Secretary"
},
{
"text": "710. Report on United States access to critical mineral resources abroad \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.",
"id": "id41C43BFBEADA46E0BAE5313F894CACA1",
"header": "Report on United States access to critical mineral resources abroad"
},
{
"text": "711. Ensuring the integrity of communications cooperation \n(a) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination \nNotwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner.",
"id": "idF1448CD7EAC045059B41BD98E3C98F70",
"header": "Ensuring the integrity of communications cooperation"
},
{
"text": "712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations \n(a) Notification required \nNot later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required \nNot less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence \nIf the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required \nNot later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs.",
"id": "id87112C0C2749455A87F44D4B3FD17873",
"header": "Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations"
},
{
"text": "713. Provision of parking services and retention of parking fees \nThe Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account.",
"id": "id89B29F44855E432095A7924889CE9B8A",
"header": "Provision of parking services and retention of parking fees"
},
{
"text": "714. Diplomatic reception areas \n(a) Defined term \nIn this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general \nThe Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected \nAmounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended.",
"id": "id3E3009E16C5242DAA7BA722B65F27AFF",
"header": "Diplomatic reception areas"
},
{
"text": "715. Consular and border security programs visa services cost recovery proposal \nSection 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees.",
"id": "id0EF54523885B4201BB7BBB3AC95BC8F7",
"header": "Consular and border security programs visa services cost recovery proposal"
},
{
"text": "801. Consulting services \nAny consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law.",
"id": "idE10A208A97FE44B2803A6A4826C53E0E",
"header": "Consulting services"
},
{
"text": "802. Diplomatic facilities \nFor the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose.",
"id": "id3FC34780560C437E85D72B5BA6B826CE",
"header": "Diplomatic facilities"
},
{
"text": "803. Extension of existing authorities \n(a) Extension of authorities \n(1) Passport fees \nSection 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2023. (2) Incentives for critical posts \nThe authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (3) USAID civil service annuitant waiver \nSection 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2023. (4) Overseas pay comparability and limitation \n(A) In general \nThe authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) Limitation \nThe authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver \nThe authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards \nThe authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority \nThe Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority \nSection 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2023.",
"id": "id19EF75D00F074643852BD99C1C8A20A8",
"header": "Extension of existing authorities"
},
{
"text": "804. War reserves stockpile and military training report \n(a) Extension of war reserves stockpile authority \nSection 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2023.. (b) Annual foreign military training report \nFor the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656.",
"id": "id919644ADEC6F46339D3ADE5EB6D13A83",
"header": "War reserves stockpile and military training report"
},
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Department of State Authorization Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. Sec. 107. Briefing on China House. Sec. 108. Office of Sanctions Coordination. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. Sec. 213. Independent review of promotion policies. Sec. 214. Third party verification of permanent change of station (PCS) orders. Sec. 215. Post-employment restrictions on Senate-confirmed officials at the Department of State. Sec. 216. Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. Sec. 303. Establishment of United States embassies in Vanuatu, Kiribati, and Tonga. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. Sec. 404. Institute for Transatlantic Engagement. Sec. 405. Rule of construction. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. Sec. 716. Return of supporting documents for passport applications through United States Postal Service certified mail. Sec. 717. Report on distribution of personnel and resources related to ordered departures and post closures. Sec. 718. Elimination of obsolete reports. Sec. 719. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements. Sec. 720. Department of State diplomacy in response to the United Nations Independent International Commission of Inquiry on Israel. Sec. 721. Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights. Sec. 722. Modifications to sanctions with respect to human rights violations. Sec. 723. Report of shooting of Palestinian-American journalist in Jenin. Sec. 724. Report on countering the activities of malign actors. Sec. 725. Limitation on withdrawal from North Atlantic Treaty. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. TITLE IX—Combating global corruption Sec. 901. Short title. Sec. 902. Definitions. Sec. 903. Publication of tiered ranking list. Sec. 904. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 905. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Sec. 906. Designation of embassy anti-corruption points of contact. TITLE X—Global Respect Act Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Definitions. Sec. 1004. Identification of foreign persons responsible for violations of human rights of LGBTI individuals. Sec. 1005. Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals. Sec. 1006. Sense of Congress with respect to additional sanctions. Sec. 1007. Report to Congress. Sec. 1008. Discrimination related to sexual orientation or gender identity.",
"id": "ide95c5f0f-05ca-49a8-8f02-3746240dcc1c",
"header": "Short title; table of contents"
},
{
"text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department \nUnless otherwise specified, the term Department means the Department of State. (4) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of State. (5) USAID \nThe term USAID means the United States Agency for International Development.",
"id": "id9f2fd3fb-1362-457f-950f-69d9a14d97d1",
"header": "Definitions"
},
{
"text": "101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation \nIt is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons.",
"id": "id98d36bcd-2441-440b-b49a-e2ef83db92f2",
"header": "Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation"
},
{
"text": "102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad \nSection 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress \n(1) In general \nUpon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form \nThe notification described in paragraph (1)(B) may be classified, if necessary..",
"id": "id7c23b555-14b0-46d0-88e4-8f8226a8e6a7",
"header": "Notification to Congress for United States nationals unlawfully or wrongfully detained abroad"
},
{
"text": "103. Family Engagement Coordinator \nSection 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator \nThere shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2)..",
"id": "id924752eb-acf3-44f1-bb22-35e403c4336f",
"header": "Family Engagement Coordinator"
},
{
"text": "104. Rewards for Justice \nSection 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country..",
"id": "ida1430a13-5739-49c2-be73-62de6c66d573",
"header": "Rewards for Justice"
},
{
"text": "105. Ensuring geographic diversity and accessibility of passport agencies \n(a) Sense of Congress \nIt is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review \nThe Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations \nThe Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b).",
"id": "idfc660025-173a-45e5-924a-615f965e1b43",
"header": "Ensuring geographic diversity and accessibility of passport agencies"
},
{
"text": "106. Cultural Antiquities Task Force \nThe Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force.",
"id": "id47383965-5120-439d-b218-8d27bea9dcd5",
"header": "Cultural Antiquities Task Force"
},
{
"text": "107. Briefing on China House \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding the organizational structure, personnel, resources, and mission of the Department of State’s China House team.",
"id": "idD2B97AFA15BB47D8952CC12F745AACA5",
"header": "Briefing on China House"
},
{
"text": "108. Office of Sanctions Coordination \n(a) Extension of authorities \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended, in paragraph (4)(B) of subsection (l), as redesignated by section 502(a)(2) of this Act, by striking the date that is two years after the date of the enactment of this subsection and inserting December 31, 2024. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Office of Sanctions Coordination shall brief the appropriate congressional committees with respect to the steps the Office has taken to coordinate its activities with the Office of Foreign Assets Control and humanitarian aid programs, in an effort to help ensure appropriate flows of humanitarian assistance and goods to countries subject to United States sanctions.",
"id": "id70AE90C941784D00AFAC6D7B95EA258C",
"header": "Office of Sanctions Coordination"
},
{
"text": "201. Department of State paid Student Internship Program \n(a) In general \nThe Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility \nAn applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection \nThe Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach \nThe Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to an underrepresented group; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation \n(1) Housing assistance \n(A) Abroad \nThe Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic \nThe Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance \nThe Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education \nThe Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period \n(1) In general \nExcept as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception \nThe transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver \n(A) In general \nThe Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report \nThe report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports \nNot later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation \n(1) In general \nNothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection \nAny data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority \nNotwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations \nInternships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs.",
"id": "ide7f60e02-3011-4e35-addc-531899b73d12",
"header": "Department of State paid Student Internship Program"
},
{
"text": "202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation \n(a) Coordination with other agencies \nThe Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action \n(1) Separation for cause \nSection 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual \nThe Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates \n(1) Placement \nThe Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.",
"id": "idd52d480f-770d-4b97-bd07-a3708459ddba",
"header": "Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation"
},
{
"text": "203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements \nSection 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000.",
"id": "idd2190dcb-ca23-4f0c-b4d0-928db58d68fe",
"header": "Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements"
},
{
"text": "204. Additional personnel to address backlogs in hiring and investigations \n(a) In general \nThe Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets \nThe Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.",
"id": "ide036db3f-5428-43d9-8cc7-032d0f96b4a2",
"header": "Additional personnel to address backlogs in hiring and investigations"
},
{
"text": "205. Commission on Reform and Modernization of the Department of State \n(a) Short title \nThis section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission \nThere is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes \nThe purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department, including a review of the jurisdictional responsibilities of all of the Department’s regional bureaus (the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of European and Eurasian Affairs, the Bureau of Near Eastern Affairs, the Bureau of South and Central Asian Affairs, and the Bureau of Western Hemisphere Affairs); (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership \n(1) Composition \nThe Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings \n(A) Membership \nThe members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation \nNot more than 4 members of the Commission may be from the same political party. (C) Meetings \n(i) Initial meeting \nThe Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency \nThe Commission shall meet at the call of the co-chairs. (iii) Quorum \nFive members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies \nAny vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission \n(1) In general \nThe Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels \nThe Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation \nAny member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission \n(1) Hearings and evidence \nThe Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts \nThe Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies \n(A) In general \nThe Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information \nEach department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling \nInformation may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies \n(A) Secretary of State \nThe Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies \nOther Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation \nThe Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations \n(A) In general \nIn order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication \nIn analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation \nNot less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation \n(1) Staff \n(A) Compensation \nThe co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees \nA Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services \nThe co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members \n(A) Compensation \n(i) In general \nExcept as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions \nSubsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses \nWhile away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff \nThe appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements \nThe report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department, including recommendations on whether any of the jurisdictional responsibilities among the bureaus referred to in subsection (c)(2)(A) should be adjusted, with particular focus on the opportunities and costs of adjusting jurisdictional responsibility between the Bureau of Near Eastern Affairs to the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of South and Central Asian Affairs, and any other bureaus as may be necessary to advance United States efforts to strengthen its diplomatic engagement in the Indo-Pacific region; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response \nThe Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission \n(1) In general \nThe Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability \nAmounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions \n(1) Federal advisory committee act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act \nThe provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission.",
"id": "ide5d91da1-3100-4121-bd6a-35a1e775656c",
"header": "Commission on Reform and Modernization of the Department of State"
},
{
"text": "206. Foreign affairs training \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term \nIn this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization \nIn order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to as long as 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to as long as 6 weeks for first time Chiefs of Mission and creating comparable courses for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles; and (4) ensure that Foreign Service officers who are assigned to a country experiencing significant population displacement due to the impacts of climatic and non-climatic shocks and stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-climatic shocks and stresses. (d) Fellowships \nThe Director General of the Foreign Service shall— (1) expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute \n(1) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties \nThe Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership \n(A) In general \nThe Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications \nMembers of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; and (ii) are eminent authorities in the fields of diplomacy, national security, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise \n(i) In general \nNot fewer than 6 members of the Board shall have a minimum of 10 years of relevant expertise outside the field of diplomacy. (ii) Prior senior service at the department \nNot more than 6 members of the Board may be persons who previously served in the Senior Foreign Service or the Senior Executive Service at the Department. (4) Terms \nEach member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement \nA member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson \n(A) Approval \nThe Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service \nThe Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings \nThe Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation \nEach member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute \n(1) Establishment \nThere is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting \nThe Provost shall— (A) be appointed by the Secretary; and (B) report to the Director of the Foreign Service Institute. (3) Qualifications \nThe Provost shall be— (A) an eminent authority in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and (B) a person with significant experience outside the Department, whether in other national security agencies or in the private sector, and preferably in positions of authority in educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs. (4) Duties \nThe Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the development of an evaluation system to ascertain how well participants in Foreign Service Institute courses have absorbed and utilized the information, ideas, and skills imparted by each such course, such that performance assessments can be included in the personnel records maintained by the Bureau of Global Talent Management and utilized in Foreign Service Selection Boards, which may include— (i) the implementation of a letter or numerical grading system; and (ii) assessments done after the course has concluded; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term \nThe Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation \nThe Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Secretary. (g) Other agency responsibilities and opportunities for congressional staff \n(1) Other agencies \nNational security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities available to congressional staff; (B) the budget impacts of offering such opportunities to congressional staff; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements \nThe strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) the aggression and malign influence of Russia, Cuba, Iran, North Korea, the Maduro Regime, and the Chinese Communist Party’s multi-faceted and comprehensive challenge to the rules-based order; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) An examination of the likely advantages and disadvantages of establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for other long-term training opportunities. (D) An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (i) the historic and current issues facing press freedom, including countries of specific concern; (ii) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (iii) ways to incorporate press freedom promotion into other aspects of diplomacy; and (iv) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. (E) The expansion of external courses offered by the Foreign Service Institute at academic institutions or professional associations on specific topics, including in-person and virtual courses on monitoring and evaluation, audience analysis, and the use of emerging technologies in diplomacy. (3) Utilization of existing resources \nIn examining the advantages and disadvantages of establishing a residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements \n(1) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing \nNot later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program \n(1) Authorization \nThe Secretary is authorized to establish and implement an incentive program, with a similar structure as the Foreign Language Proficiency Bonus offered by the Department of Defense, to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for additional incentive pay, as determined by the Secretary, to maintain critical foreign language skills. (2) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management \n(1) Sense of congress \nIt is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report \n(A) In general \nIn order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2016 through 2022. (C) Recurring report \nNot later than December 31, 2023, and annually thereafter for the following 5 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data \nThe data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs \nIt is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations.",
"id": "id24D7694F19A34C8397178D607CBC0615",
"header": "Foreign affairs training"
},
{
"text": "207. Security clearance approval process \n(a) Recommendations \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report \nNot later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies.",
"id": "id2332561a-91fc-4f02-a83e-1e7188a240fb",
"header": "Security clearance approval process"
},
{
"text": "208. Addendum for study on foreign service allowances \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements \nThe addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season.",
"id": "id1984d548-adf8-49a2-bad3-4260c1ba14ff",
"header": "Addendum for study on foreign service allowances"
},
{
"text": "209. Curtailments, removals from post, and waivers of privileges and immunities \n(a) Curtailments report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents \nThe Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats \nNot later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities \nNot later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.",
"id": "id1d98105a-a1fd-4ffe-8768-58b5fe4cf52d",
"header": "Curtailments, removals from post, and waivers of privileges and immunities"
},
{
"text": "210. Report on worldwide availability \n(a) In general \nNot later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents \nThe report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances.",
"id": "id3a598ee9-99a3-473d-a877-11e3c2ab0084",
"header": "Report on worldwide availability"
},
{
"text": "211. Professional development \n(a) Requirements \nThe Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described \nProfessional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts \nThe Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments.",
"id": "id66264f6e-41c3-4be4-a22d-295f62f20ea0",
"header": "Professional development"
},
{
"text": "212. Management assessments at diplomatic and consular posts \n(a) In general \nBeginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity \nAll responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey \nThe survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations \nUpon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral \nIf the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report \nThe Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis \nThe Secretary shall carry out the surveys required under this section on an initial basis for 5 years.",
"id": "idf3f0eb3e-a980-43d5-84cd-70c0038b145d",
"header": "Management assessments at diplomatic and consular posts"
},
{
"text": "213. Independent review of promotion policies \nNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department, including— (1) a review of— (A) the selection and oversight of Foreign Service promotion panels; and (B) the use of quantitative data and metrics in such panels; (2) an assessment of the promotion practices of the Department, including how promotion processes are communicated to the workforce and appeals processes; and (3) recommendations for improving promotion panels and promotion practices.",
"id": "idF21F585BBE464276940F262D612691A3",
"header": "Independent review of promotion policies"
},
{
"text": "214. Third party verification of permanent change of station (PCS) orders \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a mechanism for third parties to verify the employment of, and the validity of permanent change of station (PCS) orders received by, members of the Foreign Service, in a manner that protects the safety, security, and privacy of sensitive employee information.",
"id": "id42f622a53da0465e8cd3e43d6128ff17",
"header": "Third party verification of permanent change of station (PCS) orders"
},
{
"text": "215. Post-employment restrictions on Senate-confirmed officials at the Department of State \n(a) Sense of congress \nIt is the sense of Congress that— (1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and (2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions. (b) Restrictions \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following: (m) Extended post-employment restrictions for certain Senate-confirmed officials \n(1) Secretary of State and Deputy Secretary of State \nWith respect to a person serving as the Secretary of State or Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States at any time after the termination of that person’s service as Secretary or Deputy Secretary. (2) Under Secretaries, Assistant Secretaries, and Ambassadors \nWith respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States for 3 years after the termination of that person’s service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer. (3) Enhanced restrictions for post-employment work on behalf of certain countries of concern \n(A) In general \nWith respect to all former officials listed in this subsection, the restrictions described in paragraphs (1) and (2) shall apply to representing, aiding, or advising a country of concern described in subparagraph (B) before an officer or employee of the executive branch of the United States at any time after the termination of that person’s service in a position described in paragraph (1) or (2). (B) Countries specified \nIn this paragraph, the term country of concern means— (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; (v) the Republic of Cuba; and (vi) the Syrian Arab Republic. (4) Penalties and injunctions \nAny violations of the restrictions in paragraphs (1) or (2) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code. (5) Definitions \nIn this subsection: (A) Foreign government entity \nThe term foreign governmental entity includes— (i) any person employed by— (I) any department, agency, or other entity of a foreign government at the national, regional, or local level; (II) any governing party or coalition of a foreign government at the national, regional, or local level; or (III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and (ii) in the case of a country described in paragraph (3)(B), any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country. (B) Representation \nThe term representation does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice. (6) Notice of restrictions \nAny person subject to the restrictions of this subsection shall be provided notice of these restrictions by the Department of State upon appointment by the President, and subsequently upon termination of service with the Department of State. (7) Effective date \nThe restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of the Department of State Authorization Act of 2022. (8) Sunset \nThe enhanced restrictions under paragraph (3) shall expire on the date that is 7 years after the date of the enactment of this Act..",
"id": "id2ad3107ed942496c82cecc42afbbd6ad",
"header": "Post-employment restrictions on Senate-confirmed officials at the Department of State"
},
{
"text": "216. Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments \nSection 901 of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ) is amended by adding at the end the following: (j) Expansion of authorities \nThe head of any Federal agency may exercise the authorities of this section, including to designate an incident, whether the incident occurred in the United States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) or when operational control of overseas security responsibility for such employees or dependents has been delegated to the head of the agency..",
"id": "id3AF0A211024448D88B7ECC2F68AFF682",
"header": "Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments"
},
{
"text": "301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999 \n(a) Short title \nThis section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings \nCongress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress \nIt is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility \nSection 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities \n(1) Guidance for closure of public diplomacy facilities \nSection 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general \nIn order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities \nSection 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general \nSubject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement \n(i) In general \nEach newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement \nEach facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (III) in clause (iii), by striking an annual and inserting a quarterly.",
"id": "id43a1bfea-d98a-4f80-a62a-5a629b64cc08",
"header": "Amendments to Secure Embassy Construction and Counterterrorism Act of 1999"
},
{
"text": "603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.",
"id": "id2e02a2c2-f16c-484a-804d-bb226e534efa",
"header": "United States diplomatic facility defined"
},
{
"text": "302. Diplomatic support and security \n(a) Short title \nThis section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings \nCongress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy \n(1) Purpose \nSection 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security \nSection 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees \n(1) In general \nSection 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee \nIn any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition \nThe Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general \nThe Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations \nIn the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking \nThe Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general \nThe Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification \nWhenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments \nSection 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process \nSection 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee \nSection 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings \nSection 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries \nNothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary..",
"id": "id8ec29974-d419-4bd9-89bf-ed239dea2b58",
"header": "Diplomatic support and security"
},
{
"text": "303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.",
"id": "id8974ffca-8bcb-49b0-a137-252bc9b6554e",
"header": "Serious Security Incident investigation process"
},
{
"text": "304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.",
"id": "id4cc50709-3c53-4117-912c-21388240bcdc",
"header": "Security Review Committee findings and report"
},
{
"text": "303. Establishment of United States embassies in Vanuatu, Kiribati, and Tonga \n(a) Findings \nCongress makes the following findings: (1) The Pacific Islands are vital to United States national security and national interests in the Indo-Pacific region and globally. (2) The Pacific Islands region spans 15 percent of the world’s surface area and controls access to open waters in the Central Pacific, sea lanes to the Western Hemisphere, supply lines to United States forward-deployed forces in East Asia, and economically important fisheries. (3) The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base. (4) Pacific Island countries cooperate with the United States and United States partners on maritime security and efforts to stop illegal, unreported, and destructive fishing. (5) The Pacific Islands are rich in biodiversity and are on the frontlines of environmental challenges and climate issues. (6) The People’s Republic of China (PRC) seeks to increase its influence in the Pacific Islands region, including through infrastructure development under the PRC’s One Belt, One Road Initiative and its new security agreement with the Solomon Islands. (7) The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu, and the United States Embassy in Fiji manages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga. (8) The United States requires a physical diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga, to ensure the physical and operational security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests. (9) Increasing the number of United States embassies dedicated solely to a Pacific Island country demonstrates the United States’ ongoing commitment to the region and to the Pacific Island countries. (b) Establishment of embassies \n(1) In general \nAs soon as possible, and not later than 2 years after the date of the enactment of this Act, the Secretary of State shall establish physical United States embassies in the Republic of Kiribati and the Kingdom of Tonga, and a physical presence in the Republic of Vanuatu. (2) Other strategies \n(A) Physical infrastructure \nIn establishing embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary may pursue rent or purchase existing buildings or co-locate personnel in embassies of like-minded partners, such as Australia and New Zealand. (B) Personnel \nIn establishing a physical presence in the Republic of Vanuatu pursuant to paragraph (1), the Secretary may assign 1 or more United States Government personnel to the Republic of Vanuatu as part of the United States mission in Papua New Guinea. (3) Waiver authority \nThe President may waive the requirements under paragraph (1) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States. (c) Authorization of appropriations \nOf the amounts authorized to be appropriated to the Department of State for Embassy Security, Construction, and Maintenance, $40,200,000 is authorized to be appropriated for fiscal year 2023 for establishment and maintenance of the three embassies pursuant to subsection (b), and $3,000,000 is authorized to be appropriated for fiscal year 2024 to maintain the embassies. (d) Report \n(1) Defined term \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives. (2) Progress report \nNot later than 180 days following the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report that includes— (A) a description of the status of activities carried out to achieve the objectives described in this section; (B) an estimate of when embassies and a physical presence will be fully established pursuant to subsection (b)(1); and (C) an update on events in the Pacific Islands region relevant to the establishment of United States embassies, including activities by the People’s Republic of China. (3) Report on final disposition \nNot later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (A) confirms the establishment of the 2 embassies and the physical presence required under subsection (b)(1); or (B) if the embassies and physical presence required in subsection (b)(1) has not been established, a justification for such failure to comply with such requirement.",
"id": "idAAEA822A6F47464BA52120E0F0451513",
"header": "Establishment of United States embassies in Vanuatu, Kiribati, and Tonga"
},
{
"text": "401. Report on barriers to applying for employment with the Department of State \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process.",
"id": "idfa5ed45d-15a3-427d-88f3-b7be83e2e855",
"header": "Report on barriers to applying for employment with the Department of State"
},
{
"text": "402. Collection, analysis, and dissemination of workforce data \n(a) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data \nThe report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts \nThe report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report \n(1) In general \nNot later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report \nThe report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable.",
"id": "id55ac86d9-4a9e-47e2-b328-653820cdaf3e",
"header": "Collection, analysis, and dissemination of workforce data"
},
{
"text": "403. Centers of Excellence in Foreign Affairs and Assistance \n(a) Purpose \nThe purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for individuals belonging to an underrepresented group within the Department and USAID. (b) Study \n(1) In general \nThe Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve individuals belonging to an underrepresented group to focus on 1 or more of the areas described in paragraph (2). (2) Elements \nIn conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b).",
"id": "id91feb160-3a8a-4fb4-8cd7-a08bcf868a27",
"header": "Centers of Excellence in Foreign Affairs and Assistance"
},
{
"text": "404. Institute for Transatlantic Engagement \n(a) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary is authorized to establish the Institute for Transatlantic Engagement (referred to in this section as the Institute ). (b) Purpose \nThe purpose of the Institute shall be to strengthen national security by highlighting, to a geographically diverse set of populations from the United States and member countries of the European Union, the importance of the transatlantic relationship and the threats posed by adversarial countries, such as the Russian Federation and the People’s Republic of China, to democracy, free-market economic principles, and human rights, with the aim that lessons learned from the Institute will be shared across the United States and Europe. (c) Director \nThe Institute shall be headed by a Director, who shall have expertise in transatlantic relations and diverse populations in the United States and Europe. (d) Scope and activities \nThe Institute shall— (1) strengthen knowledge of the formation and implementation of transatlantic policies critical to national security, including the threats posed by the Russian Federation and the People's Republic of China; (2) increase awareness of the roles of government and nongovernmental actors, such as multilateral organizations, businesses, civil society actors, academia, think tanks, and philanthropic institutions, in transatlantic policy development and execution; (3) increase understanding of the manner in which diverse backgrounds and perspectives affect the development of transatlantic policies; (4) enhance the skills, abilities, and effectiveness of government officials at national and international levels; (5) increase awareness of the importance of, and interest in, international public service careers; (6) annually invite not fewer than 30 individuals to participate in programs of the Institute; (7) not less than 3 times annually, convene representatives of United States and European Union governments for a program offered by the Institute that is not less than 2 days in duration; and (8) develop metrics to track the success and efficacy of the program. (e) Eligibility to participate \nParticipants in the programs of the Institute shall include elected government officials— (1) serving at national, regional, or local levels in the United States and member countries of the European Union; and (2) who represent geographically diverse backgrounds or constituencies in the United States and Europe. (f) Selection of participants \n(1) United States participants \nParticipants from the United States shall be appointed in an equally divided manner by the chairpersons and ranking members of the appropriate congressional committees. (2) European Union participants \nParticipants from European Union member countries shall be appointed by the Secretary, in consultation with the chairpersons and ranking members of the appropriate congressional committees. (g) Restrictions \n(1) Unpaid participation \nParticipants in the Institute may not be paid a salary for such participation. (2) Reimbursement \nThe Institute may pay or reimburse participants for reasonable travel, lodging, and food in connection with participation in the program. (3) Travel \nNo funds authorized to be appropriated under subsection (h) may be used for travel for Members of Congress to participate in Institute activities. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $750,000 for fiscal year 2023.",
"id": "id75B8728460804815AD840185DBE90AFA",
"header": "Institute for Transatlantic Engagement"
},
{
"text": "405. Rule of construction \nNothing in this Act may be construed as altering existing law regarding merit system principles.",
"id": "id077B03A4DDAC406CB4020878B41E9AD3",
"header": "Rule of construction"
},
{
"text": "501. United States international cyberspace policy \n(a) In general \nIt is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation \nIn implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices.",
"id": "id535d63ce-486c-4ec6-a698-57ddae29934a",
"header": "United States international cyberspace policy"
},
{
"text": "502. Bureau of Cyberspace and Digital Policy \n(a) In general \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy \n(1) In general \nThere is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties \n(A) In general \nThe head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described \nThe principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications \nThe head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement \n(A) Initial placement \nExcept as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement \nThe head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities \nThe Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction \nNothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress \nIt is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals belonging to an underrepresented group. (c) United Nations \nThe Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a).",
"id": "ide5cd7330-cd68-4bfd-b31a-f78084840ae1",
"header": "Bureau of Cyberspace and Digital Policy"
},
{
"text": "503. International cyberspace and digital policy strategy \n(a) Strategy required \nNot later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements \nThe strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy \n(1) Public availability \nThe strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex \nThe strategy required under subsection (a) may include a classified annex. (d) Briefing \nNot later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates \nThe strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President.",
"id": "id9f422d60-cf7e-4f1a-b343-f6c2fa706212",
"header": "International cyberspace and digital policy strategy"
},
{
"text": "504. Government Accountability Office report on cyber diplomacy \nNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant.",
"id": "id074ca876-312e-472f-8d18-2b16ac6fa25a",
"header": "Government Accountability Office report on cyber diplomacy"
},
{
"text": "505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section.",
"id": "id2bd81a8e-d364-46eb-9487-886c720d560b",
"header": "Report on diplomatic programs to detect and respond to cyber threats against allies and partners"
},
{
"text": "506. Cybersecurity recruitment and retention \n(a) Sense of Congress \nIt is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition \n(1) Establishment \nThe Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals \nThe goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations \nThere is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals \nTo increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay.",
"id": "idc1207955-f1c3-4d1e-a590-3ed65a5af8c0",
"header": "Cybersecurity recruitment and retention"
},
{
"text": "507. Short course on emerging technologies for senior officials \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives \nThe Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course.",
"id": "idf4ea8adc-63e1-4a0a-be5c-eefd054285a0",
"header": "Short course on emerging technologies for senior officials"
},
{
"text": "508. Establishment and expansion of Regional Technology Officer Program \n(a) Regional Technology Officer Program \n(1) Establishment \nThe Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals \nThe goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section.",
"id": "id00ea3ddd-527c-44c1-a823-4d2524200410",
"header": "Establishment and expansion of Regional Technology Officer Program"
},
{
"text": "509. Vulnerability disclosure policy and bug bounty program report \n(a) Definitions \nIn this section: (1) Bug bounty program \nThe term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology \nThe term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports \nNot later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report \nNot later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems.",
"id": "idf6430356-0661-4eb1-b5ac-e1f1f69544b0",
"header": "Vulnerability disclosure policy and bug bounty program report"
},
{
"text": "601. United States participation in international fairs and expositions \n(a) In general \nNotwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds \nSenior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations \nThere is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits.",
"id": "id9e26a218-0e84-4f00-934b-e03ee4ef569d",
"header": "United States participation in international fairs and expositions"
},
{
"text": "602. Press freedom curriculum \nThe Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.",
"id": "idb487af5a-f794-4f31-b6dd-a4212e7929ac",
"header": "Press freedom curriculum"
},
{
"text": "603. Global Engagement Center \n(a) In general \nSection 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center \nNotwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates.",
"id": "idfacc34e0-7dd4-4d29-9609-2f0dad84dca1",
"header": "Global Engagement Center"
},
{
"text": "604. Under Secretary for Public Diplomacy \nSection 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus..",
"id": "id116cf409-315e-4aee-b57c-c29cbde79b2f",
"header": "Under Secretary for Public Diplomacy"
},
{
"text": "701. Supporting the employment of United States citizens by international organizations \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department should continue to eliminate the unreasonable barriers United States nationals face to obtain employment in the United Nations Secretariat, fund, programs, and agencies; and (2) the Department should bolster efforts to increase the number of qualified United States nationals who are candidates for leadership and oversight positions in the United Nations system, agencies, and commissions, and in other international organizations. (b) In general \nThe Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (c) Using diplomatic programs funding To promote the employment of United States citizens by international organizations \nAmounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (b). (d) Strategy to establish junior professional program \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall publish a strategy for encouraging United States citizens to pursue careers with international organizations, particularly organizations that— (A) set international scientific, technical, or commercial standards; or (B) are involved in international finance and development. (2) Report to congress \nNot later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall submit a report to the appropriate congressional committees that identifies— (A) the number of United States citizens who are involved in relevant junior professional programs in an international organization; (B) the distribution of individuals described in subparagraph (A) among various international organizations; and (C) the types of predeployment training that are available to United States citizens through a junior professional program at an international organization.",
"id": "id64445228-5d42-4856-a720-23d4256d9dd3",
"header": "Supporting the employment of United States citizens by international organizations"
},
{
"text": "702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations \nSection 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41.",
"id": "idcb14ecb1-cf48-41d2-addf-e6aa628e93d0",
"header": "Increasing housing availability for certain employees assigned to the United States Mission to the United Nations"
},
{
"text": "703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nThe United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council..",
"id": "idb55767b3-c390-460a-97cb-5a9ec24626cb",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.",
"id": "id3b77ce6c-197c-409b-921a-e6c56fbfed11",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund \nThe United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee..",
"id": "id709d510a-2b15-4cb1-84ec-ca4a310f1963",
"header": "Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund"
},
{
"text": "307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee.",
"id": "id5baa5731-17f4-4b7a-95dd-3063bd815064",
"header": "Grantee corporate boards of directors"
},
{
"text": "705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation \nSection 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed.",
"id": "id25e1b2fc-18af-4342-9e90-9be02bcf6a2a",
"header": "Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation"
},
{
"text": "706. International broadcasting activities \nSection 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,.",
"id": "id7df12bdf-ae4e-41d7-900b-433345d83afd",
"header": "International broadcasting activities"
},
{
"text": "707. Global internet freedom \n(a) Statement of policy \nIt is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs \nGlobal internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations \nThere are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities \n(1) Annual certification \nFor any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing \nThe Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media \nThe Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report \nNot later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report \nNot later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits \nBefore providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge \n(1) Authorization of appropriations \nSubject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification \nAmounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term \nIn this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.",
"id": "idde34d243-8fe4-434c-9bb3-342dc3c3e83c",
"header": "Global internet freedom"
},
{
"text": "708. Arms Export Control Act alignment with the Export Control Reform Act \nSection 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed..",
"id": "idda2a9727-14af-476b-bc61-12ba0dd7e0e6",
"header": "Arms Export Control Act alignment with the Export Control Reform Act"
},
{
"text": "709. Increasing the maximum annual lease payment available without approval by the Secretary \nSection 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000.",
"id": "idde235050-aebe-4d77-be36-03b9c956728c",
"header": "Increasing the maximum annual lease payment available without approval by the Secretary"
},
{
"text": "710. Report on United States access to critical mineral resources abroad \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.",
"id": "id4aa34d98-7995-471d-b607-4a3706a60afb",
"header": "Report on United States access to critical mineral resources abroad"
},
{
"text": "711. Ensuring the integrity of communications cooperation \n(a) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination \nNotwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner.",
"id": "idd308c977-fbcc-498b-b170-72df843059cf",
"header": "Ensuring the integrity of communications cooperation"
},
{
"text": "712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations \n(a) Notification required \nNot later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required \nNot less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence \nIf the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required \nNot later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs.",
"id": "id6961e982-9917-4bc5-81da-d564c8770ead",
"header": "Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations"
},
{
"text": "713. Provision of parking services and retention of parking fees \nThe Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account.",
"id": "idbb19b207-8636-4496-ab19-b6a01ddacf2a",
"header": "Provision of parking services and retention of parking fees"
},
{
"text": "714. Diplomatic reception areas \n(a) Defined term \nIn this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general \nThe Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected \nAmounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended.",
"id": "idd75edb90-1aba-4c58-bf69-478864aea2f1",
"header": "Diplomatic reception areas"
},
{
"text": "715. Consular and border security programs visa services cost recovery proposal \nSection 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees.",
"id": "id2b3dfc9f-d6da-4f21-ade0-1ecf907afaaa",
"header": "Consular and border security programs visa services cost recovery proposal"
},
{
"text": "716. Return of supporting documents for passport applications through United States Postal Service certified mail \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail. (b) Cost \n(1) Responsibility \nThe cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual. (2) Fee \nThe fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of— (A) the retail price charged by the United States Postal Service for the service; and (B) the estimated cost of processing the return of the supporting documents. (3) Report \nThe Secretary shall submit a report to the appropriate congressional committees that— (A) details the costs included in the processing fee described in paragraph (2); and (B) includes an estimate of the average cost per request.",
"id": "id905781A3502F42F4BFA4A49369D16728",
"header": "Return of supporting documents for passport applications through United States Postal Service certified mail"
},
{
"text": "717. Report on distribution of personnel and resources related to ordered departures and post closures \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes— (1) how Department personnel and resources dedicated to Mission Afghanistan were reallocated following the closure of diplomatic posts in Afghanistan in August 2021; and (2) the extent to which Department personnel and resources for Mission Iraq were reallocated following ordered departures for diplomatic posts in March 2020, and how such resources were reallocated.",
"id": "id9559CA501DBC454A9B2ACB7323300BF7",
"header": "Report on distribution of personnel and resources related to ordered departures and post closures"
},
{
"text": "718. Elimination of obsolete reports \n(a) Certification of effectiveness of the Australia Group \nSection 2(7) of Senate Resolution 75 (105th Congress) is amended by striking subparagraph (C). (b) Activities of the Taliban \nSection 7044(a)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ) is amended by striking the following purposes— and all that follows through (B). (c) Plans to implement the Gandhi-King Scholarly Exchange Initiative \nThe Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of division FF of Public Law 116–260 ) is amended by striking section 336. (d) Progress report on Jerusalem embassy \nThe Jerusalem Embassy Act of 1995 ( Public Law 104–45 ) is amended by striking section 6. (e) Burma's timber trade \nThe Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) is amended by striking section 12. (f) Monitoring of assistance for Afghanistan \nSection 103 of the Afghanistan Freedom Support Act of 2002 ( 22 U.S.C. 7513 ) is amended by striking subsection (d). (g) Presidential anti-pedophilia certification \nSection 102 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ) is amended by striking subsection (g). (h) Microenterprise for self-reliance report \nTitle III of the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000 ( Public Law 106–309 ; 22 U.S.C. 2462 note) is amended by striking section 304. (i) Promoting the rule of law in the Russian Federation to support United States trade and investment \nThe Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ), is amended— (1) in the table of contents, by amending the item relating to section 202 to read as follows: Sec. 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment.. (2) by amending section 202 to read as follows: 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment \n(a) In general \nThe Secretary of Commerce shall establish and maintain a dedicated phone hotline and secure website, accessible from within and outside the Russian Federation, for the purpose of allowing United States entities— (1) to report instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation that impact or potentially impact their operations; and (2) to request the assistance of the United States with respect to issues relating to corruption in the Russian Federation. (b) Report required \n(1) In general \nNot later than 1 year after the effective date under section 102(b) of the extension of nondiscriminatory treatment to the products of the Russian Federation, and annually thereafter, the Secretary of Commerce shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that includes— (A) the number of instances in which bribery, attempted bribery, or other forms of corruption have been reported using the hotline or website established pursuant to subsection (a); (B) a description of the regions in the Russian Federation in which such instances are alleged to have occurred; (C) a summary of actions taken by the United States to provide assistance to United States entities pursuant to subsection (a)(2); and (D) a description of the efforts taken by the Secretary of Commerce to inform United States entities conducting business in the Russian Federation, or considering conducting business in the Russian Federation, of the availability of assistance through the hotline and website established pursuant to subsection (a). (2) Confidentiality \nThe Secretary of Commerce may not include, in the report required under paragraph (1), the identity of a United States entity that reports instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation or requests assistance pursuant to subsection (a)..",
"id": "idA411074D6E3F4A4591F43019F5171D80",
"header": "Elimination of obsolete reports"
},
{
"text": "202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment \n(a) In general \nThe Secretary of Commerce shall establish and maintain a dedicated phone hotline and secure website, accessible from within and outside the Russian Federation, for the purpose of allowing United States entities— (1) to report instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation that impact or potentially impact their operations; and (2) to request the assistance of the United States with respect to issues relating to corruption in the Russian Federation. (b) Report required \n(1) In general \nNot later than 1 year after the effective date under section 102(b) of the extension of nondiscriminatory treatment to the products of the Russian Federation, and annually thereafter, the Secretary of Commerce shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that includes— (A) the number of instances in which bribery, attempted bribery, or other forms of corruption have been reported using the hotline or website established pursuant to subsection (a); (B) a description of the regions in the Russian Federation in which such instances are alleged to have occurred; (C) a summary of actions taken by the United States to provide assistance to United States entities pursuant to subsection (a)(2); and (D) a description of the efforts taken by the Secretary of Commerce to inform United States entities conducting business in the Russian Federation, or considering conducting business in the Russian Federation, of the availability of assistance through the hotline and website established pursuant to subsection (a). (2) Confidentiality \nThe Secretary of Commerce may not include, in the report required under paragraph (1), the identity of a United States entity that reports instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation or requests assistance pursuant to subsection (a).",
"id": "HCB4CD2EB4E1A465F916CC2C5105C7928",
"header": "Reporting bribery and corruption in the Russian Federation to support United States trade and investment"
},
{
"text": "719. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements \n(a) Definitions \nIn this section: (1) Civil service \nThe term civil service has the meaning given the term in section 2101 of title 5, United States Code. (2) Covered employee \nThe term covered employee means an employee who— (A) occupies a position in the civil service; and (B) is working overseas under a Domestic Employee Teleworking Overseas agreement. (3) Locality pay \nThe term locality pay means a locality-based comparability payment paid in accordance with subsection (b). (4) Nonforeign area \nThe term nonforeign area has the meaning given the term in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation. (5) Overseas \nThe term overseas means any geographic location that is not in— (A) the continental United States; or (B) a nonforeign area. (b) Payment of locality pay \nEach covered employee shall be paid locality pay in an amount that is equal to the lesser of— (1) the amount of a locality-based comparability payment that the covered employee would have been paid under section 5304 or 5304a of title 5, United States Code, had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; or (2) the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ), as limited under section 803(a)(4)(B) of this Act, if the covered employee were an eligible member of the Foreign Service (as defined in subsection (b) of such section 1113). (c) Application \nLocality pay paid to a covered employee under this section— (1) shall begin to be paid not later than 60 days after the date of the enactment of this Act; and (2) shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title 5, United States Code. (d) Annuity computation \nNotwithstanding any other provision of law, for purposes of any annuity computation under chapter 83 or 84 of title 5, United States Code, the basic pay of a covered employee shall— (1) be considered to be the rate of basic pay that would have been paid to the covered employee had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; and (2) include locality pay paid to the covered employee under this section.",
"id": "HB34A068F01A449479813CAD660A9D9A0",
"header": "Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements"
},
{
"text": "720. Department of State diplomacy in response to the United Nations Independent International Commission of Inquiry on Israel \n(a) Statement of policy \nIt is the policy of the United States for the Secretary to pursue, during the United Nations General Assembly and in all future participation in United Nations’ fora, with respect to the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel (referred to in this subsection as the Commission )— (1) the establishment of criteria for the dissolution of the Commission, mirroring standard criteria established in other recent Commissions of Inquiry on Syria, Libya, South Sudan, and Venezuela; (2) the dissolution of the Commission in the context of the United States’— (A) participation in the United Nations General Assembly Third Committee; and (B) engagement on the United Nations Human Rights Council; (3) the determination of an expiration date for the Commission that is as soon as possible; (4) continued advocacy in the United Nations General Assembly Fifth Committee to limit resources available to the Commission commensurate with other recent Commissions of Inquiry; and (5) continued advocacy for membership in the United Nations Human Rights Council of countries that do not pursue antisemitic or anti-Israel agendas. (b) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing the actions taken by the Department in pursuit of the goals set forth in subsection (a).",
"id": "id128da9ec0d6d48c99fec45ca2468f9cb",
"header": "Department of State diplomacy in response to the United Nations Independent International Commission of Inquiry on Israel"
},
{
"text": "721. Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights \n(a) Ineligibility \n(1) In general \nAny official of a foreign government, and the immediate family members of such an official, about whom the Secretary has credible information has been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (2) Designation \nThe Secretary shall publicly or privately designate or identify each official of a foreign government, and the immediate family members of such official, about whom the Secretary has such credible information related to any act described in paragraph (1), without regard to whether the official has applied for a visa. (b) Exception \nSubsection (a)(1) shall not apply to an individual if the entry of the individual into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations 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 any other applicable international obligations of the United States. (c) Waiver \nThe Secretary may waive the application of subsection (a) if the Secretary determines that such a waiver would serve a compelling national interest or that the circumstances that caused the individual concerned to be ineligible for entry or admission to the United States pursuant to subsection (a)(1) or to be designated pursuant to subsection (a)(2) have changed sufficiently. (d) Report \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives a report that, for the reporting period— (A) includes the information related to corruption or violation of human rights concerning each individual found to be ineligible for entry into the United States under subsection (a)(1); (B) identifies— (i) each individual whom the Secretary designated or identified pursuant to subsection (a)(2); and (ii) each individual who would have been so ineligible but for the application of subsection (b); and (C) includes a list of waivers provided under subsection (c) and a justification for each waiver. (2) Form \nEach report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (3) Public availability \nThe Secretary shall make available to the public on a publicly accessible internet website of the Department of State the unclassified portion of each report required by paragraph (1). (e) Referral for financial sanctions \nFollowing the application of subsection (a), the Secretary should, as appropriate, refer to the Secretary of the Treasury, through the Office of Foreign Assets Control, a list of persons who have been designated pursuant to subsection (a)(2) and related supporting information for review for the imposition of sanctions, in accordance with United States law, to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in subsection (a). (f) Clarification \nFor purposes of subsections (a) and (d), the records of the Department and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.",
"id": "idDC036C3DA66E4FE38885A1771FAFF2BC",
"header": "Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights"
},
{
"text": "722. Modifications to sanctions with respect to human rights violations \n(a) Sense of Congress \n(1) In general \nThe Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) is amended by inserting after section 1262 the following: 1262A. Sense of Congress \nIt is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.. (2) Clerical amendment \nThe table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) are each amended by inserting after the items relating to section 1262 the following: Sec. 1262A. Sense of Congress.. (b) Imposition of sanctions \n(1) In general \nSection 1263(a) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102 ) is amended by striking paragraphs (2) through (4) and inserting the following: (2) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in— (A) corruption, including— (i) the misappropriation of state assets; (ii) the expropriation of private assets for personal gain; (iii) corruption related to government contracts or the extraction of natural resources; or (iv) bribery; or (B) the transfer or facilitation of the transfer of the proceeds of corruption; (3) is or has been a leader or official of— (A) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1) or (2) related to the tenure of the leader or official; or (B) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official; (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (A) an activity described in paragraph (1) or (2) that is conducted by a foreign person; (B) a person whose property and interests in property are blocked pursuant to this section; or (C) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in paragraph (1) or (2) conducted by a foreign person; or (5) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.. (2) Consideration of certain information \nSubsection (c)(2) of such section is amended by inserting corruption and after monitor. (3) Requests by Congress \nSubsection (d)(2) of such section is amended to read as follows: (2) Requirements \nA request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.. (c) Reports to Congress \nSection 1264(a) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10103(a) ) is amended— (1) in paragraph (5), by striking ; and and inserting a semicolon; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct giving rise to the imposition of sanctions under this section, as amended on or after the date of the enactment of this paragraph, in each country in which foreign persons with respect to which such sanctions have been imposed are located; and (8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to foreign persons subject to sanctions under this section..",
"id": "id824d0db2-5fec-4683-889f-cd83031b9711",
"header": "Modifications to sanctions with respect to human rights violations"
},
{
"text": "1262A. Sense of Congress \nIt is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.",
"id": "ide0a5c74b-73b5-44e8-aa3a-04a92e95dbd5",
"header": "Sense of Congress"
},
{
"text": "723. Report of shooting of Palestinian-American journalist in Jenin \nNot later than 14 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a complete copy, in classified or unclassified format, as appropriate, of the report overseen by the United States Security Coordinator for Israel and the Palestinian Authority regarding the circumstances surrounding the shooting of Shireen Abu Akleh in Jenin on May 11, 2022.",
"id": "idd3293521a23d4a9c95a3477fed133db6",
"header": "Report of shooting of Palestinian-American journalist in Jenin"
},
{
"text": "724. Report on countering the activities of malign actors \n(a) Report \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury and the Administrator, shall submit a report to the appropriate congressional committees regarding United States diplomatic efforts in Africa in achieving United States policy goals and countering the activities of malign actors. (2) Elements \nThe report required under paragraph (1) shall include— (A) case studies from Mali, Sudan, the Central African Republic, the Democratic Republic of the Congo, and South Sudan, with the goal of assessing the effectiveness of diplomatic tools during the 5-year period ending on the date of the enactment of this Act; and (B) an assessment of— (i) the extent and effectiveness of certain diplomatic tools to advance United States priorities in the respective case study countries, including— (I) in-country diplomatic presence; (II) humanitarian and development assistance; (III) support for increased 2-way trade and investment; (IV) United States security assistance; (V) public diplomacy; and (VI) accountability measures, including sanctions; (ii) whether the use of the diplomatic tools described in clause (i) achieved the diplomatic ends for which they were intended; and (iii) the means by which the Russian Federation and the People’s Republic of China exploited any openings for diplomatic engagement in the case study countries. (b) Form \nThe report required under subsection (b) shall be submitted in classified form. (c) Classified briefing required \nNot later than 1 year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly brief Congress regarding the report required under subsection (b).",
"id": "idB4CDAED3B25D4A6B872302DFDAFCB48F",
"header": "Report on countering the activities of malign actors"
},
{
"text": "725. Limitation on withdrawal from North Atlantic Treaty \n(a) Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty \nThe President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress. (b) Limitation on the use of funds \nNo funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty or pursuant to an Act of Congress. (c) Notification of treaty action \n(1) Consultation \nPrior to the notification described in paragraph (2), the President shall consult with the appropriate congressional committees in relation to any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty. (2) Notification \nThe President shall notify the appropriate congressional committees in writing of any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible, but in no event later than 180 days before taking such action. (d) Authorization of Legal Counsel to represent Congress \nBoth the Senate Legal Counsel and the General Counsel to the House of Representatives are authorized to independently or collectively represent Congress in initiating or intervening in any judicial proceedings in any Federal court of competent jurisdiction on behalf of Congress in order to oppose any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this section. (e) Reporting requirement \nAny legal counsel operating pursuant to subsection (d) shall report as soon as practicable to the appropriate congressional committees with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to subsection (d). (f) Rule of construction \nNothing in this section shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress. (g) Severability \nIf any provision of this section or the application of such provision is held by a Federal court 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. (h) Definitions \nIn this section, the terms withdrawal , denunciation , suspension , and termination have the meaning given such terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969.",
"id": "idcf5b1dff-6353-4241-91e0-ca963331193a",
"header": "Limitation on withdrawal from North Atlantic Treaty"
},
{
"text": "801. Consulting services \nAny consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law.",
"id": "idb529a4b3-d860-4530-9764-db0f53ffe99e",
"header": "Consulting services"
},
{
"text": "802. Diplomatic facilities \nFor the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose.",
"id": "id10957bf0-3e28-4461-8a18-3e9426411f5c",
"header": "Diplomatic facilities"
},
{
"text": "803. Extension of existing authorities \n(a) Extension of authorities \n(1) Passport fees \nSection 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2024. (2) Incentives for critical posts \nThe authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2024. (3) USAID civil service annuitant waiver \nSection 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2024. (4) Overseas pay comparability and limitation \n(A) In general \nThe authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2024. (B) Limitation \nThe authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver \nThe authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2024; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards \nThe authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2024, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority \nThe Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority \nSection 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2024.",
"id": "idfa63fab5-49d9-44c7-94bf-dc31cb150436",
"header": "Extension of existing authorities"
},
{
"text": "804. War reserves stockpile and military training report \n(a) Extension of war reserves stockpile authority \nSection 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2024.. (b) Annual foreign military training report \nFor the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656.",
"id": "ideb0ff8fb-5828-44ef-8237-8fcf5fde3f5b",
"header": "War reserves stockpile and military training report"
},
{
"text": "901. Short title \nThis title may be cited as the Combating Global Corruption Act of 2022.",
"id": "id6878786c-8bd5-448f-9b73-74b92256f7a8",
"header": "Short title"
},
{
"text": "902. Definitions \nIn this title: (1) Corrupt actor \nThe term corrupt actor means— (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption \nThe term corruption means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption \nThe term significant corruption means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. (B) Involves economically or socially large-scale government activities.",
"id": "id0517f570-e316-4b56-9783-7612a93fd895",
"header": "Definitions"
},
{
"text": "903. Publication of tiered ranking list \n(a) In general \nThe Secretary shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 countries \nA country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 904. (c) Tier 2 countries \nA country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 904, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 countries \nA country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 904.",
"id": "id88e06824-e463-4bea-894c-6879dfaad51b",
"header": "Publication of tiered ranking list"
},
{
"text": "904. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption \n(a) In general \nThe government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for assessing government efforts To combat corruption \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing government efforts to combat corruption in relation to relevant international commitments \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention ). (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.",
"id": "id2936a4a0-3e83-43ec-b49d-2250eca77d79",
"header": "Minimum standards for the elimination of corruption and assessment of efforts to combat corruption"
},
{
"text": "905. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act \n(a) In general \nThe Secretary, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note)— (1) in all countries identified as tier 3 countries under section 903; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (b) Report required \nNot later than 180 days after publishing the list required under section 903(a) and annually thereafter, the Secretary shall submit to the committees specified in subsection (f) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. (c) Form of report \nEach report required under subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in lieu of report \nThe Secretary, in coordination with the Secretary of the Treasury, may (except with respect to the list required under subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (e) Termination of requirements relating to Nord Stream 2 \nThe requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Committees specified \nThe committees specified in this subsection are— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (4) the Committee on the Judiciary of the Senate ; (5) the Committee on Foreign Affairs of the House of Representatives ; (6) the Committee on Appropriations of the House of Representatives ; (7) the Committee on Financial Services of the House of Representatives ; and (8) the Committee on the Judiciary of the House of Representatives.",
"id": "idf616ddf9-8a44-4659-b497-4ed8591b8919",
"header": "Imposition of sanctions under Global Magnitsky Human Rights Accountability Act"
},
{
"text": "906. Designation of embassy anti-corruption points of contact \n(a) In general \nThe Secretary shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities \nEach anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training \nThe Secretary shall implement appropriate training for anti-corruption points of contact designated under subsection (a).",
"id": "id4ec4d2ba-626f-44fd-9f7a-a298eeff435a",
"header": "Designation of embassy anti-corruption points of contact"
},
{
"text": "1001. Short title \nThis title may be cited as the Global Respect Act of 2022.",
"id": "idA84C539E2F364639B96346E509F5CFBB",
"header": "Short title"
},
{
"text": "1002. Findings \nCongress makes the following findings: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental human rights. (3) An alarming trend of violence directed at lesbian, gay, bisexual, transgender, and intersex (commonly referred to as LGBTI ) individuals around the world continues. (4) Approximately one-third of all countries have laws criminalizing consensual same-sex relations, and many have enacted policies or laws that would further target LGBTI individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBTI individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBTI individuals. (8) In many instances, police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTI citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBTI individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBTI individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBTI individuals.",
"id": "idd4e042399d444165adc750103490e007",
"header": "Findings"
},
{
"text": "1003. Definitions \nIn this title: (1) Admission; admitted \nThe terms admission and admitted have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person \nThe term foreign person means— (A) an individual who is a citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States), including leaders or officials of governmental entities of a foreign country; and (B) any entity not organized solely under the laws of the United States or existing solely in the United States, including governmental entities of a foreign country.",
"id": "idea4b19b5e24e453696c4572a71121720",
"header": "Definitions"
},
{
"text": "1004. Identification of foreign persons responsible for violations of human rights of LGBTI individuals \n(a) List required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information, on or after such date of enactment— (A) engages in, is responsible for, or is complicit in, conduct described in paragraph (2); (B) acts as an agent of or on behalf of a foreign person in a matter relating to conduct described in paragraph (2); or (C) is responsible for, or complicit in, inciting a foreign person to engage in conduct described in paragraph (2). (2) Conduct described \nConduct described in this paragraph is any of the following, conducted with respect to an individual based on the actual or perceived sexual orientation, gender identity, or sex characteristics of the individual: (A) Cruel, inhuman, or degrading treatment or punishment of the individual. (B) Prolonged detention of the individual without charges or trial. (C) Causing the disappearance of the individual by the abduction and clandestine detention of the individual. (D) Other flagrant denial of the right to life, liberty, or the security of the individual. (3) Credible information \nFor purposes of paragraph (1), credible information includes information obtained by other countries or nongovernmental organizations that monitor violations of human rights. (b) Updates \nThe President shall submit to the appropriate congressional committees an update of the list required under subsection (a) as new information becomes available. (c) Removal \nA foreign person may be removed from the list required under subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such foreign person from the list that— (1) credible information exists that the foreign person did not engage in the activity for which the person was added to the list; (2) the person has been prosecuted appropriately for the activity; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity, and has credibly committed to not engage in an activity described in subsection (a) in the future. (d) Form \n(1) In general \nThe list required under subsection (a)— (A) shall, notwithstanding the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, be submitted in unclassified form and be published in the Federal Register; and (B) may include a classified annex only as provided under paragraph (2). (2) Use of classified annex \nThe President may include a foreign person on the list required under subsection (a) in a classified annex to the list if the President— (A) determines that— (i) it is vital for the national security interests of the United States to do so; and (ii) the use of the annex, and the inclusion of the foreign person in the annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in activities described in subsection (a) in order to increase accountability for such conduct; and (B) not later than 15 days before including the foreign person in the annex, submits to the appropriate congressional committees notice of, and a justification for, including or continuing to include the foreign person in the classified annex despite the existence of any publicly available credible information indicating that the foreign person engaged in an activity described in subsection (a). (e) Public submission of information \nThe President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (a) may be submitted to the Secretary for evaluation. (f) Requests from appropriate congressional committees \n(1) Consideration of information \nThe President shall consider information provided by the chairperson or ranking member of any of the appropriate congressional committees in determining whether to include a foreign person on the list required under subsection (a). (2) Requests \nNot later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required under subsection (a), the President shall submit a response to the chairperson or ranking member, as the case may be, with respect to the determination of the President with respect to such foreign person. (3) Removal \nIf the President removes from the list required under subsection (a) a foreign person that had been placed on the list pursuant to a request the chairperson or ranking. member of one of the appropriate congressional committees under paragraph (2), the President shall provide to the chairperson or ranking member any information that contributed to the decision to remove such foreign person from the list. (4) Form \nThe President may submit a response required by paragraph (2) or (3) in classified form if the President determines that it is necessary for the national security interests of the United States to do so.",
"id": "idfbd31fadfb8445fda0f7512491dda7f5",
"header": " Identification of foreign persons responsible for violations of human rights of LGBTI individuals"
},
{
"text": "1005. Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals \n(a) Ineligibility for visas and admission to the United States \nAn individual who is a foreign person on the list required under section 1004(a) is ineligible— (1) to receive a visa to enter the United States; or (2) to be admitted to the United States. (b) Current visas revoked and removal from United States \n(1) In general \nThe Secretary shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of an individual on the list required under section 1004(a), and the Secretary of Homeland Security shall remove any such individual from the United States. (2) Regulations required \nNot later than 180 days after the date of the enactment of this Act, the Secretary and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this subsection. (c) Waivers \nThe President may waive the application of subsection (a) or (b) with respect to a foreign person if the President— (1) determines that such a waiver— (A) is necessary to permit the United States to comply with 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, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States; and (2) not less than 15 days before granting such waiver, submits to the appropriate congressional committees a notice of, and justification for, the waiver.",
"id": "idf612542761fc402584755323ddfffc3c",
"header": "Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals"
},
{
"text": "1006. Sense of Congress with respect to additional sanctions \nIt is the sense of Congress that the President should use existing authorities to impose targeted sanctions (in addition to section 1005) with respect to foreign persons on the list required under section 1004(a) to push for accountability for flagrant denials of the right to life, liberty, or the security of such foreign persons.",
"id": "id10BB9D04622B44FD9B1D7D9956085BBA",
"header": "Sense of Congress with respect to additional sanctions"
},
{
"text": "1007. Report to Congress \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report describing— (1) the actions taken to carry out this title, including— (A) the number of foreign persons added to or removed from the list required under section 1004(a) during the year preceding the report, the dates on which such foreign persons were added or removed, and the reasons for adding or removing such foreign persons; and (B) in each report after the first such report, an analysis that compares increases or decreases in the number of foreign persons added to or removed from the list year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this title.",
"id": "id187db1ce14254c2da4b33183b6c9b491",
"header": "Report to Congress"
},
{
"text": "1008. Discrimination related to sexual orientation or gender identity \n(a) Tracking violence or criminalization related to sexual orientation or gender identity \nThe Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual country reports on human rights practices \nThe Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity. ; and (2) in section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting after the ninth sentence the following: Wherever applicable, each report under this section shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation, gender identity, or sex characteristics..",
"id": "id5c570bba411141588232fec037b7db4b",
"header": "Discrimination related to sexual orientation or gender identity"
}
] | 159 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Department of State 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. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. 2. Definitions
In this Act: (1) Administrator
The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees
The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department
Unless otherwise specified, the term Department means the Department of State. (4) Secretary
Unless otherwise specified, the term Secretary means the Secretary of State. (5) USAID
The term USAID means the United States Agency for International Development. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation
It is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad
Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress
(1) In general
Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form
The notification described in paragraph (1)(B) may be classified, if necessary.. 103. Family Engagement Coordinator
Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator
There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2).. 104. Rewards for Justice
Section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.. 105. Ensuring geographic diversity and accessibility of passport agencies
(a) Sense of Congress
It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review
The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations
The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b). 106. Cultural Antiquities Task Force
The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force. 201. Department of State paid Student Internship Program
(a) In general
The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility
An applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection
The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach
The Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation
(1) Housing assistance
(A) Abroad
The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic
The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance
The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education
The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period
(1) In general
Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception
The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver
(A) In general
The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report
The report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports
Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation
(1) In general
Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection
Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority
Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations
Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation
(a) Coordination with other agencies
The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action
(1) Separation for cause
Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual
The Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates
(1) Placement
The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000. 204. Additional personnel to address backlogs in hiring and investigations
(a) In general
The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets
The Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment. 205. Commission on Reform and Modernization of the Department of State
(a) Short title
This section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission
There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes
The purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership
(1) Composition
The Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings
(A) Membership
The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation
Not more than 4 members of the Commission may be from the same political party. (C) Meetings
(i) Initial meeting
The Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency
The Commission shall meet at the call of the co-chairs. (iii) Quorum
Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies
Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission
(1) In general
The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels
The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation
Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission
(1) Hearings and evidence
The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts
The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies
(A) In general
The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information
Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling
Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies
(A) Secretary of State
The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies
Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation
The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations
(A) In general
In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication
In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation
Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation
(1) Staff
(A) Compensation
The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees
A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services
The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members
(A) Compensation
(i) In general
Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions
Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses
While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff
The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report
(1) In general
Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements
The report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response
The Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission
(1) In general
The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination
The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability
Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions
(1) Federal advisory committee act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act
The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission. 206. Foreign affairs training
(a) Sense of Congress
It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term
In this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization
In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships
The Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute
(1) Establishment
Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties
The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership
(A) In general
The Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications
Members of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise
Not fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms
Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement
A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson
(A) Approval
The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service
The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings
The Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation
Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute
(1) Establishment
There is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting
The Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications
The Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties
The Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term
The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation
The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff
(1) Other agencies
National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs
(1) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements
The strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources
In establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements
(1) Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing
Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program
(1) Authorization
The Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management
(1) Sense of congress
It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report
(A) In general
In order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report
Not later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data
The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs
It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations. 207. Security clearance approval process
(a) Recommendations
Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report
Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies. 208. Addendum for study on foreign service allowances
(a) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements
The addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season. 209. Curtailments, removals from post, and waivers of privileges and immunities
(a) Curtailments report
(1) In general
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents
The Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats
Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities
Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination
This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 210. Report on worldwide availability
(a) In general
Not later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents
The report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances. 211. Professional development
(a) Requirements
The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described
Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts
The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments. 212. Management assessments at diplomatic and consular posts
(a) In general
Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity
All responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey
The survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations
Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral
If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report
The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis
The Secretary shall carry out the surveys required under this section on an initial basis for 5 years. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999
(a) Short title
This section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings
Congress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress
It is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility
Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities
(1) Guidance for closure of public diplomacy facilities
Section 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general
In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities
Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general
Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement
(i) In general
Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement
Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (III) in clause (iii), by striking an annual and inserting a quarterly. 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility. 302. Diplomatic support and security
(a) Short title
This section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings
Congress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy
(1) Purpose
Section 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security
Section 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees
(1) In general
Section 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee
In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition
The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general
The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations
In the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking
The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general
The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification
Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments
Section 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process
Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee
Section 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings
Section 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries
Nothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.. 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable. 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action. 401. Report on barriers to applying for employment with the Department of State
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process. 402. Collection, analysis, and dissemination of workforce data
(a) Initial report
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 that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data
The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts
The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report
(1) In general
Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report
The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable. 403. Centers of Excellence in Foreign Affairs and Assistance
(a) Purpose
The purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study
(1) In general
The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve historically underrepresented populations to focus on 1 or more of the areas described in paragraph (2). (2) Elements
In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b). 501. United States international cyberspace policy
(a) In general
It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation
In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices. 502. Bureau of Cyberspace and Digital Policy
(a) In general
Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy
(1) In general
There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties
(A) In general
The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described
The principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications
The head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement
(A) Initial placement
Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement
The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities
The Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction
Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress
It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations
The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a). 503. International cyberspace and digital policy strategy
(a) Strategy required
Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements
The strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy
(1) Public availability
The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex
The strategy required under subsection (a) may include a classified annex. (d) Briefing
Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates
The strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President. 504. Government Accountability Office report on cyber diplomacy
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 and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners
Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section. 506. Cybersecurity recruitment and retention
(a) Sense of Congress
It is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition
(1) Establishment
The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals
The goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations
There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals
To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay. 507. Short course on emerging technologies for senior officials
(a) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives
The Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course. 508. Establishment and expansion of Regional Technology Officer Program
(a) Regional Technology Officer Program
(1) Establishment
The Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals
The goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 509. Vulnerability disclosure policy and bug bounty program report
(a) Definitions
In this section: (1) Bug bounty program
The term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology
The term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports
Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program 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 Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report
Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems. 601. United States participation in international fairs and expositions
(a) In general
Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds
Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. 602. Press freedom curriculum
The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. 603. Global Engagement Center
(a) In general
Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center
Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates. 604. Under Secretary for Public Diplomacy
Section 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus.. 701. Supporting the employment of United States citizens by international organizations
(a) In general
The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations
Amounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (a). 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations
(a) Additional employees
Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41. (b) Health systems and resilience fund
(1) Establishment
There is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund. (2) Authorization of appropriations
There is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
The United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.. 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund
The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee.. 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation
Section 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed. 706. International broadcasting activities
Section 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,. 707. Global internet freedom
(a) Statement of policy
It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs
Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations
There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities
(1) Annual certification
For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing
The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media
The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report
Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report
Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits
Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge
(1) Authorization of appropriations
Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification
Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term
In this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. 708. Arms Export Control Act alignment with the Export Control Reform Act
Section 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.. 709. Increasing the maximum annual lease payment available without approval by the Secretary
Section 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000. 710. Report on United States access to critical mineral resources abroad
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies. 711. Ensuring the integrity of communications cooperation
(a) Defined term
In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination
Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations
(a) Notification required
Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required
Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence
If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required
Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs. 713. Provision of parking services and retention of parking fees
The Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account. 714. Diplomatic reception areas
(a) Defined term
In this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general
The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected
Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended. 715. Consular and border security programs visa services cost recovery proposal
Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees. 801. Consulting services
Any consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law. 802. Diplomatic facilities
For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose. 803. Extension of existing authorities
(a) Extension of authorities
(1) Passport fees
Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2023. (2) Incentives for critical posts
The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (3) USAID civil service annuitant waiver
Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2023. (4) Overseas pay comparability and limitation
(A) In general
The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) Limitation
The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver
The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards
The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority
The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority
Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2023. 804. War reserves stockpile and military training report
(a) Extension of war reserves stockpile authority
Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2023.. (b) Annual foreign military training report
For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656. 1. Short title; table of contents
(a) Short title
This Act may be cited as the Department of State 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. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. Sec. 107. Briefing on China House. Sec. 108. Office of Sanctions Coordination. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. Sec. 213. Independent review of promotion policies. Sec. 214. Third party verification of permanent change of station (PCS) orders. Sec. 215. Post-employment restrictions on Senate-confirmed officials at the Department of State. Sec. 216. Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. Sec. 303. Establishment of United States embassies in Vanuatu, Kiribati, and Tonga. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. Sec. 404. Institute for Transatlantic Engagement. Sec. 405. Rule of construction. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. Sec. 716. Return of supporting documents for passport applications through United States Postal Service certified mail. Sec. 717. Report on distribution of personnel and resources related to ordered departures and post closures. Sec. 718. Elimination of obsolete reports. Sec. 719. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements. Sec. 720. Department of State diplomacy in response to the United Nations Independent International Commission of Inquiry on Israel. Sec. 721. Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights. Sec. 722. Modifications to sanctions with respect to human rights violations. Sec. 723. Report of shooting of Palestinian-American journalist in Jenin. Sec. 724. Report on countering the activities of malign actors. Sec. 725. Limitation on withdrawal from North Atlantic Treaty. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. TITLE IX—Combating global corruption Sec. 901. Short title. Sec. 902. Definitions. Sec. 903. Publication of tiered ranking list. Sec. 904. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 905. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Sec. 906. Designation of embassy anti-corruption points of contact. TITLE X—Global Respect Act Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Definitions. Sec. 1004. Identification of foreign persons responsible for violations of human rights of LGBTI individuals. Sec. 1005. Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals. Sec. 1006. Sense of Congress with respect to additional sanctions. Sec. 1007. Report to Congress. Sec. 1008. Discrimination related to sexual orientation or gender identity. 2. Definitions
In this Act: (1) Administrator
The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees
The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department
Unless otherwise specified, the term Department means the Department of State. (4) Secretary
Unless otherwise specified, the term Secretary means the Secretary of State. (5) USAID
The term USAID means the United States Agency for International Development. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation
It is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad
Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress
(1) In general
Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form
The notification described in paragraph (1)(B) may be classified, if necessary.. 103. Family Engagement Coordinator
Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator
There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2).. 104. Rewards for Justice
Section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.. 105. Ensuring geographic diversity and accessibility of passport agencies
(a) Sense of Congress
It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review
The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations
The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b). 106. Cultural Antiquities Task Force
The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force. 107. Briefing on China House
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding the organizational structure, personnel, resources, and mission of the Department of State’s China House team. 108. Office of Sanctions Coordination
(a) Extension of authorities
Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended, in paragraph (4)(B) of subsection (l), as redesignated by section 502(a)(2) of this Act, by striking the date that is two years after the date of the enactment of this subsection and inserting December 31, 2024. (b) Briefing
Not later than 90 days after the date of the enactment of this Act, the Office of Sanctions Coordination shall brief the appropriate congressional committees with respect to the steps the Office has taken to coordinate its activities with the Office of Foreign Assets Control and humanitarian aid programs, in an effort to help ensure appropriate flows of humanitarian assistance and goods to countries subject to United States sanctions. 201. Department of State paid Student Internship Program
(a) In general
The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility
An applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection
The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach
The Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to an underrepresented group; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation
(1) Housing assistance
(A) Abroad
The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic
The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance
The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education
The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period
(1) In general
Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception
The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver
(A) In general
The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report
The report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports
Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation
(1) In general
Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection
Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority
Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations
Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation
(a) Coordination with other agencies
The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action
(1) Separation for cause
Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual
The Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates
(1) Placement
The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000. 204. Additional personnel to address backlogs in hiring and investigations
(a) In general
The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets
The Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment. 205. Commission on Reform and Modernization of the Department of State
(a) Short title
This section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission
There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes
The purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department, including a review of the jurisdictional responsibilities of all of the Department’s regional bureaus (the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of European and Eurasian Affairs, the Bureau of Near Eastern Affairs, the Bureau of South and Central Asian Affairs, and the Bureau of Western Hemisphere Affairs); (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership
(1) Composition
The Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings
(A) Membership
The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation
Not more than 4 members of the Commission may be from the same political party. (C) Meetings
(i) Initial meeting
The Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency
The Commission shall meet at the call of the co-chairs. (iii) Quorum
Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies
Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission
(1) In general
The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels
The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation
Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission
(1) Hearings and evidence
The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts
The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies
(A) In general
The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information
Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling
Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies
(A) Secretary of State
The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies
Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation
The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations
(A) In general
In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication
In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation
Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation
(1) Staff
(A) Compensation
The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees
A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services
The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members
(A) Compensation
(i) In general
Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions
Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses
While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff
The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report
(1) In general
Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements
The report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department, including recommendations on whether any of the jurisdictional responsibilities among the bureaus referred to in subsection (c)(2)(A) should be adjusted, with particular focus on the opportunities and costs of adjusting jurisdictional responsibility between the Bureau of Near Eastern Affairs to the Bureau of African Affairs, the Bureau of East Asian and Pacific Affairs, the Bureau of South and Central Asian Affairs, and any other bureaus as may be necessary to advance United States efforts to strengthen its diplomatic engagement in the Indo-Pacific region; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response
The Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission
(1) In general
The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination
The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability
Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions
(1) Federal advisory committee act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act
The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission. 206. Foreign affairs training
(a) Sense of Congress
It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term
In this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization
In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to as long as 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to as long as 6 weeks for first time Chiefs of Mission and creating comparable courses for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles; and (4) ensure that Foreign Service officers who are assigned to a country experiencing significant population displacement due to the impacts of climatic and non-climatic shocks and stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and adaptation to such climatic and non-climatic shocks and stresses. (d) Fellowships
The Director General of the Foreign Service shall— (1) expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute
(1) Establishment
Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties
The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership
(A) In general
The Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications
Members of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; and (ii) are eminent authorities in the fields of diplomacy, national security, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise
(i) In general
Not fewer than 6 members of the Board shall have a minimum of 10 years of relevant expertise outside the field of diplomacy. (ii) Prior senior service at the department
Not more than 6 members of the Board may be persons who previously served in the Senior Foreign Service or the Senior Executive Service at the Department. (4) Terms
Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement
A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson
(A) Approval
The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service
The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings
The Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation
Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute
(1) Establishment
There is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting
The Provost shall— (A) be appointed by the Secretary; and (B) report to the Director of the Foreign Service Institute. (3) Qualifications
The Provost shall be— (A) an eminent authority in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and (B) a person with significant experience outside the Department, whether in other national security agencies or in the private sector, and preferably in positions of authority in educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs. (4) Duties
The Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the development of an evaluation system to ascertain how well participants in Foreign Service Institute courses have absorbed and utilized the information, ideas, and skills imparted by each such course, such that performance assessments can be included in the personnel records maintained by the Bureau of Global Talent Management and utilized in Foreign Service Selection Boards, which may include— (i) the implementation of a letter or numerical grading system; and (ii) assessments done after the course has concluded; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term
The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation
The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Secretary. (g) Other agency responsibilities and opportunities for congressional staff
(1) Other agencies
National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities available to congressional staff; (B) the budget impacts of offering such opportunities to congressional staff; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs
(1) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements
The strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) the aggression and malign influence of Russia, Cuba, Iran, North Korea, the Maduro Regime, and the Chinese Communist Party’s multi-faceted and comprehensive challenge to the rules-based order; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) An examination of the likely advantages and disadvantages of establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for other long-term training opportunities. (D) An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (i) the historic and current issues facing press freedom, including countries of specific concern; (ii) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (iii) ways to incorporate press freedom promotion into other aspects of diplomacy; and (iv) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. (E) The expansion of external courses offered by the Foreign Service Institute at academic institutions or professional associations on specific topics, including in-person and virtual courses on monitoring and evaluation, audience analysis, and the use of emerging technologies in diplomacy. (3) Utilization of existing resources
In examining the advantages and disadvantages of establishing a residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements
(1) Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing
Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program
(1) Authorization
The Secretary is authorized to establish and implement an incentive program, with a similar structure as the Foreign Language Proficiency Bonus offered by the Department of Defense, to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for additional incentive pay, as determined by the Secretary, to maintain critical foreign language skills. (2) Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management
(1) Sense of congress
It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report
(A) In general
In order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2016 through 2022. (C) Recurring report
Not later than December 31, 2023, and annually thereafter for the following 5 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data
The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs
It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations. 207. Security clearance approval process
(a) Recommendations
Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report
Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies. 208. Addendum for study on foreign service allowances
(a) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements
The addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season. 209. Curtailments, removals from post, and waivers of privileges and immunities
(a) Curtailments report
(1) In general
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents
The Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats
Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities
Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination
This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 210. Report on worldwide availability
(a) In general
Not later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents
The report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances. 211. Professional development
(a) Requirements
The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described
Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts
The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments. 212. Management assessments at diplomatic and consular posts
(a) In general
Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity
All responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey
The survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations
Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral
If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report
The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis
The Secretary shall carry out the surveys required under this section on an initial basis for 5 years. 213. Independent review of promotion policies
Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department, including— (1) a review of— (A) the selection and oversight of Foreign Service promotion panels; and (B) the use of quantitative data and metrics in such panels; (2) an assessment of the promotion practices of the Department, including how promotion processes are communicated to the workforce and appeals processes; and (3) recommendations for improving promotion panels and promotion practices. 214. Third party verification of permanent change of station (PCS) orders
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a mechanism for third parties to verify the employment of, and the validity of permanent change of station (PCS) orders received by, members of the Foreign Service, in a manner that protects the safety, security, and privacy of sensitive employee information. 215. Post-employment restrictions on Senate-confirmed officials at the Department of State
(a) Sense of congress
It is the sense of Congress that— (1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and (2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions. (b) Restrictions
Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following: (m) Extended post-employment restrictions for certain Senate-confirmed officials
(1) Secretary of State and Deputy Secretary of State
With respect to a person serving as the Secretary of State or Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States at any time after the termination of that person’s service as Secretary or Deputy Secretary. (2) Under Secretaries, Assistant Secretaries, and Ambassadors
With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States for 3 years after the termination of that person’s service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer. (3) Enhanced restrictions for post-employment work on behalf of certain countries of concern
(A) In general
With respect to all former officials listed in this subsection, the restrictions described in paragraphs (1) and (2) shall apply to representing, aiding, or advising a country of concern described in subparagraph (B) before an officer or employee of the executive branch of the United States at any time after the termination of that person’s service in a position described in paragraph (1) or (2). (B) Countries specified
In this paragraph, the term country of concern means— (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; (v) the Republic of Cuba; and (vi) the Syrian Arab Republic. (4) Penalties and injunctions
Any violations of the restrictions in paragraphs (1) or (2) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code. (5) Definitions
In this subsection: (A) Foreign government entity
The term foreign governmental entity includes— (i) any person employed by— (I) any department, agency, or other entity of a foreign government at the national, regional, or local level; (II) any governing party or coalition of a foreign government at the national, regional, or local level; or (III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and (ii) in the case of a country described in paragraph (3)(B), any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country. (B) Representation
The term representation does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice. (6) Notice of restrictions
Any person subject to the restrictions of this subsection shall be provided notice of these restrictions by the Department of State upon appointment by the President, and subsequently upon termination of service with the Department of State. (7) Effective date
The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of the Department of State Authorization Act of 2022. (8) Sunset
The enhanced restrictions under paragraph (3) shall expire on the date that is 7 years after the date of the enactment of this Act.. 216. Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments
Section 901 of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ) is amended by adding at the end the following: (j) Expansion of authorities
The head of any Federal agency may exercise the authorities of this section, including to designate an incident, whether the incident occurred in the United States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) or when operational control of overseas security responsibility for such employees or dependents has been delegated to the head of the agency.. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999
(a) Short title
This section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings
Congress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress
It is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility
Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities
(1) Guidance for closure of public diplomacy facilities
Section 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general
In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities
Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general
Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement
(i) In general
Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement
Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (III) in clause (iii), by striking an annual and inserting a quarterly. 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility. 302. Diplomatic support and security
(a) Short title
This section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings
Congress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy
(1) Purpose
Section 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security
Section 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees
(1) In general
Section 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee
In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition
The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general
The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations
In the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking
The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general
The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification
Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments
Section 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process
Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee
Section 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings
Section 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries
Nothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.. 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable. 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action. 303. Establishment of United States embassies in Vanuatu, Kiribati, and Tonga
(a) Findings
Congress makes the following findings: (1) The Pacific Islands are vital to United States national security and national interests in the Indo-Pacific region and globally. (2) The Pacific Islands region spans 15 percent of the world’s surface area and controls access to open waters in the Central Pacific, sea lanes to the Western Hemisphere, supply lines to United States forward-deployed forces in East Asia, and economically important fisheries. (3) The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base. (4) Pacific Island countries cooperate with the United States and United States partners on maritime security and efforts to stop illegal, unreported, and destructive fishing. (5) The Pacific Islands are rich in biodiversity and are on the frontlines of environmental challenges and climate issues. (6) The People’s Republic of China (PRC) seeks to increase its influence in the Pacific Islands region, including through infrastructure development under the PRC’s One Belt, One Road Initiative and its new security agreement with the Solomon Islands. (7) The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu, and the United States Embassy in Fiji manages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga. (8) The United States requires a physical diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga, to ensure the physical and operational security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests. (9) Increasing the number of United States embassies dedicated solely to a Pacific Island country demonstrates the United States’ ongoing commitment to the region and to the Pacific Island countries. (b) Establishment of embassies
(1) In general
As soon as possible, and not later than 2 years after the date of the enactment of this Act, the Secretary of State shall establish physical United States embassies in the Republic of Kiribati and the Kingdom of Tonga, and a physical presence in the Republic of Vanuatu. (2) Other strategies
(A) Physical infrastructure
In establishing embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary may pursue rent or purchase existing buildings or co-locate personnel in embassies of like-minded partners, such as Australia and New Zealand. (B) Personnel
In establishing a physical presence in the Republic of Vanuatu pursuant to paragraph (1), the Secretary may assign 1 or more United States Government personnel to the Republic of Vanuatu as part of the United States mission in Papua New Guinea. (3) Waiver authority
The President may waive the requirements under paragraph (1) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States. (c) Authorization of appropriations
Of the amounts authorized to be appropriated to the Department of State for Embassy Security, Construction, and Maintenance, $40,200,000 is authorized to be appropriated for fiscal year 2023 for establishment and maintenance of the three embassies pursuant to subsection (b), and $3,000,000 is authorized to be appropriated for fiscal year 2024 to maintain the embassies. (d) Report
(1) Defined term
In this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives. (2) Progress report
Not later than 180 days following the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report that includes— (A) a description of the status of activities carried out to achieve the objectives described in this section; (B) an estimate of when embassies and a physical presence will be fully established pursuant to subsection (b)(1); and (C) an update on events in the Pacific Islands region relevant to the establishment of United States embassies, including activities by the People’s Republic of China. (3) Report on final disposition
Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (A) confirms the establishment of the 2 embassies and the physical presence required under subsection (b)(1); or (B) if the embassies and physical presence required in subsection (b)(1) has not been established, a justification for such failure to comply with such requirement. 401. Report on barriers to applying for employment with the Department of State
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process. 402. Collection, analysis, and dissemination of workforce data
(a) Initial report
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 that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data
The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts
The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report
(1) In general
Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report
The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable. 403. Centers of Excellence in Foreign Affairs and Assistance
(a) Purpose
The purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for individuals belonging to an underrepresented group within the Department and USAID. (b) Study
(1) In general
The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve individuals belonging to an underrepresented group to focus on 1 or more of the areas described in paragraph (2). (2) Elements
In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b). 404. Institute for Transatlantic Engagement
(a) Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary is authorized to establish the Institute for Transatlantic Engagement (referred to in this section as the Institute ). (b) Purpose
The purpose of the Institute shall be to strengthen national security by highlighting, to a geographically diverse set of populations from the United States and member countries of the European Union, the importance of the transatlantic relationship and the threats posed by adversarial countries, such as the Russian Federation and the People’s Republic of China, to democracy, free-market economic principles, and human rights, with the aim that lessons learned from the Institute will be shared across the United States and Europe. (c) Director
The Institute shall be headed by a Director, who shall have expertise in transatlantic relations and diverse populations in the United States and Europe. (d) Scope and activities
The Institute shall— (1) strengthen knowledge of the formation and implementation of transatlantic policies critical to national security, including the threats posed by the Russian Federation and the People's Republic of China; (2) increase awareness of the roles of government and nongovernmental actors, such as multilateral organizations, businesses, civil society actors, academia, think tanks, and philanthropic institutions, in transatlantic policy development and execution; (3) increase understanding of the manner in which diverse backgrounds and perspectives affect the development of transatlantic policies; (4) enhance the skills, abilities, and effectiveness of government officials at national and international levels; (5) increase awareness of the importance of, and interest in, international public service careers; (6) annually invite not fewer than 30 individuals to participate in programs of the Institute; (7) not less than 3 times annually, convene representatives of United States and European Union governments for a program offered by the Institute that is not less than 2 days in duration; and (8) develop metrics to track the success and efficacy of the program. (e) Eligibility to participate
Participants in the programs of the Institute shall include elected government officials— (1) serving at national, regional, or local levels in the United States and member countries of the European Union; and (2) who represent geographically diverse backgrounds or constituencies in the United States and Europe. (f) Selection of participants
(1) United States participants
Participants from the United States shall be appointed in an equally divided manner by the chairpersons and ranking members of the appropriate congressional committees. (2) European Union participants
Participants from European Union member countries shall be appointed by the Secretary, in consultation with the chairpersons and ranking members of the appropriate congressional committees. (g) Restrictions
(1) Unpaid participation
Participants in the Institute may not be paid a salary for such participation. (2) Reimbursement
The Institute may pay or reimburse participants for reasonable travel, lodging, and food in connection with participation in the program. (3) Travel
No funds authorized to be appropriated under subsection (h) may be used for travel for Members of Congress to participate in Institute activities. (h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $750,000 for fiscal year 2023. 405. Rule of construction
Nothing in this Act may be construed as altering existing law regarding merit system principles. 501. United States international cyberspace policy
(a) In general
It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation
In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices. 502. Bureau of Cyberspace and Digital Policy
(a) In general
Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy
(1) In general
There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties
(A) In general
The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described
The principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications
The head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement
(A) Initial placement
Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement
The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities
The Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction
Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress
It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals belonging to an underrepresented group. (c) United Nations
The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a). 503. International cyberspace and digital policy strategy
(a) Strategy required
Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements
The strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy
(1) Public availability
The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex
The strategy required under subsection (a) may include a classified annex. (d) Briefing
Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates
The strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President. 504. Government Accountability Office report on cyber diplomacy
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 and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners
Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section. 506. Cybersecurity recruitment and retention
(a) Sense of Congress
It is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition
(1) Establishment
The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals
The goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations
There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals
To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay. 507. Short course on emerging technologies for senior officials
(a) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives
The Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course. 508. Establishment and expansion of Regional Technology Officer Program
(a) Regional Technology Officer Program
(1) Establishment
The Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals
The goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 509. Vulnerability disclosure policy and bug bounty program report
(a) Definitions
In this section: (1) Bug bounty program
The term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology
The term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports
Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program 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 Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report
Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems. 601. United States participation in international fairs and expositions
(a) In general
Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds
Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. 602. Press freedom curriculum
The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. 603. Global Engagement Center
(a) In general
Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center
Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates. 604. Under Secretary for Public Diplomacy
Section 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus.. 701. Supporting the employment of United States citizens by international organizations
(a) Sense of Congress
It is the sense of Congress that— (1) the Department should continue to eliminate the unreasonable barriers United States nationals face to obtain employment in the United Nations Secretariat, fund, programs, and agencies; and (2) the Department should bolster efforts to increase the number of qualified United States nationals who are candidates for leadership and oversight positions in the United Nations system, agencies, and commissions, and in other international organizations. (b) In general
The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (c) Using diplomatic programs funding To promote the employment of United States citizens by international organizations
Amounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (b). (d) Strategy to establish junior professional program
(1) In general
Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall publish a strategy for encouraging United States citizens to pursue careers with international organizations, particularly organizations that— (A) set international scientific, technical, or commercial standards; or (B) are involved in international finance and development. (2) Report to congress
Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant cabinet members, shall submit a report to the appropriate congressional committees that identifies— (A) the number of United States citizens who are involved in relevant junior professional programs in an international organization; (B) the distribution of individuals described in subparagraph (A) among various international organizations; and (C) the types of predeployment training that are available to United States citizens through a junior professional program at an international organization. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations
Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
The United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.. 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund
The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee.. 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation
Section 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed. 706. International broadcasting activities
Section 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,. 707. Global internet freedom
(a) Statement of policy
It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs
Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations
There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities
(1) Annual certification
For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing
The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media
The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report
Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report
Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits
Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge
(1) Authorization of appropriations
Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification
Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term
In this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. 708. Arms Export Control Act alignment with the Export Control Reform Act
Section 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.. 709. Increasing the maximum annual lease payment available without approval by the Secretary
Section 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000. 710. Report on United States access to critical mineral resources abroad
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies. 711. Ensuring the integrity of communications cooperation
(a) Defined term
In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination
Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations
(a) Notification required
Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required
Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence
If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required
Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs. 713. Provision of parking services and retention of parking fees
The Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account. 714. Diplomatic reception areas
(a) Defined term
In this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general
The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected
Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended. 715. Consular and border security programs visa services cost recovery proposal
Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees. 716. Return of supporting documents for passport applications through United States Postal Service certified mail
(a) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a procedure that provides, to any individual applying for a new United States passport or to renew the United States passport of the individual by mail, the option to have supporting documents for the application returned to the individual by the United States Postal Service through certified mail. (b) Cost
(1) Responsibility
The cost of returning supporting documents to an individual as described in subsection (a) shall be the responsibility of the individual. (2) Fee
The fee charged to the individual by the Secretary for returning supporting documents as described in subsection (a) shall be the sum of— (A) the retail price charged by the United States Postal Service for the service; and (B) the estimated cost of processing the return of the supporting documents. (3) Report
The Secretary shall submit a report to the appropriate congressional committees that— (A) details the costs included in the processing fee described in paragraph (2); and (B) includes an estimate of the average cost per request. 717. Report on distribution of personnel and resources related to ordered departures and post closures
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes— (1) how Department personnel and resources dedicated to Mission Afghanistan were reallocated following the closure of diplomatic posts in Afghanistan in August 2021; and (2) the extent to which Department personnel and resources for Mission Iraq were reallocated following ordered departures for diplomatic posts in March 2020, and how such resources were reallocated. 718. Elimination of obsolete reports
(a) Certification of effectiveness of the Australia Group
Section 2(7) of Senate Resolution 75 (105th Congress) is amended by striking subparagraph (C). (b) Activities of the Taliban
Section 7044(a)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ) is amended by striking the following purposes— and all that follows through (B). (c) Plans to implement the Gandhi-King Scholarly Exchange Initiative
The Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of division FF of Public Law 116–260 ) is amended by striking section 336. (d) Progress report on Jerusalem embassy
The Jerusalem Embassy Act of 1995 ( Public Law 104–45 ) is amended by striking section 6. (e) Burma's timber trade
The Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note) is amended by striking section 12. (f) Monitoring of assistance for Afghanistan
Section 103 of the Afghanistan Freedom Support Act of 2002 ( 22 U.S.C. 7513 ) is amended by striking subsection (d). (g) Presidential anti-pedophilia certification
Section 102 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ) is amended by striking subsection (g). (h) Microenterprise for self-reliance report
Title III of the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000 ( Public Law 106–309 ; 22 U.S.C. 2462 note) is amended by striking section 304. (i) Promoting the rule of law in the Russian Federation to support United States trade and investment
The Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ), is amended— (1) in the table of contents, by amending the item relating to section 202 to read as follows: Sec. 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment.. (2) by amending section 202 to read as follows: 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment
(a) In general
The Secretary of Commerce shall establish and maintain a dedicated phone hotline and secure website, accessible from within and outside the Russian Federation, for the purpose of allowing United States entities— (1) to report instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation that impact or potentially impact their operations; and (2) to request the assistance of the United States with respect to issues relating to corruption in the Russian Federation. (b) Report required
(1) In general
Not later than 1 year after the effective date under section 102(b) of the extension of nondiscriminatory treatment to the products of the Russian Federation, and annually thereafter, the Secretary of Commerce shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that includes— (A) the number of instances in which bribery, attempted bribery, or other forms of corruption have been reported using the hotline or website established pursuant to subsection (a); (B) a description of the regions in the Russian Federation in which such instances are alleged to have occurred; (C) a summary of actions taken by the United States to provide assistance to United States entities pursuant to subsection (a)(2); and (D) a description of the efforts taken by the Secretary of Commerce to inform United States entities conducting business in the Russian Federation, or considering conducting business in the Russian Federation, of the availability of assistance through the hotline and website established pursuant to subsection (a). (2) Confidentiality
The Secretary of Commerce may not include, in the report required under paragraph (1), the identity of a United States entity that reports instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation or requests assistance pursuant to subsection (a).. 202. Reporting bribery and corruption in the Russian Federation to support United States trade and investment
(a) In general
The Secretary of Commerce shall establish and maintain a dedicated phone hotline and secure website, accessible from within and outside the Russian Federation, for the purpose of allowing United States entities— (1) to report instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation that impact or potentially impact their operations; and (2) to request the assistance of the United States with respect to issues relating to corruption in the Russian Federation. (b) Report required
(1) In general
Not later than 1 year after the effective date under section 102(b) of the extension of nondiscriminatory treatment to the products of the Russian Federation, and annually thereafter, the Secretary of Commerce shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that includes— (A) the number of instances in which bribery, attempted bribery, or other forms of corruption have been reported using the hotline or website established pursuant to subsection (a); (B) a description of the regions in the Russian Federation in which such instances are alleged to have occurred; (C) a summary of actions taken by the United States to provide assistance to United States entities pursuant to subsection (a)(2); and (D) a description of the efforts taken by the Secretary of Commerce to inform United States entities conducting business in the Russian Federation, or considering conducting business in the Russian Federation, of the availability of assistance through the hotline and website established pursuant to subsection (a). (2) Confidentiality
The Secretary of Commerce may not include, in the report required under paragraph (1), the identity of a United States entity that reports instances of bribery, attempted bribery, or other forms of corruption in the Russian Federation or requests assistance pursuant to subsection (a). 719. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements
(a) Definitions
In this section: (1) Civil service
The term civil service has the meaning given the term in section 2101 of title 5, United States Code. (2) Covered employee
The term covered employee means an employee who— (A) occupies a position in the civil service; and (B) is working overseas under a Domestic Employee Teleworking Overseas agreement. (3) Locality pay
The term locality pay means a locality-based comparability payment paid in accordance with subsection (b). (4) Nonforeign area
The term nonforeign area has the meaning given the term in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation. (5) Overseas
The term overseas means any geographic location that is not in— (A) the continental United States; or (B) a nonforeign area. (b) Payment of locality pay
Each covered employee shall be paid locality pay in an amount that is equal to the lesser of— (1) the amount of a locality-based comparability payment that the covered employee would have been paid under section 5304 or 5304a of title 5, United States Code, had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; or (2) the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ), as limited under section 803(a)(4)(B) of this Act, if the covered employee were an eligible member of the Foreign Service (as defined in subsection (b) of such section 1113). (c) Application
Locality pay paid to a covered employee under this section— (1) shall begin to be paid not later than 60 days after the date of the enactment of this Act; and (2) shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title 5, United States Code. (d) Annuity computation
Notwithstanding any other provision of law, for purposes of any annuity computation under chapter 83 or 84 of title 5, United States Code, the basic pay of a covered employee shall— (1) be considered to be the rate of basic pay that would have been paid to the covered employee had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; and (2) include locality pay paid to the covered employee under this section. 720. Department of State diplomacy in response to the United Nations Independent International Commission of Inquiry on Israel
(a) Statement of policy
It is the policy of the United States for the Secretary to pursue, during the United Nations General Assembly and in all future participation in United Nations’ fora, with respect to the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel (referred to in this subsection as the Commission )— (1) the establishment of criteria for the dissolution of the Commission, mirroring standard criteria established in other recent Commissions of Inquiry on Syria, Libya, South Sudan, and Venezuela; (2) the dissolution of the Commission in the context of the United States’— (A) participation in the United Nations General Assembly Third Committee; and (B) engagement on the United Nations Human Rights Council; (3) the determination of an expiration date for the Commission that is as soon as possible; (4) continued advocacy in the United Nations General Assembly Fifth Committee to limit resources available to the Commission commensurate with other recent Commissions of Inquiry; and (5) continued advocacy for membership in the United Nations Human Rights Council of countries that do not pursue antisemitic or anti-Israel agendas. (b) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing the actions taken by the Department in pursuit of the goals set forth in subsection (a). 721. Prohibition on entry of officials of foreign governments involved in significant corruption or gross violations of human rights
(a) Ineligibility
(1) In general
Any official of a foreign government, and the immediate family members of such an official, about whom the Secretary has credible information has been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (2) Designation
The Secretary shall publicly or privately designate or identify each official of a foreign government, and the immediate family members of such official, about whom the Secretary has such credible information related to any act described in paragraph (1), without regard to whether the official has applied for a visa. (b) Exception
Subsection (a)(1) shall not apply to an individual if the entry of the individual into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations 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 any other applicable international obligations of the United States. (c) Waiver
The Secretary may waive the application of subsection (a) if the Secretary determines that such a waiver would serve a compelling national interest or that the circumstances that caused the individual concerned to be ineligible for entry or admission to the United States pursuant to subsection (a)(1) or to be designated pursuant to subsection (a)(2) have changed sufficiently. (d) Report
(1) In general
Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives a report that, for the reporting period— (A) includes the information related to corruption or violation of human rights concerning each individual found to be ineligible for entry into the United States under subsection (a)(1); (B) identifies— (i) each individual whom the Secretary designated or identified pursuant to subsection (a)(2); and (ii) each individual who would have been so ineligible but for the application of subsection (b); and (C) includes a list of waivers provided under subsection (c) and a justification for each waiver. (2) Form
Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (3) Public availability
The Secretary shall make available to the public on a publicly accessible internet website of the Department of State the unclassified portion of each report required by paragraph (1). (e) Referral for financial sanctions
Following the application of subsection (a), the Secretary should, as appropriate, refer to the Secretary of the Treasury, through the Office of Foreign Assets Control, a list of persons who have been designated pursuant to subsection (a)(2) and related supporting information for review for the imposition of sanctions, in accordance with United States law, to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in subsection (a). (f) Clarification
For purposes of subsections (a) and (d), the records of the Department and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. 722. Modifications to sanctions with respect to human rights violations
(a) Sense of Congress
(1) In general
The Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) is amended by inserting after section 1262 the following: 1262A. Sense of Congress
It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.. (2) Clerical amendment
The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) are each amended by inserting after the items relating to section 1262 the following: Sec. 1262A. Sense of Congress.. (b) Imposition of sanctions
(1) In general
Section 1263(a) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102 ) is amended by striking paragraphs (2) through (4) and inserting the following: (2) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in— (A) corruption, including— (i) the misappropriation of state assets; (ii) the expropriation of private assets for personal gain; (iii) corruption related to government contracts or the extraction of natural resources; or (iv) bribery; or (B) the transfer or facilitation of the transfer of the proceeds of corruption; (3) is or has been a leader or official of— (A) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1) or (2) related to the tenure of the leader or official; or (B) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official; (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (A) an activity described in paragraph (1) or (2) that is conducted by a foreign person; (B) a person whose property and interests in property are blocked pursuant to this section; or (C) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in paragraph (1) or (2) conducted by a foreign person; or (5) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.. (2) Consideration of certain information
Subsection (c)(2) of such section is amended by inserting corruption and after monitor. (3) Requests by Congress
Subsection (d)(2) of such section is amended to read as follows: (2) Requirements
A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.. (c) Reports to Congress
Section 1264(a) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10103(a) ) is amended— (1) in paragraph (5), by striking ; and and inserting a semicolon; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct giving rise to the imposition of sanctions under this section, as amended on or after the date of the enactment of this paragraph, in each country in which foreign persons with respect to which such sanctions have been imposed are located; and (8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to foreign persons subject to sanctions under this section.. 1262A. Sense of Congress
It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle. 723. Report of shooting of Palestinian-American journalist in Jenin
Not later than 14 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a complete copy, in classified or unclassified format, as appropriate, of the report overseen by the United States Security Coordinator for Israel and the Palestinian Authority regarding the circumstances surrounding the shooting of Shireen Abu Akleh in Jenin on May 11, 2022. 724. Report on countering the activities of malign actors
(a) Report
(1) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury and the Administrator, shall submit a report to the appropriate congressional committees regarding United States diplomatic efforts in Africa in achieving United States policy goals and countering the activities of malign actors. (2) Elements
The report required under paragraph (1) shall include— (A) case studies from Mali, Sudan, the Central African Republic, the Democratic Republic of the Congo, and South Sudan, with the goal of assessing the effectiveness of diplomatic tools during the 5-year period ending on the date of the enactment of this Act; and (B) an assessment of— (i) the extent and effectiveness of certain diplomatic tools to advance United States priorities in the respective case study countries, including— (I) in-country diplomatic presence; (II) humanitarian and development assistance; (III) support for increased 2-way trade and investment; (IV) United States security assistance; (V) public diplomacy; and (VI) accountability measures, including sanctions; (ii) whether the use of the diplomatic tools described in clause (i) achieved the diplomatic ends for which they were intended; and (iii) the means by which the Russian Federation and the People’s Republic of China exploited any openings for diplomatic engagement in the case study countries. (b) Form
The report required under subsection (b) shall be submitted in classified form. (c) Classified briefing required
Not later than 1 year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly brief Congress regarding the report required under subsection (b). 725. Limitation on withdrawal from North Atlantic Treaty
(a) Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty
The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress. (b) Limitation on the use of funds
No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty or pursuant to an Act of Congress. (c) Notification of treaty action
(1) Consultation
Prior to the notification described in paragraph (2), the President shall consult with the appropriate congressional committees in relation to any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty. (2) Notification
The President shall notify the appropriate congressional committees in writing of any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible, but in no event later than 180 days before taking such action. (d) Authorization of Legal Counsel to represent Congress
Both the Senate Legal Counsel and the General Counsel to the House of Representatives are authorized to independently or collectively represent Congress in initiating or intervening in any judicial proceedings in any Federal court of competent jurisdiction on behalf of Congress in order to oppose any effort to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this section. (e) Reporting requirement
Any legal counsel operating pursuant to subsection (d) shall report as soon as practicable to the appropriate congressional committees with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to subsection (d). (f) Rule of construction
Nothing in this section shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress. (g) Severability
If any provision of this section or the application of such provision is held by a Federal court 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. (h) Definitions
In this section, the terms withdrawal , denunciation , suspension , and termination have the meaning given such terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969. 801. Consulting services
Any consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law. 802. Diplomatic facilities
For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose. 803. Extension of existing authorities
(a) Extension of authorities
(1) Passport fees
Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2024. (2) Incentives for critical posts
The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2024. (3) USAID civil service annuitant waiver
Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2024. (4) Overseas pay comparability and limitation
(A) In general
The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2024. (B) Limitation
The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver
The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2024; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards
The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2024, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority
The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority
Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2024. 804. War reserves stockpile and military training report
(a) Extension of war reserves stockpile authority
Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2024.. (b) Annual foreign military training report
For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656. 901. Short title
This title may be cited as the Combating Global Corruption Act of 2022. 902. Definitions
In this title: (1) Corrupt actor
The term corrupt actor means— (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption
The term corruption means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption
The term significant corruption means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. (B) Involves economically or socially large-scale government activities. 903. Publication of tiered ranking list
(a) In general
The Secretary shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 countries
A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 904. (c) Tier 2 countries
A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 904, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 countries
A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 904. 904. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption
(a) In general
The government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for assessing government efforts To combat corruption
In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing government efforts to combat corruption in relation to relevant international commitments
In determining whether a government is making serious and sustained efforts to address corruption, the Secretary shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention ). (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate. 905. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act
(a) In general
The Secretary, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note)— (1) in all countries identified as tier 3 countries under section 903; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (b) Report required
Not later than 180 days after publishing the list required under section 903(a) and annually thereafter, the Secretary shall submit to the committees specified in subsection (f) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. (c) Form of report
Each report required under subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in lieu of report
The Secretary, in coordination with the Secretary of the Treasury, may (except with respect to the list required under subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (e) Termination of requirements relating to Nord Stream 2
The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Committees specified
The committees specified in this subsection are— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (4) the Committee on the Judiciary of the Senate ; (5) the Committee on Foreign Affairs of the House of Representatives ; (6) the Committee on Appropriations of the House of Representatives ; (7) the Committee on Financial Services of the House of Representatives ; and (8) the Committee on the Judiciary of the House of Representatives. 906. Designation of embassy anti-corruption points of contact
(a) In general
The Secretary shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities
Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training
The Secretary shall implement appropriate training for anti-corruption points of contact designated under subsection (a). 1001. Short title
This title may be cited as the Global Respect Act of 2022. 1002. Findings
Congress makes the following findings: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental human rights. (3) An alarming trend of violence directed at lesbian, gay, bisexual, transgender, and intersex (commonly referred to as LGBTI ) individuals around the world continues. (4) Approximately one-third of all countries have laws criminalizing consensual same-sex relations, and many have enacted policies or laws that would further target LGBTI individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBTI individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBTI individuals. (8) In many instances, police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTI citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBTI individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBTI individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBTI individuals. 1003. Definitions
In this title: (1) Admission; admitted
The terms admission and admitted have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person
The term foreign person means— (A) an individual who is a citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States), including leaders or officials of governmental entities of a foreign country; and (B) any entity not organized solely under the laws of the United States or existing solely in the United States, including governmental entities of a foreign country. 1004. Identification of foreign persons responsible for violations of human rights of LGBTI individuals
(a) List required
(1) In general
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information, on or after such date of enactment— (A) engages in, is responsible for, or is complicit in, conduct described in paragraph (2); (B) acts as an agent of or on behalf of a foreign person in a matter relating to conduct described in paragraph (2); or (C) is responsible for, or complicit in, inciting a foreign person to engage in conduct described in paragraph (2). (2) Conduct described
Conduct described in this paragraph is any of the following, conducted with respect to an individual based on the actual or perceived sexual orientation, gender identity, or sex characteristics of the individual: (A) Cruel, inhuman, or degrading treatment or punishment of the individual. (B) Prolonged detention of the individual without charges or trial. (C) Causing the disappearance of the individual by the abduction and clandestine detention of the individual. (D) Other flagrant denial of the right to life, liberty, or the security of the individual. (3) Credible information
For purposes of paragraph (1), credible information includes information obtained by other countries or nongovernmental organizations that monitor violations of human rights. (b) Updates
The President shall submit to the appropriate congressional committees an update of the list required under subsection (a) as new information becomes available. (c) Removal
A foreign person may be removed from the list required under subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such foreign person from the list that— (1) credible information exists that the foreign person did not engage in the activity for which the person was added to the list; (2) the person has been prosecuted appropriately for the activity; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity, and has credibly committed to not engage in an activity described in subsection (a) in the future. (d) Form
(1) In general
The list required under subsection (a)— (A) shall, notwithstanding the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, be submitted in unclassified form and be published in the Federal Register; and (B) may include a classified annex only as provided under paragraph (2). (2) Use of classified annex
The President may include a foreign person on the list required under subsection (a) in a classified annex to the list if the President— (A) determines that— (i) it is vital for the national security interests of the United States to do so; and (ii) the use of the annex, and the inclusion of the foreign person in the annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in activities described in subsection (a) in order to increase accountability for such conduct; and (B) not later than 15 days before including the foreign person in the annex, submits to the appropriate congressional committees notice of, and a justification for, including or continuing to include the foreign person in the classified annex despite the existence of any publicly available credible information indicating that the foreign person engaged in an activity described in subsection (a). (e) Public submission of information
The President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (a) may be submitted to the Secretary for evaluation. (f) Requests from appropriate congressional committees
(1) Consideration of information
The President shall consider information provided by the chairperson or ranking member of any of the appropriate congressional committees in determining whether to include a foreign person on the list required under subsection (a). (2) Requests
Not later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required under subsection (a), the President shall submit a response to the chairperson or ranking member, as the case may be, with respect to the determination of the President with respect to such foreign person. (3) Removal
If the President removes from the list required under subsection (a) a foreign person that had been placed on the list pursuant to a request the chairperson or ranking. member of one of the appropriate congressional committees under paragraph (2), the President shall provide to the chairperson or ranking member any information that contributed to the decision to remove such foreign person from the list. (4) Form
The President may submit a response required by paragraph (2) or (3) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. 1005. Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals
(a) Ineligibility for visas and admission to the United States
An individual who is a foreign person on the list required under section 1004(a) is ineligible— (1) to receive a visa to enter the United States; or (2) to be admitted to the United States. (b) Current visas revoked and removal from United States
(1) In general
The Secretary shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of an individual on the list required under section 1004(a), and the Secretary of Homeland Security shall remove any such individual from the United States. (2) Regulations required
Not later than 180 days after the date of the enactment of this Act, the Secretary and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this subsection. (c) Waivers
The President may waive the application of subsection (a) or (b) with respect to a foreign person if the President— (1) determines that such a waiver— (A) is necessary to permit the United States to comply with 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, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States; and (2) not less than 15 days before granting such waiver, submits to the appropriate congressional committees a notice of, and justification for, the waiver. 1006. Sense of Congress with respect to additional sanctions
It is the sense of Congress that the President should use existing authorities to impose targeted sanctions (in addition to section 1005) with respect to foreign persons on the list required under section 1004(a) to push for accountability for flagrant denials of the right to life, liberty, or the security of such foreign persons. 1007. Report to Congress
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report describing— (1) the actions taken to carry out this title, including— (A) the number of foreign persons added to or removed from the list required under section 1004(a) during the year preceding the report, the dates on which such foreign persons were added or removed, and the reasons for adding or removing such foreign persons; and (B) in each report after the first such report, an analysis that compares increases or decreases in the number of foreign persons added to or removed from the list year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this title. 1008. Discrimination related to sexual orientation or gender identity
(a) Tracking violence or criminalization related to sexual orientation or gender identity
The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual country reports on human rights practices
The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity. ; and (2) in section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting after the ninth sentence the following: Wherever applicable, each report under this section shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation, gender identity, or sex characteristics.. | 410,282 |
117s4653is | 117 | s | 4,653 | is | To provide for certain authorities of the Department of State, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Department of State Authorization Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report.",
"id": "S1",
"header": "Short title; table of contents"
},
{
"text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department \nUnless otherwise specified, the term Department means the Department of State. (4) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of State. (5) USAID \nThe term USAID means the United States Agency for International Development.",
"id": "id01A1E6D69C2B438E821BA8E85750AA00",
"header": "Definitions"
},
{
"text": "101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation \nIt is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons.",
"id": "id5f92d9a42efb440c9e08985ed9caccd4",
"header": "Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation"
},
{
"text": "102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad \nSection 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress \n(1) In general \nUpon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form \nThe notification described in paragraph (1)(B) may be classified, if necessary..",
"id": "id26989bc32dca445daee45edca77eab8a",
"header": "Notification to Congress for United States nationals unlawfully or wrongfully detained abroad"
},
{
"text": "103. Family Engagement Coordinator \nSection 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator \nThere shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2)..",
"id": "id73a24eb7348a4f00b3e8cf4ad21cd394",
"header": "Family Engagement Coordinator"
},
{
"text": "104. Rewards for Justice \nSection 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country..",
"id": "id21ee7f2f601642b38366c427938ba003",
"header": "Rewards for Justice"
},
{
"text": "105. Ensuring geographic diversity and accessibility of passport agencies \n(a) Sense of Congress \nIt is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review \nThe Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations \nThe Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b).",
"id": "id7420348ed2b74ab0b3df30bf974829a8",
"header": "Ensuring geographic diversity and accessibility of passport agencies"
},
{
"text": "106. Cultural Antiquities Task Force \nThe Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force.",
"id": "id44FD19A5214F4AAEA7830CB6B9F7FDD7",
"header": "Cultural Antiquities Task Force"
},
{
"text": "201. Department of State paid Student Internship Program \n(a) In general \nThe Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility \nAn applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection \nThe Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach \nThe Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation \n(1) Housing assistance \n(A) Abroad \nThe Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic \nThe Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance \nThe Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education \nThe Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period \n(1) In general \nExcept as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception \nThe transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver \n(A) In general \nThe Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report \nThe report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports \nNot later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation \n(1) In general \nNothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection \nAny data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority \nNotwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations \nInternships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs.",
"id": "idbe1443ee3bf94e298af5020be76b4bcd",
"header": "Department of State paid Student Internship Program"
},
{
"text": "202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation \n(a) Coordination with other agencies \nThe Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action \n(1) Separation for cause \nSection 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual \nThe Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates \n(1) Placement \nThe Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service.",
"id": "id174109b4453d48a4b82b4ce1d191227b",
"header": "Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation"
},
{
"text": "203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements \nSection 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000.",
"id": "id7d2880dbf7dd45a3ac2f6feea5f22d37",
"header": "Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements"
},
{
"text": "204. Additional personnel to address backlogs in hiring and investigations \n(a) In general \nThe Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets \nThe Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.",
"id": "idf9718198e986461f9e5dde151c253df9",
"header": "Additional personnel to address backlogs in hiring and investigations"
},
{
"text": "205. Commission on Reform and Modernization of the Department of State \n(a) Short title \nThis section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission \nThere is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes \nThe purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership \n(1) Composition \nThe Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings \n(A) Membership \nThe members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation \nNot more than 4 members of the Commission may be from the same political party. (C) Meetings \n(i) Initial meeting \nThe Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency \nThe Commission shall meet at the call of the co-chairs. (iii) Quorum \nFive members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies \nAny vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission \n(1) In general \nThe Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels \nThe Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation \nAny member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission \n(1) Hearings and evidence \nThe Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts \nThe Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies \n(A) In general \nThe Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information \nEach department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling \nInformation may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies \n(A) Secretary of State \nThe Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies \nOther Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation \nThe Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations \n(A) In general \nIn order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication \nIn analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation \nNot less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation \n(1) Staff \n(A) Compensation \nThe co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees \nA Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services \nThe co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members \n(A) Compensation \n(i) In general \nExcept as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions \nSubsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses \nWhile away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff \nThe appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements \nThe report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response \nThe Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission \n(1) In general \nThe Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability \nAmounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions \n(1) Federal advisory committee act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act \nThe provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission.",
"id": "id65e99f391c7c495690daaef7321ee6cb",
"header": "Commission on Reform and Modernization of the Department of State"
},
{
"text": "206. Foreign affairs training \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term \nIn this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization \nIn order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships \nThe Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute \n(1) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties \nThe Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership \n(A) In general \nThe Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications \nMembers of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise \nNot fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms \nEach member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement \nA member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson \n(A) Approval \nThe Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service \nThe Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings \nThe Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation \nEach member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute \n(1) Establishment \nThere is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting \nThe Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications \nThe Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties \nThe Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term \nThe Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation \nThe Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff \n(1) Other agencies \nNational security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements \nThe strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources \nIn establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements \n(1) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing \nNot later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program \n(1) Authorization \nThe Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management \n(1) Sense of congress \nIt is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report \n(A) In general \nIn order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report \nNot later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data \nThe data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs \nIt is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations.",
"id": "id46E07BBBF4F04329BDDD2A4D906DC8C2",
"header": "Foreign affairs training"
},
{
"text": "207. Security clearance approval process \n(a) Recommendations \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report \nNot later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies.",
"id": "id5c9da7d0a0e34a788cae3ed807102741",
"header": "Security clearance approval process"
},
{
"text": "208. Addendum for study on foreign service allowances \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements \nThe addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season.",
"id": "id2067d49bb416452b8eab418b58ddc214",
"header": "Addendum for study on foreign service allowances"
},
{
"text": "209. Curtailments, removals from post, and waivers of privileges and immunities \n(a) Curtailments report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents \nThe Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats \nNot later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities \nNot later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.",
"id": "id431d775552204caba5f5b43dffa79419",
"header": "Curtailments, removals from post, and waivers of privileges and immunities"
},
{
"text": "210. Report on worldwide availability \n(a) In general \nNot later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents \nThe report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances.",
"id": "id054a3ab884c344d7ac24b513c25c47f8",
"header": "Report on worldwide availability"
},
{
"text": "211. Professional development \n(a) Requirements \nThe Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described \nProfessional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts \nThe Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments.",
"id": "idf5e6b712b93a4596a3c035fda5148eb7",
"header": "Professional development"
},
{
"text": "212. Management assessments at diplomatic and consular posts \n(a) In general \nBeginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity \nAll responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey \nThe survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations \nUpon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral \nIf the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report \nThe Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis \nThe Secretary shall carry out the surveys required under this section on an initial basis for 5 years.",
"id": "H3E31892432944A94A9091CFCF4E6092C",
"header": "Management assessments at diplomatic and consular posts"
},
{
"text": "301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999 \n(a) Short title \nThis section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings \nCongress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress \nIt is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility \nSection 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities \n(1) Guidance for closure of public diplomacy facilities \nSection 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general \nIn order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities \nSection 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general \nSubject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement \n(i) In general \nEach newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement \nEach facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building \nPrior ; and (III) in clause (iii), by striking an annual and inserting a quarterly.",
"id": "id20514a6f311845969eb0d7a2260632b0",
"header": "Amendments to Secure Embassy Construction and Counterterrorism Act of 1999"
},
{
"text": "603. United States diplomatic facility defined \nIn this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.",
"id": "idc889b8ac883b4ca6b35780269046831a",
"header": "United States diplomatic facility defined"
},
{
"text": "302. Diplomatic support and security \n(a) Short title \nThis section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings \nCongress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy \n(1) Purpose \nSection 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security \nSection 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees \n(1) In general \nSection 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee \nIn any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition \nThe Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general \nThe Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations \nIn the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking \nThe Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general \nThe Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification \nWhenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments \nSection 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process \nSection 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee \nSection 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings \nSection 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries \nNothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary..",
"id": "id2A4FD5775E8142B28A39694706C208B3",
"header": "Diplomatic support and security"
},
{
"text": "303. Serious Security Incident investigation process \n(a) Investigation process \n(1) Initiation upon reported incident \nA United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation \nNot later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team \nThe investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation \nNot later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality \nThe investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.",
"id": "id85c5934e839e493caa2a1364cc10f9a8",
"header": "Serious Security Incident investigation process"
},
{
"text": "304. Security Review Committee findings and report \n(a) Findings \nThe Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report \n(1) Submission to secretary of state \nNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress \nNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations \nIf in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.",
"id": "idafc760eb2f4f47508553d256b264bbe0",
"header": "Security Review Committee findings and report"
},
{
"text": "401. Report on barriers to applying for employment with the Department of State \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process.",
"id": "id49f5c36b55c34064a65880909e87dd4b",
"header": "Report on barriers to applying for employment with the Department of State"
},
{
"text": "402. Collection, analysis, and dissemination of workforce data \n(a) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data \nThe report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts \nThe report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report \n(1) In general \nNot later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report \nThe report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable.",
"id": "id8dfe98179afb460bb4d01337beb8e51b",
"header": "Collection, analysis, and dissemination of workforce data"
},
{
"text": "403. Centers of Excellence in Foreign Affairs and Assistance \n(a) Purpose \nThe purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study \n(1) In general \nThe Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve historically underrepresented populations to focus on 1 or more of the areas described in paragraph (2). (2) Elements \nIn conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b).",
"id": "id17a3f9c18a254ccfba53000886eb62f7",
"header": "Centers of Excellence in Foreign Affairs and Assistance"
},
{
"text": "501. United States international cyberspace policy \n(a) In general \nIt is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation \nIn implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices.",
"id": "idF91F3B7A613A47629E7A804497073310",
"header": "United States international cyberspace policy"
},
{
"text": "502. Bureau of Cyberspace and Digital Policy \n(a) In general \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy \n(1) In general \nThere is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties \n(A) In general \nThe head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described \nThe principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications \nThe head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement \n(A) Initial placement \nExcept as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement \nThe head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities \nThe Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction \nNothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress \nIt is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations \nThe Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a).",
"id": "idF5338E5AF7444B2593C0F060642DFEAB",
"header": "Bureau of Cyberspace and Digital Policy"
},
{
"text": "503. International cyberspace and digital policy strategy \n(a) Strategy required \nNot later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements \nThe strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy \n(1) Public availability \nThe strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex \nThe strategy required under subsection (a) may include a classified annex. (d) Briefing \nNot later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates \nThe strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President.",
"id": "id3EC17C28EC2545A48122B082EDA0486B",
"header": "International cyberspace and digital policy strategy"
},
{
"text": "504. Government Accountability Office report on cyber diplomacy \nNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant.",
"id": "idBD9306586C254F07AA8D993D4785E195",
"header": "Government Accountability Office report on cyber diplomacy"
},
{
"text": "505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section.",
"id": "id17A85FEBA52645A18E0D724CCFF6764F",
"header": "Report on diplomatic programs to detect and respond to cyber threats against allies and partners"
},
{
"text": "506. Cybersecurity recruitment and retention \n(a) Sense of Congress \nIt is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition \n(1) Establishment \nThe Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals \nThe goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations \nThere is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals \nTo increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay.",
"id": "id7EF74E09463047B3B671654C1D9D4904",
"header": "Cybersecurity recruitment and retention"
},
{
"text": "507. Short course on emerging technologies for senior officials \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives \nThe Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course.",
"id": "idA5913309BF0A4C61917B106ED3E92925",
"header": "Short course on emerging technologies for senior officials"
},
{
"text": "508. Establishment and expansion of Regional Technology Officer Program \n(a) Regional Technology Officer Program \n(1) Establishment \nThe Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals \nThe goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section.",
"id": "idD0594EE3B2644768B9C1B8873F3EB2A8",
"header": "Establishment and expansion of Regional Technology Officer Program"
},
{
"text": "509. Vulnerability disclosure policy and bug bounty program report \n(a) Definitions \nIn this section: (1) Bug bounty program \nThe term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology \nThe term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports \nNot later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report \nNot later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems.",
"id": "idB92F9B167A6444F7BC9636EF6440BFC0",
"header": "Vulnerability disclosure policy and bug bounty program report"
},
{
"text": "601. United States participation in international fairs and expositions \n(a) In general \nNotwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds \nSenior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations \nThere is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits.",
"id": "id045F6F368AE54659BA162D11B69610A3",
"header": "United States participation in international fairs and expositions"
},
{
"text": "602. Press freedom curriculum \nThe Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.",
"id": "idC8624A87BA4A427CAFFA9BD365E951FF",
"header": "Press freedom curriculum"
},
{
"text": "603. Global Engagement Center \n(a) In general \nSection 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center \nNotwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates.",
"id": "id26EFA5235FC948ABAFC43EA64B80A751",
"header": "Global Engagement Center"
},
{
"text": "604. Under Secretary for Public Diplomacy \nSection 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus..",
"id": "idE61FD85112054FF19D896A97B6322334",
"header": "Under Secretary for Public Diplomacy"
},
{
"text": "701. Supporting the employment of United States citizens by international organizations \n(a) In general \nThe Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations \nAmounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (a).",
"id": "id550B4FB455ED4F7F9CE4DBCFD237207F",
"header": "Supporting the employment of United States citizens by international organizations"
},
{
"text": "702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations \n(a) Additional employees \nSection 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41. (b) Health systems and resilience fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund. (2) Authorization of appropriations \nThere is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended.",
"id": "idc72094df05e44377874e2b6475e660c8",
"header": "Increasing housing availability for certain employees assigned to the United States Mission to the United Nations"
},
{
"text": "703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nThe United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council..",
"id": "id84d398e22ce54f79b1e47d3a26d9ecd2",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council \nNone of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.",
"id": "id0bd201b880f04a0abd3cba5180027a4c",
"header": "Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council"
},
{
"text": "704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund \nThe United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee..",
"id": "id9d229c3408f943c48dcdccb117228443",
"header": "Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund"
},
{
"text": "307. Grantee corporate boards of directors \n(a) In general \nThe corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees \nNo employee of any grantee under this title may be a Federal employee.",
"id": "id229A3F538189412FB83DC240242B7834",
"header": "Grantee corporate boards of directors"
},
{
"text": "705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation \nSection 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed.",
"id": "id32be0ad4e7914764b10e4e1029933156",
"header": "Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation"
},
{
"text": "706. International broadcasting activities \nSection 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,.",
"id": "idC7541D1180844B4896220B8A3213D074",
"header": "International broadcasting activities"
},
{
"text": "707. Global internet freedom \n(a) Statement of policy \nIt is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs \nGlobal internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations \nThere are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities \n(1) Annual certification \nFor any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing \nThe Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media \nThe Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report \nNot later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report \nNot later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits \nBefore providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge \n(1) Authorization of appropriations \nSubject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification \nAmounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term \nIn this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.",
"id": "id48ac123bd1f3404e9c83ab30615ee193",
"header": "Global internet freedom"
},
{
"text": "708. Arms Export Control Act alignment with the Export Control Reform Act \nSection 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed..",
"id": "id7E01FB709CF045EDBDA10745D5702C0A",
"header": "Arms Export Control Act alignment with the Export Control Reform Act"
},
{
"text": "709. Increasing the maximum annual lease payment available without approval by the Secretary \nSection 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000.",
"id": "idD616DA57103B4E59941A88F6320566C5",
"header": "Increasing the maximum annual lease payment available without approval by the Secretary"
},
{
"text": "710. Report on United States access to critical mineral resources abroad \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.",
"id": "id41C43BFBEADA46E0BAE5313F894CACA1",
"header": "Report on United States access to critical mineral resources abroad"
},
{
"text": "711. Ensuring the integrity of communications cooperation \n(a) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination \nNotwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner.",
"id": "idF1448CD7EAC045059B41BD98E3C98F70",
"header": "Ensuring the integrity of communications cooperation"
},
{
"text": "712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations \n(a) Notification required \nNot later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required \nNot less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence \nIf the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required \nNot later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs.",
"id": "id87112C0C2749455A87F44D4B3FD17873",
"header": "Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations"
},
{
"text": "713. Provision of parking services and retention of parking fees \nThe Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account.",
"id": "id89B29F44855E432095A7924889CE9B8A",
"header": "Provision of parking services and retention of parking fees"
},
{
"text": "714. Diplomatic reception areas \n(a) Defined term \nIn this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general \nThe Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected \nAmounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended.",
"id": "id3E3009E16C5242DAA7BA722B65F27AFF",
"header": "Diplomatic reception areas"
},
{
"text": "715. Consular and border security programs visa services cost recovery proposal \nSection 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees.",
"id": "id0EF54523885B4201BB7BBB3AC95BC8F7",
"header": "Consular and border security programs visa services cost recovery proposal"
},
{
"text": "801. Consulting services \nAny consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law.",
"id": "idE10A208A97FE44B2803A6A4826C53E0E",
"header": "Consulting services"
},
{
"text": "802. Diplomatic facilities \nFor the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose.",
"id": "id3FC34780560C437E85D72B5BA6B826CE",
"header": "Diplomatic facilities"
},
{
"text": "803. Extension of existing authorities \n(a) Extension of authorities \n(1) Passport fees \nSection 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2023. (2) Incentives for critical posts \nThe authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (3) USAID civil service annuitant waiver \nSection 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2023. (4) Overseas pay comparability and limitation \n(A) In general \nThe authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) Limitation \nThe authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver \nThe authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards \nThe authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority \nThe Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority \nSection 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2023.",
"id": "id19EF75D00F074643852BD99C1C8A20A8",
"header": "Extension of existing authorities"
},
{
"text": "804. War reserves stockpile and military training report \n(a) Extension of war reserves stockpile authority \nSection 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2023.. (b) Annual foreign military training report \nFor the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656.",
"id": "id919644ADEC6F46339D3ADE5EB6D13A83",
"header": "War reserves stockpile and military training report"
}
] | 62 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Department of State 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. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. 2. Definitions
In this Act: (1) Administrator
The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees
The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Department
Unless otherwise specified, the term Department means the Department of State. (4) Secretary
Unless otherwise specified, the term Secretary means the Secretary of State. (5) USAID
The term USAID means the United States Agency for International Development. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation
It is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad
Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress
(1) In general
Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form
The notification described in paragraph (1)(B) may be classified, if necessary.. 103. Family Engagement Coordinator
Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator
There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2).. 104. Rewards for Justice
Section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country.. 105. Ensuring geographic diversity and accessibility of passport agencies
(a) Sense of Congress
It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review
The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations
The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b). 106. Cultural Antiquities Task Force
The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force. 201. Department of State paid Student Internship Program
(a) In general
The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility
An applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection
The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach
The Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation
(1) Housing assistance
(A) Abroad
The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic
The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance
The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education
The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period
(1) In general
Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception
The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver
(A) In general
The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives. (B) Report
The report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports
Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation
(1) In general
Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection
Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority
Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations
Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation
(a) Coordination with other agencies
The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action
(1) Separation for cause
Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual
The Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates
(1) Placement
The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000. 204. Additional personnel to address backlogs in hiring and investigations
(a) In general
The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets
The Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment. 205. Commission on Reform and Modernization of the Department of State
(a) Short title
This section may be cited as the Commission on Reform and Modernization of the Department of State Act. (b) Establishment of Commission
There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes
The purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership
(1) Composition
The Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings
(A) Membership
The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation
Not more than 4 members of the Commission may be from the same political party. (C) Meetings
(i) Initial meeting
The Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency
The Commission shall meet at the call of the co-chairs. (iii) Quorum
Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies
Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission
(1) In general
The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels
The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation
Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission
(1) Hearings and evidence
The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts
The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies
(A) In general
The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information
Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling
Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies
(A) Secretary of State
The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies
Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation
The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations
(A) In general
In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication
In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts
The Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation
Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation
(1) Staff
(A) Compensation
The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees
A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services
The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members
(A) Compensation
(i) In general
Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions
Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses
While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff
The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report
(1) In general
Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements
The report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response
The Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission
(1) In general
The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination
The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability
Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions
(1) Federal advisory committee act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act
The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission. 206. Foreign affairs training
(a) Sense of Congress
It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term
In this section, the term appropriate committees of Congress 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. (c) Training and professional development prioritization
In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships
The Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute
(1) Establishment
Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties
The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership
(A) In general
The Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications
Members of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise
Not fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms
Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement
A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson
(A) Approval
The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service
The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings
The Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation
Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute
(1) Establishment
There is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting
The Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications
The Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties
The Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term
The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation
The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff
(1) Other agencies
National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs
(1) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements
The strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources
In establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements
(1) Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing
Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program
(1) Authorization
The Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management
(1) Sense of congress
It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report
(A) In general
In order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report
Not later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data
The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs
It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations. 207. Security clearance approval process
(a) Recommendations
Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report
Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies. 208. Addendum for study on foreign service allowances
(a) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions. The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements
The addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season. 209. Curtailments, removals from post, and waivers of privileges and immunities
(a) Curtailments report
(1) In general
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents
The Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats
Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities
Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination
This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 210. Report on worldwide availability
(a) In general
Not later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents
The report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances. 211. Professional development
(a) Requirements
The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described
Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts
The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments. 212. Management assessments at diplomatic and consular posts
(a) In general
Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity
All responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey
The survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations
Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral
If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report
The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis
The Secretary shall carry out the surveys required under this section on an initial basis for 5 years. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999
(a) Short title
This section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022. (b) Findings
Congress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress
It is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility
Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility.. (e) Guidance and requirements for diplomatic facilities
(1) Guidance for closure of public diplomacy facilities
Section 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general
In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ).. (2) Security requirements for United States diplomatic facilities
Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general
Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement
(i) In general
Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement
Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building.— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building
Prior ; and (III) in clause (iii), by striking an annual and inserting a quarterly. 603. United States diplomatic facility defined
In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility. 302. Diplomatic support and security
(a) Short title
This section may be cited as the Diplomatic Support and Security Act of 2022. (b) Findings
Congress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy
(1) Purpose
Section 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;. (2) Briefings on embassy security
Section 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires. (d) Security review committees
(1) In general
Section 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee
In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition
The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general
The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations
In the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking
The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general
The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification
Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.. (e) Technical and conforming amendments
Section 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee. (f) Serious security incident investigation process
Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable.. (g) Findings and recommendations of the Security Review Committee
Section 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.. (h) Relation to other proceedings
Section 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses.— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries
Nothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary.. 303. Serious Security Incident investigation process
(a) Investigation process
(1) Initiation upon reported incident
A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation
Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team
The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation
Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality
The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable. 304. Security Review Committee findings and report
(a) Findings
The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report
(1) Submission to secretary of state
Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress
Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (c) Personnel recommendations
If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action. 401. Report on barriers to applying for employment with the Department of State
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process. 402. Collection, analysis, and dissemination of workforce data
(a) Initial report
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 that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data
The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts
The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report
(1) In general
Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report
The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable. 403. Centers of Excellence in Foreign Affairs and Assistance
(a) Purpose
The purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study
(1) In general
The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve historically underrepresented populations to focus on 1 or more of the areas described in paragraph (2). (2) Elements
In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b). 501. United States international cyberspace policy
(a) In general
It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation
In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices. 502. Bureau of Cyberspace and Digital Policy
(a) In general
Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy
(1) In general
There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties
(A) In general
The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022. (B) Duties described
The principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications
The head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement
(A) Initial placement
Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement
The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities
The Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction
Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).. (b) Sense of Congress
It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations
The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a). 503. International cyberspace and digital policy strategy
(a) Strategy required
Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements
The strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy
(1) Public availability
The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex
The strategy required under subsection (a) may include a classified annex. (d) Briefing
Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates
The strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President. 504. Government Accountability Office report on cyber diplomacy
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 and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners
Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section. 506. Cybersecurity recruitment and retention
(a) Sense of Congress
It is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition
(1) Establishment
The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals
The goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations
There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals
To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay. 507. Short course on emerging technologies for senior officials
(a) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives
The Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course. 508. Establishment and expansion of Regional Technology Officer Program
(a) Regional Technology Officer Program
(1) Establishment
The Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals
The goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 509. Vulnerability disclosure policy and bug bounty program report
(a) Definitions
In this section: (1) Bug bounty program
The term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology
The term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports
Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program 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 Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report
Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems. 601. United States participation in international fairs and expositions
(a) In general
Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds
Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. 602. Press freedom curriculum
The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. 603. Global Engagement Center
(a) In general
Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027. (b) Hiring authority for Global Engagement Center
Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates. 604. Under Secretary for Public Diplomacy
Section 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus.. 701. Supporting the employment of United States citizens by international organizations
(a) In general
The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations
Amounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (a). 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations
(a) Additional employees
Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41. (b) Health systems and resilience fund
(1) Establishment
There is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund. (2) Authorization of appropriations
There is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
The United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council.. 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council
None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund
The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee.. 307. Grantee corporate boards of directors
(a) In general
The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees
No employee of any grantee under this title may be a Federal employee. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation
Section 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed. 706. International broadcasting activities
Section 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees,. 707. Global internet freedom
(a) Statement of policy
It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs
Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations
There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities
(1) Annual certification
For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing
The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media
The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report
Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report
Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits
Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge
(1) Authorization of appropriations
Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification
Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term
In this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. 708. Arms Export Control Act alignment with the Export Control Reform Act
Section 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.. 709. Increasing the maximum annual lease payment available without approval by the Secretary
Section 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000. 710. Report on United States access to critical mineral resources abroad
Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies. 711. Ensuring the integrity of communications cooperation
(a) Defined term
In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives. (b) Determination
Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations
(a) Notification required
Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required
Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence
If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required
Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs. 713. Provision of parking services and retention of parking fees
The Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account. 714. Diplomatic reception areas
(a) Defined term
In this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general
The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected
Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended. 715. Consular and border security programs visa services cost recovery proposal
Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees. 801. Consulting services
Any consulting services through procurement contracts shall be limited to contracts in which 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 pursuant to existing law. 802. Diplomatic facilities
For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose. 803. Extension of existing authorities
(a) Extension of authorities
(1) Passport fees
Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2023. (2) Incentives for critical posts
The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (3) USAID civil service annuitant waiver
Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2023. (4) Overseas pay comparability and limitation
(A) In general
The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) Limitation
The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver
The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards
The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives. (7) Department of State Inspector General waiver authority
The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority
Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2023. 804. War reserves stockpile and military training report
(a) Extension of war reserves stockpile authority
Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2023.. (b) Annual foreign military training report
For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656. | 168,112 |
117s1471rs | 117 | s | 1,471 | rs | To enhance protections of Native American tangible cultural heritage, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2021.",
"id": "id278a43e4-cdfb-44ad-9da7-15df4719489c",
"header": "Short title"
},
{
"text": "2. Purposes \nThe purposes of this Act are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ), and other relevant Federal laws; (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act )— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.",
"id": "iddb0f2924-5444-46c2-97a3-b8de2af27345",
"header": "Purposes"
},
{
"text": "3. Definitions \nIn this Act: (1) Archaeological resource \nThe term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. (2) Cultural affiliation \nThe term cultural affiliation means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item \nThe term cultural item means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item prohibited from exportation \nThe term Item Prohibited from Exportation means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or (ii) any other Federal law or treaty. (6) Item requiring export certification \n(A) In general \nThe term Item Requiring Export Certification means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion \nThe term Item Requiring Export Certification does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American \nThe term Native American means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization \nThe term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary \nThe term Secretary means the Secretary of the Interior. (10) Tangible cultural heritage \nThe term tangible cultural heritage means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.",
"id": "id49c01808-440d-4ab5-851c-57d69b7ef577",
"header": "Definitions"
},
{
"text": "4. Enhanced NAGPRA penalties \nSection 1170 of title 18, United States Code, is amended— (1) by striking 5 years each place it appears and inserting 10 years ; and (2) in subsection (a), by striking 12 months and inserting 1 year and 1 day.",
"id": "idACE27AEF05F8425CA2E66B323861CDC2",
"header": "Enhanced NAGPRA penalties"
},
{
"text": "5. Export prohibitions; export certification system; international agreements \n(a) Export prohibitions \n(1) In general \nIt shall be unlawful for any person— (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation; (B) to conspire with any person to engage in an activity described in subparagraph (A); or (C) to conceal an activity described in subparagraph (A). (2) Penalties \nAny person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both. (3) Detention, forfeiture, and repatriation \n(A) Detention and delivery \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and (ii) deliver the Item Prohibited from Exportation to the Secretary. (B) Forfeiture \nAny Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation \nAny Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); or (ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ). (b) Export certification system \n(1) Export certification requirement \n(A) In general \nNo Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection. (B) Publication \nThe Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes— (i) a description of characteristics typical of Items Requiring Export Certification, which shall— (I) include the definitions of the terms— (aa) cultural items in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) archaeological resource in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); (II) describe the provenance requirements associated with the trafficking prohibition applicable to— (aa) cultural items under section 1170(b) of title 18, United States Code; and (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); (III) (aa) include the definitions of the terms Native American and Native Hawaiian in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) describe how those terms apply to archaeological resources under this Act; and (IV) be sufficiently specific and precise to ensure that— (aa) an export certification is required only for Items Requiring Export Certification; and (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification. (2) Eligibility for export certification \nAn Item Requiring Export Certification is eligible for an export certification under this subsection if— (A) the Item Requiring Export Certification is not under ongoing Federal investigation; (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and (C) the Item Requiring Export Certification— (i) is not an Item Prohibited from Exportation; (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export; or (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that— (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) of the Item Requiring Export Certification; or (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 ). (3) Export certification application and issuance procedures \n(A) Applications for export certification \n(i) In general \nAn exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii). (ii) Consequences of false statement \nAny willful or knowing false statement made on an export certification application form under clause (i) shall— (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I). (iii) Form of export certification application \nThe Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant— (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export; (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and (III) include the attestation described in subparagraph (B)(i). (B) Evidence \n(i) In general \nIn completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation. (ii) Sufficiency of attestation \nAn attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I). (iii) Additional requirements \n(I) In general \nThe Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application. (II) Delays or denials \nThe Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is— (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection. (III) Additional evidence \nOn receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection. (C) Database applications \n(i) In general \nThe Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the database ) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations. (ii) Collaboration required \nThe Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. (iii) Availability \nImmediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database. (iv) Deletion from database \nOn request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database. (v) Technical assistance \nIf an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. (D) Issuance of export certification \nOn receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. (E) Revocation of export certification \n(i) In general \nIf credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification. (ii) Determination \nIn determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification. (4) Detention, forfeiture, repatriation, and return \n(A) Detention and delivery \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary. (B) Forfeiture \nAny Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation or return to exporter \n(i) In general \nNot later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation. (ii) Repatriation \nIf an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (I) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); or (II) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ). (iii) Return to exporter \n(I) In general \nIf the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter. (II) Effect \nThe return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection. (5) Penalties \n(A) Items requiring export certification \n(i) In general \nIt shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification. (ii) Penalties \nExcept as provided in subparagraph (D), any person who violates clause (i) shall be— (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and (II) subject to any other applicable penalties under this Act. (B) Items Prohibited from Exportation \nWhoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation. (C) Use of fines collected \nAny amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)— (i) may be used by the Secretary— (I) for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and (II) for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation; (ii) shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and (iii) shall not be covered into the Treasury as miscellaneous receipts. (D) Voluntary return \n(i) In general \nAny person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification. (ii) Actions not commencing a Federal investigation \nFor purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i). (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i). (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii). (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii). (6) Fees \n(A) In general \nThe Secretary may collect reasonable fees to process export certification applications under this subsection. (B) Availability of amounts collected \nAny amounts collected by the Secretary under subparagraph (A)— (i) shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and (ii) shall not be covered into the Treasury as miscellaneous receipts. (7) Administrative appeal \nIf the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10. (8) Training \n(A) In general \nThe Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations. (B) U.S. Customs and Border Protection training \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this Act. (C) Consultation \nIn developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations. (c) Agreements To request return from foreign countries \nThe President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out— (1) to discourage commerce in, and collection of, Items Prohibited from Exportation; (2) to encourage the voluntary return of tangible cultural heritage; and (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a ) (commonly known as the Indian Arts and Crafts Act ).",
"id": "id8912a12c-d0b0-4b1a-9f23-b82621e1d7f9",
"header": "Export prohibitions; export certification system; international agreements"
},
{
"text": "6. Voluntary return of tangible cultural heritage \n(a) Liaison \nThe Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (b) Trainings and workshops \nThe liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage. (c) Referrals \n(1) In general \nThe Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives \nThe Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation \nThe Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1). (4) Third-party experts \nThe Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). (d) Legal liability \nNothing in this section imposes on any individual or entity any additional penalties or legal liability. (e) Tax documentation \nIn facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. (f) Repatriation under native american graves protection and repatriation act \nThe voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3005 ) do not apply to the item of tangible cultural heritage.",
"id": "idd1ddbdd3-5b30-455f-a589-5a14e72aa88c",
"header": "Voluntary return of tangible cultural heritage"
},
{
"text": "7. Interagency working group \n(a) In general \nThe Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security. (b) Goals \nThe goals of the interagency working group convened under subsection (a) are— (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law; (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and (3) to improve the implementation by the applicable Federal agencies of— (A) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); (B) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); and (C) other relevant Federal laws. (c) Responsibilities \nThe interagency working group convened under subsection (a) shall— (1) aid in implementation of this Act and the amendments made by this Act, including by aiding in— (A) the voluntary return of tangible cultural heritage under section 6; and (B) halting international sales of items that are prohibited from being trafficked under Federal law; and (2) collaborate with— (A) the Native working group convened under section 8(a); (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ); (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note); and (D) any other relevant committees and working groups.",
"id": "id4697aa91-0936-4895-a780-78d2b22fc0d0",
"header": "Interagency working group"
},
{
"text": "8. Native working group \n(a) In general \nThe Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section. (b) Recommendations \nThe Native working group convened under subsection (a) may provide recommendations regarding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests \nThe Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that— (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. (d) Agency and committee assistance \n(1) In general \nOn request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group. (2) Description of agencies and committees \nThe agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ). (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a).",
"id": "id8316821d-f459-489a-9f89-be8839b65da7",
"header": "Native working group"
},
{
"text": "9. Treatment under Freedom of Information Act \n(a) In general \nExcept as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this Act or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this Act or an amendment made by this Act that relates to an item for which an export certification is denied under this Act. (b) Applicability \nFor purposes of subsection (a), this Act shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. (c) Exception \nAn Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.",
"id": "idd5aee5fe-37b3-4237-bd60-a8c7e87d53fd",
"header": "Treatment under Freedom of Information Act"
},
{
"text": "10. Regulations \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this Act. (b) Inclusion \nThe regulations promulgated by the Secretary pursuant to subsection (a) shall include a reasonable deadline by which the Secretary shall approve or deny an export certification application under section 5(b).",
"id": "id0befc34ef7fe48ea91c393be04492f00",
"header": "Regulations"
},
{
"text": "11. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026.",
"id": "idd6a2f9eccee54d6288a281aff06b5b03",
"header": "Authorization of appropriations"
}
] | 11 | 1. Short title
This Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2021. 2. Purposes
The purposes of this Act are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ), and other relevant Federal laws; (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act )— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes. 3. Definitions
In this Act: (1) Archaeological resource
The term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. (2) Cultural affiliation
The term cultural affiliation means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item
The term cultural item means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item prohibited from exportation
The term Item Prohibited from Exportation means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or (ii) any other Federal law or treaty. (6) Item requiring export certification
(A) In general
The term Item Requiring Export Certification means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion
The term Item Requiring Export Certification does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American
The term Native American means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization
The term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary
The term Secretary means the Secretary of the Interior. (10) Tangible cultural heritage
The term tangible cultural heritage means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture. 4. Enhanced NAGPRA penalties
Section 1170 of title 18, United States Code, is amended— (1) by striking 5 years each place it appears and inserting 10 years ; and (2) in subsection (a), by striking 12 months and inserting 1 year and 1 day. 5. Export prohibitions; export certification system; international agreements
(a) Export prohibitions
(1) In general
It shall be unlawful for any person— (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation; (B) to conspire with any person to engage in an activity described in subparagraph (A); or (C) to conceal an activity described in subparagraph (A). (2) Penalties
Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both. (3) Detention, forfeiture, and repatriation
(A) Detention and delivery
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and (ii) deliver the Item Prohibited from Exportation to the Secretary. (B) Forfeiture
Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation
Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); or (ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ). (b) Export certification system
(1) Export certification requirement
(A) In general
No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection. (B) Publication
The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes— (i) a description of characteristics typical of Items Requiring Export Certification, which shall— (I) include the definitions of the terms— (aa) cultural items in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) archaeological resource in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); (II) describe the provenance requirements associated with the trafficking prohibition applicable to— (aa) cultural items under section 1170(b) of title 18, United States Code; and (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); (III) (aa) include the definitions of the terms Native American and Native Hawaiian in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) describe how those terms apply to archaeological resources under this Act; and (IV) be sufficiently specific and precise to ensure that— (aa) an export certification is required only for Items Requiring Export Certification; and (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification. (2) Eligibility for export certification
An Item Requiring Export Certification is eligible for an export certification under this subsection if— (A) the Item Requiring Export Certification is not under ongoing Federal investigation; (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and (C) the Item Requiring Export Certification— (i) is not an Item Prohibited from Exportation; (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export; or (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that— (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) of the Item Requiring Export Certification; or (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 ). (3) Export certification application and issuance procedures
(A) Applications for export certification
(i) In general
An exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii). (ii) Consequences of false statement
Any willful or knowing false statement made on an export certification application form under clause (i) shall— (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I). (iii) Form of export certification application
The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant— (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export; (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and (III) include the attestation described in subparagraph (B)(i). (B) Evidence
(i) In general
In completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation. (ii) Sufficiency of attestation
An attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I). (iii) Additional requirements
(I) In general
The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application. (II) Delays or denials
The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is— (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection. (III) Additional evidence
On receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection. (C) Database applications
(i) In general
The Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the database ) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations. (ii) Collaboration required
The Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. (iii) Availability
Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database. (iv) Deletion from database
On request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database. (v) Technical assistance
If an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. (D) Issuance of export certification
On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. (E) Revocation of export certification
(i) In general
If credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification. (ii) Determination
In determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification. (4) Detention, forfeiture, repatriation, and return
(A) Detention and delivery
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary. (B) Forfeiture
Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation or return to exporter
(i) In general
Not later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation. (ii) Repatriation
If an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (I) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); or (II) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ). (iii) Return to exporter
(I) In general
If the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter. (II) Effect
The return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection. (5) Penalties
(A) Items requiring export certification
(i) In general
It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification. (ii) Penalties
Except as provided in subparagraph (D), any person who violates clause (i) shall be— (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and (II) subject to any other applicable penalties under this Act. (B) Items Prohibited from Exportation
Whoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation. (C) Use of fines collected
Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)— (i) may be used by the Secretary— (I) for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and (II) for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation; (ii) shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and (iii) shall not be covered into the Treasury as miscellaneous receipts. (D) Voluntary return
(i) In general
Any person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification. (ii) Actions not commencing a Federal investigation
For purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i). (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i). (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii). (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii). (6) Fees
(A) In general
The Secretary may collect reasonable fees to process export certification applications under this subsection. (B) Availability of amounts collected
Any amounts collected by the Secretary under subparagraph (A)— (i) shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and (ii) shall not be covered into the Treasury as miscellaneous receipts. (7) Administrative appeal
If the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10. (8) Training
(A) In general
The Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations. (B) U.S. Customs and Border Protection training
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this Act. (C) Consultation
In developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations. (c) Agreements To request return from foreign countries
The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out— (1) to discourage commerce in, and collection of, Items Prohibited from Exportation; (2) to encourage the voluntary return of tangible cultural heritage; and (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a ) (commonly known as the Indian Arts and Crafts Act ). 6. Voluntary return of tangible cultural heritage
(a) Liaison
The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (b) Trainings and workshops
The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage. (c) Referrals
(1) In general
The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives
The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation
The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1). (4) Third-party experts
The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). (d) Legal liability
Nothing in this section imposes on any individual or entity any additional penalties or legal liability. (e) Tax documentation
In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. (f) Repatriation under native american graves protection and repatriation act
The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3005 ) do not apply to the item of tangible cultural heritage. 7. Interagency working group
(a) In general
The Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security. (b) Goals
The goals of the interagency working group convened under subsection (a) are— (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law; (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and (3) to improve the implementation by the applicable Federal agencies of— (A) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) (including section 1170 of title 18, United States Code, as added by that Act); (B) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); and (C) other relevant Federal laws. (c) Responsibilities
The interagency working group convened under subsection (a) shall— (1) aid in implementation of this Act and the amendments made by this Act, including by aiding in— (A) the voluntary return of tangible cultural heritage under section 6; and (B) halting international sales of items that are prohibited from being trafficked under Federal law; and (2) collaborate with— (A) the Native working group convened under section 8(a); (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ); (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note); and (D) any other relevant committees and working groups. 8. Native working group
(a) In general
The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section. (b) Recommendations
The Native working group convened under subsection (a) may provide recommendations regarding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests
The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that— (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. (d) Agency and committee assistance
(1) In general
On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group. (2) Description of agencies and committees
The agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ). (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a). 9. Treatment under Freedom of Information Act
(a) In general
Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this Act or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this Act or an amendment made by this Act that relates to an item for which an export certification is denied under this Act. (b) Applicability
For purposes of subsection (a), this Act shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. (c) Exception
An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information. 10. Regulations
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this Act. (b) Inclusion
The regulations promulgated by the Secretary pursuant to subsection (a) shall include a reasonable deadline by which the Secretary shall approve or deny an export certification application under section 5(b). 11. Authorization of appropriations
There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026. | 33,834 |
117s1471is | 117 | s | 1,471 | is | To enhance protections of Native American tangible cultural heritage, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2021.",
"id": "id278a43e4-cdfb-44ad-9da7-15df4719489c",
"header": "Short title"
},
{
"text": "2. Purposes \nThe purposes of this Act are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act )— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.",
"id": "iddb0f2924-5444-46c2-97a3-b8de2af27345",
"header": "Purposes"
},
{
"text": "3. Definitions \nIn this Act: (1) Archaeological resource \nThe term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. (2) Cultural affiliation \nThe term cultural affiliation means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item \nThe term cultural item means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item prohibited from exportation \nThe term Item Prohibited from Exportation means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or (ii) any other Federal law or treaty. (6) Item requiring export certification \n(A) In general \nThe term Item Requiring Export Certification means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion \nThe term Item Requiring Export Certification does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American \nThe term Native American means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization \nThe term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary \nThe term Secretary means the Secretary of the Interior. (10) Tangible cultural heritage \nThe term tangible cultural heritage means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.",
"id": "id49c01808-440d-4ab5-851c-57d69b7ef577",
"header": "Definitions"
},
{
"text": "4. Enhanced NAGPRA penalties \nSection 1170 of title 18, United States Code, is amended— (1) by striking 5 years each place it appears and inserting 10 years ; and (2) in subsection (a), by striking 12 months and inserting 1 year and 1 day.",
"id": "idACE27AEF05F8425CA2E66B323861CDC2",
"header": "Enhanced NAGPRA penalties"
},
{
"text": "5. Export prohibitions; export certification system; international agreements \n(a) Export prohibitions \n(1) In general \nIt shall be unlawful for any person— (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation; (B) to conspire with any person to engage in an activity described in subparagraph (A); or (C) to conceal an activity described in subparagraph (A). (2) Penalties \nAny person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both. (3) Detention, forfeiture, and repatriation \n(A) Detention and delivery \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and (ii) deliver the Item Prohibited from Exportation to the Secretary. (B) Forfeiture \nAny Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation \nAny Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (b) Export certification system \n(1) Export certification requirement \n(A) In general \nNo Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection. (B) Publication \nThe Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes— (i) a description of characteristics typical of Items Requiring Export Certification, which shall— (I) include the definitions of the terms— (aa) cultural items in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) archaeological resource in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); (II) describe the provenance requirements associated with the trafficking prohibition applicable to— (aa) cultural items under section 1170(b) of title 18, United States Code; and (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); (III) (aa) include the definitions of the terms Native American and Native Hawaiian in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) describe how those terms apply to archaeological resources under this Act; and (IV) be sufficiently specific and precise to ensure that— (aa) an export certification is required only for Items Requiring Export Certification; and (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification. (2) Eligibility for export certification \nAn Item Requiring Export Certification is eligible for an export certification under this subsection if— (A) the Item Requiring Export Certification is not under ongoing Federal investigation; (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and (C) the Item Requiring Export Certification— (i) is not an Item Prohibited from Exportation; (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export; or (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that— (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) of the Item Requiring Export Certification; or (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 ). (3) Export certification application and issuance procedures \n(A) Applications for export certification \n(i) In general \nAn exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii). (ii) Consequences of false statement \nAny willful or knowing false statement made on an export certification application form under clause (i) shall— (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I). (iii) Form of export certification application \nThe Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant— (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export; (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and (III) include the attestation described in subparagraph (B)(i). (B) Evidence \n(i) In general \nIn completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation. (ii) Sufficiency of attestation \nAn attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I). (iii) Additional requirements \n(I) In general \nThe Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application. (II) Delays or denials \nThe Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is— (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection. (III) Additional evidence \nOn receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection. (C) Database applications \n(i) In general \nThe Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the database ) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations. (ii) Collaboration required \nThe Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. (iii) Availability \nImmediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database. (iv) Deletion from database \nOn request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database. (v) Technical assistance \nIf an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. (D) Issuance of export certification \nOn receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. (E) Revocation of export certification \n(i) In general \nIf credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification. (ii) Determination \nIn determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification. (4) Detention, forfeiture, repatriation, and return \n(A) Detention and delivery \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary. (B) Forfeiture \nAny Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation or return to exporter \n(i) In general \nNot later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation. (ii) Repatriation \nIf an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (I) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (II) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (iii) Return to exporter \n(I) In general \nIf the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter. (II) Effect \nThe return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection. (5) Penalties \n(A) Items requiring export certification \n(i) In general \nIt shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification. (ii) Penalties \nExcept as provided in subparagraph (D), any person who violates clause (i) shall be— (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and (II) subject to any other applicable penalties under this Act. (B) Items Prohibited from Exportation \nWhoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation. (C) Use of fines collected \nAny amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)— (i) may be used by the Secretary— (I) for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and (II) for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation; (ii) shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and (iii) shall not be covered into the Treasury as miscellaneous receipts. (D) Voluntary return \n(i) In general \nAny person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification. (ii) Actions not commencing a Federal investigation \nFor purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i). (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i). (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii). (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii). (6) Fees \n(A) In general \nThe Secretary may collect reasonable fees to process export certification applications under this subsection. (B) Availability of amounts collected \nAny amounts collected by the Secretary under subparagraph (A)— (i) shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and (ii) shall not be covered into the Treasury as miscellaneous receipts. (7) Administrative appeal \nIf the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10. (8) Training \n(A) In general \nThe Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations. (B) U.S. Customs and Border Protection training \nThe Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this Act. (C) Consultation \nIn developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations. (c) Agreements To request return from foreign countries \nThe President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out— (1) to discourage commerce in, and collection of, Items Prohibited from Exportation; (2) to encourage the voluntary return of tangible cultural heritage; and (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a ) (commonly known as the Indian Arts and Crafts Act ).",
"id": "id8912a12c-d0b0-4b1a-9f23-b82621e1d7f9",
"header": "Export prohibitions; export certification system; international agreements"
},
{
"text": "6. Voluntary return of tangible cultural heritage \n(a) Liaison \nThe Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (b) Trainings and workshops \nThe liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage. (c) Referrals \n(1) In general \nThe Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives \nThe Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation \nThe Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1). (4) Third-party experts \nThe Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). (d) Legal liability \nNothing in this section imposes on any individual or entity any additional penalties or legal liability. (e) Tax documentation \nIn facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. (f) Repatriation under native american graves protection and repatriation act \nThe voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3005 ) do not apply to the item of tangible cultural heritage.",
"id": "idd1ddbdd3-5b30-455f-a589-5a14e72aa88c",
"header": "Voluntary return of tangible cultural heritage"
},
{
"text": "7. Interagency working group \n(a) In general \nThe Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security. (b) Goals \nThe goals of the interagency working group convened under subsection (a) are— (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law; (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and (3) to improve the implementation by the applicable Federal agencies of— (A) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); (B) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); and (C) other relevant Federal laws. (c) Responsibilities \nThe interagency working group convened under subsection (a) shall— (1) aid in implementation of this Act and the amendments made by this Act, including by aiding in— (A) the voluntary return of tangible cultural heritage under section 6; and (B) halting international sales of items that are prohibited from being trafficked under Federal law; and (2) collaborate with— (A) the Native working group convened under section 8(a); (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ); (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note); and (D) any other relevant committees and working groups.",
"id": "id4697aa91-0936-4895-a780-78d2b22fc0d0",
"header": "Interagency working group"
},
{
"text": "8. Native working group \n(a) In general \nThe Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section. (b) Recommendations \nThe Native working group convened under subsection (a) may provide recommendations regarding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests \nThe Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that— (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. (d) Agency and committee assistance \n(1) In general \nOn request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group. (2) Description of agencies and committees \nThe agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ). (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a).",
"id": "id8316821d-f459-489a-9f89-be8839b65da7",
"header": "Native working group"
},
{
"text": "9. Treatment under Freedom of Information Act \n(a) In general \nExcept as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this Act or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this Act or an amendment made by this Act that relates to an item for which an export certification is denied under this Act. (b) Applicability \nFor purposes of subsection (a), this Act shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. (c) Exception \nAn Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.",
"id": "idd5aee5fe-37b3-4237-bd60-a8c7e87d53fd",
"header": "Treatment under Freedom of Information Act"
},
{
"text": "10. Regulations \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this Act. (b) Inclusion \nThe regulations promulgated by the Secretary pursuant to subsection (a) shall include a reasonable deadline by which the Secretary shall approve or deny an export certification application under section 5(b).",
"id": "id0befc34ef7fe48ea91c393be04492f00",
"header": "Regulations"
},
{
"text": "11. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026.",
"id": "idd6a2f9eccee54d6288a281aff06b5b03",
"header": "Authorization of appropriations"
}
] | 11 | 1. Short title
This Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2021. 2. Purposes
The purposes of this Act are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act )— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes. 3. Definitions
In this Act: (1) Archaeological resource
The term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. (2) Cultural affiliation
The term cultural affiliation means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item
The term cultural item means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item prohibited from exportation
The term Item Prohibited from Exportation means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or (ii) any other Federal law or treaty. (6) Item requiring export certification
(A) In general
The term Item Requiring Export Certification means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion
The term Item Requiring Export Certification does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American
The term Native American means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization
The term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary
The term Secretary means the Secretary of the Interior. (10) Tangible cultural heritage
The term tangible cultural heritage means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture. 4. Enhanced NAGPRA penalties
Section 1170 of title 18, United States Code, is amended— (1) by striking 5 years each place it appears and inserting 10 years ; and (2) in subsection (a), by striking 12 months and inserting 1 year and 1 day. 5. Export prohibitions; export certification system; international agreements
(a) Export prohibitions
(1) In general
It shall be unlawful for any person— (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation; (B) to conspire with any person to engage in an activity described in subparagraph (A); or (C) to conceal an activity described in subparagraph (A). (2) Penalties
Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both. (3) Detention, forfeiture, and repatriation
(A) Detention and delivery
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and (ii) deliver the Item Prohibited from Exportation to the Secretary. (B) Forfeiture
Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation
Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (b) Export certification system
(1) Export certification requirement
(A) In general
No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection. (B) Publication
The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes— (i) a description of characteristics typical of Items Requiring Export Certification, which shall— (I) include the definitions of the terms— (aa) cultural items in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) archaeological resource in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); (II) describe the provenance requirements associated with the trafficking prohibition applicable to— (aa) cultural items under section 1170(b) of title 18, United States Code; and (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); (III) (aa) include the definitions of the terms Native American and Native Hawaiian in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) describe how those terms apply to archaeological resources under this Act; and (IV) be sufficiently specific and precise to ensure that— (aa) an export certification is required only for Items Requiring Export Certification; and (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification. (2) Eligibility for export certification
An Item Requiring Export Certification is eligible for an export certification under this subsection if— (A) the Item Requiring Export Certification is not under ongoing Federal investigation; (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and (C) the Item Requiring Export Certification— (i) is not an Item Prohibited from Exportation; (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export; or (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that— (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) of the Item Requiring Export Certification; or (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 ). (3) Export certification application and issuance procedures
(A) Applications for export certification
(i) In general
An exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii). (ii) Consequences of false statement
Any willful or knowing false statement made on an export certification application form under clause (i) shall— (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I). (iii) Form of export certification application
The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant— (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export; (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and (III) include the attestation described in subparagraph (B)(i). (B) Evidence
(i) In general
In completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation. (ii) Sufficiency of attestation
An attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I). (iii) Additional requirements
(I) In general
The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application. (II) Delays or denials
The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is— (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection. (III) Additional evidence
On receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection. (C) Database applications
(i) In general
The Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the database ) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations. (ii) Collaboration required
The Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. (iii) Availability
Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database. (iv) Deletion from database
On request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database. (v) Technical assistance
If an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. (D) Issuance of export certification
On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. (E) Revocation of export certification
(i) In general
If credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification. (ii) Determination
In determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification. (4) Detention, forfeiture, repatriation, and return
(A) Detention and delivery
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary. (B) Forfeiture
Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation or return to exporter
(i) In general
Not later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation. (ii) Repatriation
If an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (I) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (II) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (iii) Return to exporter
(I) In general
If the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter. (II) Effect
The return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection. (5) Penalties
(A) Items requiring export certification
(i) In general
It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification. (ii) Penalties
Except as provided in subparagraph (D), any person who violates clause (i) shall be— (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and (II) subject to any other applicable penalties under this Act. (B) Items Prohibited from Exportation
Whoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation. (C) Use of fines collected
Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)— (i) may be used by the Secretary— (I) for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and (II) for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation; (ii) shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and (iii) shall not be covered into the Treasury as miscellaneous receipts. (D) Voluntary return
(i) In general
Any person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification. (ii) Actions not commencing a Federal investigation
For purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i). (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i). (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii). (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii). (6) Fees
(A) In general
The Secretary may collect reasonable fees to process export certification applications under this subsection. (B) Availability of amounts collected
Any amounts collected by the Secretary under subparagraph (A)— (i) shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and (ii) shall not be covered into the Treasury as miscellaneous receipts. (7) Administrative appeal
If the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10. (8) Training
(A) In general
The Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations. (B) U.S. Customs and Border Protection training
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this Act. (C) Consultation
In developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations. (c) Agreements To request return from foreign countries
The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out— (1) to discourage commerce in, and collection of, Items Prohibited from Exportation; (2) to encourage the voluntary return of tangible cultural heritage; and (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a ) (commonly known as the Indian Arts and Crafts Act ). 6. Voluntary return of tangible cultural heritage
(a) Liaison
The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (b) Trainings and workshops
The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage. (c) Referrals
(1) In general
The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives
The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation
The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1). (4) Third-party experts
The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). (d) Legal liability
Nothing in this section imposes on any individual or entity any additional penalties or legal liability. (e) Tax documentation
In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. (f) Repatriation under native american graves protection and repatriation act
The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3005 ) do not apply to the item of tangible cultural heritage. 7. Interagency working group
(a) In general
The Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security. (b) Goals
The goals of the interagency working group convened under subsection (a) are— (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law; (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and (3) to improve the implementation by the applicable Federal agencies of— (A) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); (B) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); and (C) other relevant Federal laws. (c) Responsibilities
The interagency working group convened under subsection (a) shall— (1) aid in implementation of this Act and the amendments made by this Act, including by aiding in— (A) the voluntary return of tangible cultural heritage under section 6; and (B) halting international sales of items that are prohibited from being trafficked under Federal law; and (2) collaborate with— (A) the Native working group convened under section 8(a); (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ); (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note); and (D) any other relevant committees and working groups. 8. Native working group
(a) In general
The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section. (b) Recommendations
The Native working group convened under subsection (a) may provide recommendations regarding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests
The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that— (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. (d) Agency and committee assistance
(1) In general
On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group. (2) Description of agencies and committees
The agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ). (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a). 9. Treatment under Freedom of Information Act
(a) In general
Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this Act or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this Act or an amendment made by this Act that relates to an item for which an export certification is denied under this Act. (b) Applicability
For purposes of subsection (a), this Act shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. (c) Exception
An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information. 10. Regulations
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this Act. (b) Inclusion
The regulations promulgated by the Secretary pursuant to subsection (a) shall include a reasonable deadline by which the Secretary shall approve or deny an export certification application under section 5(b). 11. Authorization of appropriations
There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026. | 33,818 |
117s2811is | 117 | s | 2,811 | is | To direct the Secretary of Defense to carry out a pilot program to pre-program suicide prevention resources into smart devices issued to members of the Armed Forces. | [
{
"text": "1. Short title \nThis Act may be cited as the Military Suicide Prevention in the 21st Century Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) Although personal electronic devices, such as mobile phones, computers, and tablets, increasingly are being leveraged as vehicles for health in the civilian world, almost nothing is known about personal technology use among members of the Armed Forces. (2) The Defense Health Agency created the Virtual Hope Box application to help members of the Armed Forces build resilience. (3) Users of the Virtual Hope Box application reported significantly greater ability to cope with unpleasant emotions and thoughts. (4) Members of the Armed Forces who are behavioral health patients experiencing distress, emotional dysregulation, or suicidal ideation are often separated from direct clinical support when they need it. (5) The Virtual Hope Box application offers a highly portable, accessible, and discreet tool for effectively increasing coping self-efficacy. (6) A strongly linked chain of care depends on engaged leaders as well as highly competent first responders, crisis hotline workers, emergency department personnel, chaplains, primary care clinicians, and behavioral health clinicians.",
"id": "id4EE991E054794DDEB12061A25805AC01",
"header": "Findings"
},
{
"text": "3. Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces \n(a) In general \nCommencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary— (1) pre-downloads the Virtual Hope Box application of the Defense Health Agency, or successor application, on smart devices individually issued to members of the Armed Forces; (2) pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such devices; and (3) provides training, as part of training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2). (b) Duration \nThe Secretary shall carry out the pilot program under this section for a two-year period. (c) Scope \nThe Secretary shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size. (d) Identification of other resources \nIn carrying out the pilot program under this section, the Secretary shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program. (e) Report \nNot later than 30 days after completing the pilot program under this section, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (f) Veterans crisis line defined \nIn this section, the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.",
"id": "idFD411B6BAE054763B58F7B1438C2EF98",
"header": "Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces"
}
] | 3 | 1. Short title
This Act may be cited as the Military Suicide Prevention in the 21st Century Act. 2. Findings
Congress finds the following: (1) Although personal electronic devices, such as mobile phones, computers, and tablets, increasingly are being leveraged as vehicles for health in the civilian world, almost nothing is known about personal technology use among members of the Armed Forces. (2) The Defense Health Agency created the Virtual Hope Box application to help members of the Armed Forces build resilience. (3) Users of the Virtual Hope Box application reported significantly greater ability to cope with unpleasant emotions and thoughts. (4) Members of the Armed Forces who are behavioral health patients experiencing distress, emotional dysregulation, or suicidal ideation are often separated from direct clinical support when they need it. (5) The Virtual Hope Box application offers a highly portable, accessible, and discreet tool for effectively increasing coping self-efficacy. (6) A strongly linked chain of care depends on engaged leaders as well as highly competent first responders, crisis hotline workers, emergency department personnel, chaplains, primary care clinicians, and behavioral health clinicians. 3. Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces
(a) In general
Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary— (1) pre-downloads the Virtual Hope Box application of the Defense Health Agency, or successor application, on smart devices individually issued to members of the Armed Forces; (2) pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such devices; and (3) provides training, as part of training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2). (b) Duration
The Secretary shall carry out the pilot program under this section for a two-year period. (c) Scope
The Secretary shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size. (d) Identification of other resources
In carrying out the pilot program under this section, the Secretary shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program. (e) Report
Not later than 30 days after completing the pilot program under this section, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (f) Veterans crisis line defined
In this section, the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. | 3,093 |
117s3611is | 117 | s | 3,611 | is | To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Provider Relief Fund Improvement Act.",
"id": "HF9A0BC2D9A0045EE862A43A396AEAA7C",
"header": "Short title"
},
{
"text": "2. COVID–19 provider relief fund improvements \n(a) Extension of deadline for eligible health care providers To use certain funds received from the COVID–19 provider relief fund \n(1) Payment received periods 1 and 2 \nEffective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID–19 emergency period. (2) Adjustment of reporting time period \nThe Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). (3) Modification of deadline for period 3 \nThe deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of— (A) the end of the COVID–19 emergency period; or (B) June 30, 2022. (b) Requirement To distribute remaining COVID–19 provider relief funds by March 31, 2022 \n(1) Requirement for distributions \n(A) In general \nNot later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. (B) Deadline to use funds \nThe deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021 \nNotwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (3) Allocation of payments returned due to previous deadlines \n(A) In general \nThe Secretary shall establish a process for eligible health care providers to apply to receive funds from the Secretary in amounts up to the amount each such provider returned to the Provider Relief Fund due to previous reporting and use of funds deadlines. (B) Clarifications \nFunding under this paragraph shall be— (i) available with respect to amounts returned by eligible health care providers between June 30, 2021, and December 30, 2021; and (ii) in addition to amounts made available to such providers under paragraph (1). (c) Clarification of use of funds for workplace safety and security \n(1) In general \nFunds appropriated to the Provider Relief Fund for eligible health care providers and funds appropriated under section 1150C of the Social Security Act ( 42 U.S.C. 1320b–26 ) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on, or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. (2) Additional clarification of permissible expenses \nExpenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (d) Definitions \nIn this section: (1) Coronavirus \nThe term coronavirus means severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) or another coronavirus with pandemic potential. (2) Covered payment received period \nThe term covered payment received period means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance— (A) the Period 1 specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the Period 2 specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID–19 emergency period \nThe term COVID–19 emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). (4) Eligible health care provider \nThe term eligible health care provider has the meaning given such term in the third proviso of 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 ). (5) Provider relief fund \nThe 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 revenues that are attributable to coronavirus for which appropriations are made under— (A) 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 ); (B) 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 (C) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )). (6) Provider relief fund guidance \nThe term Provider Relief Fund Guidance refers to the guidance entitled Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirements issued by the Secretary of Health and Human Services on June 11, 2021. (7) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.",
"id": "HCBA02A76F0284242855912F461C87092",
"header": "COVID–19 provider relief fund improvements"
}
] | 2 | 1. Short title
This Act may be cited as the Provider Relief Fund Improvement Act. 2. COVID–19 provider relief fund improvements
(a) Extension of deadline for eligible health care providers To use certain funds received from the COVID–19 provider relief fund
(1) Payment received periods 1 and 2
Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID–19 emergency period. (2) Adjustment of reporting time period
The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). (3) Modification of deadline for period 3
The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of— (A) the end of the COVID–19 emergency period; or (B) June 30, 2022. (b) Requirement To distribute remaining COVID–19 provider relief funds by March 31, 2022
(1) Requirement for distributions
(A) In general
Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. (B) Deadline to use funds
The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021
Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (3) Allocation of payments returned due to previous deadlines
(A) In general
The Secretary shall establish a process for eligible health care providers to apply to receive funds from the Secretary in amounts up to the amount each such provider returned to the Provider Relief Fund due to previous reporting and use of funds deadlines. (B) Clarifications
Funding under this paragraph shall be— (i) available with respect to amounts returned by eligible health care providers between June 30, 2021, and December 30, 2021; and (ii) in addition to amounts made available to such providers under paragraph (1). (c) Clarification of use of funds for workplace safety and security
(1) In general
Funds appropriated to the Provider Relief Fund for eligible health care providers and funds appropriated under section 1150C of the Social Security Act ( 42 U.S.C. 1320b–26 ) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on, or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. (2) Additional clarification of permissible expenses
Expenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (d) Definitions
In this section: (1) Coronavirus
The term coronavirus means severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) or another coronavirus with pandemic potential. (2) Covered payment received period
The term covered payment received period means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance— (A) the Period 1 specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the Period 2 specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID–19 emergency period
The term COVID–19 emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). (4) Eligible health care provider
The term eligible health care provider has the meaning given such term in the third proviso of 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 ). (5) Provider relief fund
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 revenues that are attributable to coronavirus for which appropriations are made under— (A) 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 ); (B) 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 (C) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )). (6) Provider relief fund guidance
The term Provider Relief Fund Guidance refers to the guidance entitled Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirements issued by the Secretary of Health and Human Services on June 11, 2021. (7) Secretary
The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration. | 7,820 |
117s2958is | 117 | s | 2,958 | is | To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs. | [
{
"text": "1. Short title \nThis Act may be cited as the Witness Security and Protection Grant Program Act of 2021.",
"id": "H776321DB2ACF4B9BBD1BA2D035CA826F",
"header": "Short title"
},
{
"text": "2. Witness Protection Grant Program \n(a) Definitions \nIn this section— (1) the term applicant means a State, tribal, or local government that applies for a grant under this section; and (2) the terms serious drug offense and serious violent felony have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants required \nSubject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving— (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria \nIn making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical assistance \nFrom amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best practices \n(1) Report \nA recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices \nBased on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing— (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to States \nNot later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of Congress \nIt is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information \nNothing in this section shall be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal share \n(1) In general \nThe Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions \n(A) In general \nSubject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage \nNot more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative costs \nOf amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic distribution \nIn making grants under this section, the Attorney General shall— (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress \nThe Attorney General shall submit a report to Congress— (1) not later than the date that is 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than the date that is 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026.",
"id": "HFBC79D78F1524B7385E40AF7F47892E1",
"header": "Witness Protection Grant Program"
}
] | 2 | 1. Short title
This Act may be cited as the Witness Security and Protection Grant Program Act of 2021. 2. Witness Protection Grant Program
(a) Definitions
In this section— (1) the term applicant means a State, tribal, or local government that applies for a grant under this section; and (2) the terms serious drug offense and serious violent felony have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants required
Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving— (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria
In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical assistance
From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best practices
(1) Report
A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices
Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing— (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to States
Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of Congress
It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information
Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal share
(1) In general
The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions
(A) In general
Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage
Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative costs
Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic distribution
In making grants under this section, the Attorney General shall— (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress
The Attorney General shall submit a report to Congress— (1) not later than the date that is 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than the date that is 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of appropriations
There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. | 5,458 |
117s1312is | 117 | s | 1,312 | is | To amend title II of the Social Security Act to eliminate the waiting periods for disability insurance benefits and Medicare coverage for individuals with metastatic breast cancer, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Metastatic Breast Cancer Access to Care Act.",
"id": "HB5B5A2CE58214C8F991049BE9E700333",
"header": "Short title"
},
{
"text": "2. Elimination of waiting period for individuals with metastatic breast cancer \n(a) In general \nSection 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended— (1) in paragraph (1), in the matter following subparagraph (E), by inserting or metastatic breast cancer after amyotrophic lateral sclerosis ; and (2) in paragraph (2)(B), by inserting or (iii) after clause (ii). (b) Effective date \nThe amendments made by this section shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act.",
"id": "HDA0CFF53A2E84CBEA56ACE003CDC22F5",
"header": "Elimination of waiting period for individuals with metastatic breast cancer"
},
{
"text": "3. Waiver of 24-month waiting period for Medicare coverage of individuals with metastatic breast cancer \n(a) In general \nSection 226(h) of the Social Security Act ( 42 U.S.C. 426(h) ) is amended by inserting or metastatic breast cancer after amyotrophic lateral sclerosis (ALS). (b) Effective Date \nThe amendments made by this section shall apply to benefits for months beginning after the date of the enactment of this Act.",
"id": "H0AC8F1F8BF4847D49C8D6F62B2D05CBC",
"header": "Waiver of 24-month waiting period for Medicare coverage of individuals with metastatic breast cancer"
}
] | 3 | 1. Short title
This Act may be cited as the Metastatic Breast Cancer Access to Care Act. 2. Elimination of waiting period for individuals with metastatic breast cancer
(a) In general
Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended— (1) in paragraph (1), in the matter following subparagraph (E), by inserting or metastatic breast cancer after amyotrophic lateral sclerosis ; and (2) in paragraph (2)(B), by inserting or (iii) after clause (ii). (b) Effective date
The amendments made by this section shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. 3. Waiver of 24-month waiting period for Medicare coverage of individuals with metastatic breast cancer
(a) In general
Section 226(h) of the Social Security Act ( 42 U.S.C. 426(h) ) is amended by inserting or metastatic breast cancer after amyotrophic lateral sclerosis (ALS). (b) Effective Date
The amendments made by this section shall apply to benefits for months beginning after the date of the enactment of this Act. | 1,080 |
117s4727is | 117 | s | 4,727 | is | 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. | [
{
"text": "1. Short title \nThis Act may be cited as the Airport Energy Resiliency and Renewable Energy Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Grant program \n(a) Program \n(1) In general \nThe 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 \nA 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 \nFor 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 \nThe maximum Federal share of allowable project costs for an eligible project carried out with a grant under this section is 90 percent. (d) Administration \nOf 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 \nIn implementing this section, the Secretary shall consult with the Secretary of Energy. (f) Authorization of appropriations \nIn 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 \nIn this section: (1) Air carrier airport \nThe term air carrier airport has the meaning given that term in section 47102 of title 49, United States Code. (2) Microgrid \nThe 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 \nThe term Secretary means the Secretary of Transportation. (4) Sponsor \nThe term sponsor has the meaning given that term in section 47102 of title 49, United States Code.",
"id": "idCBCEFDBA317243C1A7E68F8450AC72D7",
"header": "Grant program"
}
] | 2 | 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. | 2,226 |
117s2030is | 117 | s | 2,030 | is | To declare that any agreement reached by the President relating to the nuclear program of Iran is deemed a treaty that is subject to the advice and consent of the Senate, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Iran Nuclear Treaty Act.",
"id": "idF3FC04AD6DF14910B080355662DB39FB",
"header": "Short title"
},
{
"text": "2. Agreements related to nuclear program of Iran deemed treaties subject to advice and consent of the Senate \n(a) Treaty subject to advice and consent of the Senate \nNotwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two-thirds of Senators concurring. (b) Limitation on sanctions relief \nNotwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators.",
"id": "id76DC50D934E0440A90D3A69BF34030B5",
"header": "Agreements related to nuclear program of Iran deemed treaties subject to advice and consent of the Senate"
}
] | 2 | 1. Short title
This Act may be cited as the Iran Nuclear Treaty Act. 2. Agreements related to nuclear program of Iran deemed treaties subject to advice and consent of the Senate
(a) Treaty subject to advice and consent of the Senate
Notwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two-thirds of Senators concurring. (b) Limitation on sanctions relief
Notwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators. | 1,824 |
117s5044is | 117 | s | 5,044 | is | To improve the Federal contracting programs of the Small Business Administration, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Federal Contracting Fairness Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. ) and other individuals. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) remains a vital part in increasing access to Federal contracting opportunities for business owners considered socially and economically disadvantaged, as defined in such Act, and is a critical business development program for ensuring these individuals can start and grow their businesses to compete for Federal contracts.",
"id": "id4334C9EE5CEA44D29C5D34827BADA8EC",
"header": "Findings"
},
{
"text": "3. Definitions \nIn this Act: (1) Administration; Administrator \nThe terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Qualified HUBZone small business concern; small business concern; small business concern owned and controlled by service-disabled veterans; small business concern owned and controlled by women \nThe terms qualified HUBZone small business concern , small business concern , small business concern owned and controlled by service-disabled veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ).",
"id": "idABB9E92EA5304E32AE46E61B61D28007",
"header": "Definitions"
},
{
"text": "4. Duration of participation; ramp-up period; transition period \n(a) Extension of program participation period \nSection 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking nine years and inserting 10 years ; (2) in subparagraph (A), by striking four years and inserting 5 years ; and (3) in subparagraph (B), by striking five years and inserting 5 years. (b) Ramp-Up period \n(1) Definition \nIn this subsection, the term covered small business concern means a small business concern that, as of the date of enactment of this Act— (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election \n(A) In general \nSubject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ), as amended by subsection (a), on the earlier of— (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); or (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation \nNotwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) shall not exceed 13 years. (3) Training \n(A) In general \nExcept as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under subparagraph (A) in the annual review submitted by the covered small business concern. (B) Exception \n(i) In general \nThe requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ). (ii) Requirement to log \nNotwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period \n(1) Definitions \nIn this subsection— (A) the term covered small business concern means a small business concern that is in the final 3 years of participation in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (B) the term economically disadvantaged individual means an individual described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ). (2) Increased amounts \nThe Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and continue to be considered economically disadvantaged for the purposes of that program, if the owner demonstrates— (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (C) any other metrics as determined by the Administrator.",
"id": "idC2E8914DE5834162A7CF977E576A31A2",
"header": "Duration of participation; ramp-up period; transition period"
},
{
"text": "5. Administrative requirements for 8(a) firms \nNot later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) less burdensome by modifying the annual review of each such small business concern, including by— (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) , 637(m), 657a, 657f).",
"id": "idf27b10b48f7c4659b6aa35eab6f720f0",
"header": "Administrative requirements for 8(a) firms"
},
{
"text": "6. SBA representation on the Federal Acquisition Regulation Council \nSection 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) and inserting subparagraphs (B) through (E).",
"id": "id9e16963c33d342c9bcf557db9206ecd9",
"header": "SBA representation on the Federal Acquisition Regulation Council"
},
{
"text": "7. Office of Small and Disadvantaged Business Utilization; Director \nSection 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) ) is amended by inserting be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, after appraisals),.",
"id": "idf58d7eef3ac54e07b37e57cef596c684",
"header": "Office of Small and Disadvantaged Business Utilization; Director"
},
{
"text": "8. Sole source thresholds \nThe Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 8 ( 15 U.S.C. 637 )— (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), for which the limitations on subcontracting under section 46 shall not apply; (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) ), by striking subclauses (I) and (II) and inserting the following: (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) ), by striking subparagraphs (A) and (B) and inserting the following: (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and.",
"id": "id03CEB4AC29374A7CAF438FD53D9027D4",
"header": "Sole source thresholds"
},
{
"text": "9. Mentor-protege program \n(a) Removal of restriction on number of mentors \n(1) In general \nSection 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) ) is amended by striking , including any restrictions and all that follows through the end of the subparagraph and inserting a period. (2) Regulations \nThe Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r ) that a small business concern participating in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) may have while participating in the program, if the mentor-protege relationships do not conflict or compete with each other. (b) Database \nThe Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r )) to foster connection and support business development between the 2 groups. (c) Streamlined process \nThe Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ).",
"id": "idE36F50BF713544E89A340E30AF513592",
"header": "Mentor-protege program"
},
{
"text": "10. Certification process \n(a) Regulations \nNot later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report \nNot later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that outlines how the Administrator plans to streamline the certification process described in subsection (a).",
"id": "idB44D38DEA5FE4B089BD34AC265EA733B",
"header": "Certification process"
},
{
"text": "11. Repeal of bonafide office rule \nSection 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) is amended by repealing paragraph (11).",
"id": "idEAB6FC1EB52E4FB18E8FD6E4F1371B84",
"header": "Repeal of bonafide office rule"
},
{
"text": "12. Reports \n(a) Demographic data \nNot later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards \nNot later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and outline ways in which the Administration can modify size standards to allow program participants to grow and continue to exist after exiting the program. (c) Ability To obtain set-Aside and sole source contracts \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) that are not owned by Alaska Native Corporations or Native Hawaiian Organizations to compete for and successfully obtain set-aside contracts, including by reporting data comparing the distribution of awarded set-aside contracts among— (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) to secure available sole source contracts. (d) Changes to 8 (a) program \nNot later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) required under this Act and the amendments made by this Act.",
"id": "idF97C02B94D9448169332A44246849210",
"header": "Reports"
},
{
"text": "13. Authorization of appropriations \nThere is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) ) and commercial marketing representatives, of which $2,000,000 of those amounts shall be used to provide those individuals with increased training on the process to be awarded a sole-source contract; (B) $20,000,000 to increase the number of district office business specialists available under the 8(a) program; (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ); and (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration.",
"id": "idCD4BE6AC6CD74123AB674AC78727FB31",
"header": "Authorization of appropriations"
}
] | 13 | 1. Short title
This Act may be cited as the Federal Contracting Fairness Act of 2022. 2. Findings
Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. ) and other individuals. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) remains a vital part in increasing access to Federal contracting opportunities for business owners considered socially and economically disadvantaged, as defined in such Act, and is a critical business development program for ensuring these individuals can start and grow their businesses to compete for Federal contracts. 3. Definitions
In this Act: (1) Administration; Administrator
The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Qualified HUBZone small business concern; small business concern; small business concern owned and controlled by service-disabled veterans; small business concern owned and controlled by women
The terms qualified HUBZone small business concern , small business concern , small business concern owned and controlled by service-disabled veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 4. Duration of participation; ramp-up period; transition period
(a) Extension of program participation period
Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking nine years and inserting 10 years ; (2) in subparagraph (A), by striking four years and inserting 5 years ; and (3) in subparagraph (B), by striking five years and inserting 5 years. (b) Ramp-Up period
(1) Definition
In this subsection, the term covered small business concern means a small business concern that, as of the date of enactment of this Act— (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election
(A) In general
Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ), as amended by subsection (a), on the earlier of— (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); or (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation
Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) shall not exceed 13 years. (3) Training
(A) In general
Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under subparagraph (A) in the annual review submitted by the covered small business concern. (B) Exception
(i) In general
The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ). (ii) Requirement to log
Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period
(1) Definitions
In this subsection— (A) the term covered small business concern means a small business concern that is in the final 3 years of participation in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (B) the term economically disadvantaged individual means an individual described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ). (2) Increased amounts
The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and continue to be considered economically disadvantaged for the purposes of that program, if the owner demonstrates— (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (C) any other metrics as determined by the Administrator. 5. Administrative requirements for 8(a) firms
Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) less burdensome by modifying the annual review of each such small business concern, including by— (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) , 637(m), 657a, 657f). 6. SBA representation on the Federal Acquisition Regulation Council
Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) and inserting subparagraphs (B) through (E). 7. Office of Small and Disadvantaged Business Utilization; Director
Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) ) is amended by inserting be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, after appraisals),. 8. Sole source thresholds
The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 8 ( 15 U.S.C. 637 )— (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), for which the limitations on subcontracting under section 46 shall not apply; (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) ), by striking subclauses (I) and (II) and inserting the following: (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) ), by striking subparagraphs (A) and (B) and inserting the following: (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and. 9. Mentor-protege program
(a) Removal of restriction on number of mentors
(1) In general
Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) ) is amended by striking , including any restrictions and all that follows through the end of the subparagraph and inserting a period. (2) Regulations
The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r ) that a small business concern participating in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) may have while participating in the program, if the mentor-protege relationships do not conflict or compete with each other. (b) Database
The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r )) to foster connection and support business development between the 2 groups. (c) Streamlined process
The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ). 10. Certification process
(a) Regulations
Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 11. Repeal of bonafide office rule
Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) is amended by repealing paragraph (11). 12. Reports
(a) Demographic data
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards
Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and outline ways in which the Administration can modify size standards to allow program participants to grow and continue to exist after exiting the program. (c) Ability To obtain set-Aside and sole source contracts
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) that are not owned by Alaska Native Corporations or Native Hawaiian Organizations to compete for and successfully obtain set-aside contracts, including by reporting data comparing the distribution of awarded set-aside contracts among— (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) to secure available sole source contracts. (d) Changes to 8 (a) program
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) required under this Act and the amendments made by this Act. 13. Authorization of appropriations
There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) ) and commercial marketing representatives, of which $2,000,000 of those amounts shall be used to provide those individuals with increased training on the process to be awarded a sole-source contract; (B) $20,000,000 to increase the number of district office business specialists available under the 8(a) program; (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ); and (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration. | 21,827 |
117s184is | 117 | s | 184 | is | To direct the Secretary of Labor to issue an emergency temporary standard that requires operators to develop and implement a comprehensive infectious disease exposure control plan to protect miners from exposure to SARS–CoV–2, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the COVID–19 Mine Worker Protection Act.",
"id": "HBF4214D8DBB6442090124D4D5E6A47B1",
"header": "Short title"
},
{
"text": "2. Emergency temporary and permanent standards \n(a) Emergency temporary health or safety standard \n(1) In general \nIn consideration of the grave risk presented by COVID–19 and the need to strengthen protections for miners, pursuant to section 101(b) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ) and notwithstanding the provisions of law and the Executive order listed in paragraph (3), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary health or safety standard to protect miners from occupational exposure to SARS–CoV–2. (2) Application of standard \nPursuant to section 101(b)(2) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ), the emergency temporary health or safety standard promulgated under paragraph (1) shall be effective until superseded by a mandatory health or safety standard promulgated under subsection (b). (3) Inapplicable provisions of law and executive order \nThe provisions of law and the Executive order listed in this paragraph are as follows: (A) Chapter 6 of title 5, United States Code (commonly referred to as the Regulatory Flexibility Act ). (B) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (C) The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq.). (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (b) Permanent standard \nPursuant to section 101(b)(3) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b)(3) ), the Secretary shall promulgate a mandatory standard to protect miners from occupational exposure to SARS–CoV–2. (c) Requirements \nThe standards promulgated under this section shall— (1) include a requirement that operators— (A) with the input and involvement of miners or, where applicable, the representatives of miners develop and implement a comprehensive infectious disease exposure control plan to address the risk of occupational exposure to SARS–CoV–2; and (B) provide to miners the necessary personal protective equipment, disinfectant, ancillary medical supplies, and other applicable supplies determined necessary by the Secretary to reduce and limit exposure to SARS–CoV–2 in coal or other mines; (2) incorporate guidelines— (A) issued by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health, which are designed to prevent the transmission of infectious agents in occupational settings; and (B) from relevant scientific research on novel pathogens; and (3) include a requirement for the recording and reporting of all work-related COVID–19 infections and deaths as set forth in part 50 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act).",
"id": "HF2449DBB57254C5BB0546214885F42B2",
"header": "Emergency temporary and permanent standards"
},
{
"text": "3. Surveillance, tracking, and investigation of mining-related cases of COVID–19 \nThe Secretary of Labor (acting through the Assistant Secretary for Mine Safety and Health), in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, shall— (1) collect and analyze case reports and other data on COVID–19 to identify and evaluate the extent, nature, and source of COVID–19 among miners, including the prevalence of and consequences of COVID–19 diagnoses among miners also diagnosed with pneumoconiosis; (2) investigate, as appropriate, individual cases of COVID–19 among miners to evaluate the source of exposure and adequacy of infectious disease exposure control plans; (3) provide regular periodic reports on COVID–19 among miners to the public; and (4) based on such reports and investigations, make recommendations on needed actions or guidance to protect miners from COVID–19.",
"id": "H73741AA847984FCB90C3EF66C7E6975B",
"header": "Surveillance, tracking, and investigation of mining-related cases of COVID–19"
},
{
"text": "4. Definitions \nThe terms used in this Act have the meanings given the terms in section 3 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 802 ).",
"id": "H52FEC3518ECB4B338DA68CC45367D203",
"header": "Definitions"
}
] | 4 | 1. Short title
This Act may be cited as the COVID–19 Mine Worker Protection Act. 2. Emergency temporary and permanent standards
(a) Emergency temporary health or safety standard
(1) In general
In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for miners, pursuant to section 101(b) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ) and notwithstanding the provisions of law and the Executive order listed in paragraph (3), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary health or safety standard to protect miners from occupational exposure to SARS–CoV–2. (2) Application of standard
Pursuant to section 101(b)(2) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b) ), the emergency temporary health or safety standard promulgated under paragraph (1) shall be effective until superseded by a mandatory health or safety standard promulgated under subsection (b). (3) Inapplicable provisions of law and executive order
The provisions of law and the Executive order listed in this paragraph are as follows: (A) Chapter 6 of title 5, United States Code (commonly referred to as the Regulatory Flexibility Act ). (B) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (C) The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq.). (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (b) Permanent standard
Pursuant to section 101(b)(3) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 811(b)(3) ), the Secretary shall promulgate a mandatory standard to protect miners from occupational exposure to SARS–CoV–2. (c) Requirements
The standards promulgated under this section shall— (1) include a requirement that operators— (A) with the input and involvement of miners or, where applicable, the representatives of miners develop and implement a comprehensive infectious disease exposure control plan to address the risk of occupational exposure to SARS–CoV–2; and (B) provide to miners the necessary personal protective equipment, disinfectant, ancillary medical supplies, and other applicable supplies determined necessary by the Secretary to reduce and limit exposure to SARS–CoV–2 in coal or other mines; (2) incorporate guidelines— (A) issued by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health, which are designed to prevent the transmission of infectious agents in occupational settings; and (B) from relevant scientific research on novel pathogens; and (3) include a requirement for the recording and reporting of all work-related COVID–19 infections and deaths as set forth in part 50 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act). 3. Surveillance, tracking, and investigation of mining-related cases of COVID–19
The Secretary of Labor (acting through the Assistant Secretary for Mine Safety and Health), in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, shall— (1) collect and analyze case reports and other data on COVID–19 to identify and evaluate the extent, nature, and source of COVID–19 among miners, including the prevalence of and consequences of COVID–19 diagnoses among miners also diagnosed with pneumoconiosis; (2) investigate, as appropriate, individual cases of COVID–19 among miners to evaluate the source of exposure and adequacy of infectious disease exposure control plans; (3) provide regular periodic reports on COVID–19 among miners to the public; and (4) based on such reports and investigations, make recommendations on needed actions or guidance to protect miners from COVID–19. 4. Definitions
The terms used in this Act have the meanings given the terms in section 3 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 802 ). | 4,089 |
117s4514is | 117 | s | 4,514 | is | To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Countering Economic Coercion Act of 2022.",
"id": "id180BED925D754A1BBCFA5AA043D54BAC",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nThe following is the sense of Congress: (1) Foreign adversaries are increasingly using economic coercion to pressure, punish, and influence foreign trading partners. (2) Economic coercion causes economic harm to foreign trading partners and creates malign influence on the sovereign political actions of foreign trading partners. (3) Economic coercion of foreign trading partners has negative effects on the national security of the United States. (4) Economic coercion is often characterized by— (A) arbitrary and discriminatory actions that run counter to the rules-based international order; (B) capricious and non-transparent actions taken without due process afforded; (C) intimidation or threats of punitive actions; and (D) informal actions that take place without explicit government action. (5) Recent acts of economic coercion have included instances in which foreign adversaries have— (A) arbitrarily restricted transportation of exports from a foreign trading partner to the foreign adversary; (B) acted in a capricious and non-transparent manner to prevent or dissuade consumers from purchasing imports from a foreign trading partner; (C) enacted arbitrary technical barriers to trade in goods and services in response to political actions taken by a foreign trading partner; (D) arbitrarily restricted market access or otherwise limited the import of goods or services from a foreign trading partner; (E) arbitrarily restricted investment in or export of goods or services to a foreign trading partner; and (F) acted in a non-transparent manner to manipulate a private entity with the intent of causing economic harm to or influencing sovereign political actions of a foreign trading partner. (6) Existing mechanisms for trade dispute resolution and international arbitration are inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes. (7) The United States should provide material support to foreign trading partners affected by economic coercion. (8) Responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries. (9) Such coordination will further demonstrate broad resolve against economic coercion.",
"id": "idFADFAA5E3DA24506A5CECCCEAE2DD60F",
"header": "Sense of Congress"
},
{
"text": "3. Definitions \nIn this Act: (1) Economic coercion \nThe term economic coercion means actions, measures, or threats undertaken by a foreign adversary to restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce in an arbitrary, capricious, or non-transparent manner with the intention to cause economic harm or influence sovereign political actions. (2) Export; Export Administration Regulations; in-country transfer; reexport \nThe terms export , Export Administration Regulations , in-country transfer , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (3) Foreign adversary \nThe term foreign adversary has the meaning given that term in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ). (4) Foreign trading partner \nThe term foreign trading partner means a jurisdiction that is a trading partner of the United States.",
"id": "id02111E6387344FC5ADF7C69603D8FBB1",
"header": "Definitions"
},
{
"text": "4. Determination of economic coercion \n(a) In general \nIf the President determines that a foreign trading partner is subject to economic coercion, the President may exercise any authority described in section 5(a) to support or assist the foreign trading partner in a manner proportionate to the economic coercion. (b) Information; hearings \nTo inform any determination or exercise of authority under subsection (a), the President may— (1) consult with the Secretary of State, the Secretary of Commerce, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; (2) seek information and advice from and consult with other relevant officers of the United States; and (3) afford other interested parties an opportunity to present relevant information and advice. (c) Consultation with Congress \nThe President shall consult with Congress— (1) before exercising any authority under subsection (a); and (2) regularly for the duration of the exercise of such authority. (d) Notice \nNot later than 30 days after the date that the President determines that a foreign trading partner is subject to economic coercion or exercises any authority under subsection (a), the President shall publish in the Federal Register— (1) a notice of the determination or exercise of authority; and (2) a description of the circumstances that led to such determination or exercise of authority.",
"id": "idF746D8172082486FB2AA6BE9A1BDBBAC",
"header": "Determination of economic coercion"
},
{
"text": "5. Authorities to assist foreign trading partners affected by economic coercion \n(a) In general \nThe authorities described in this subsection are the following: (1) With respect to goods imported into the United States from a foreign trading partner subject to economic coercion by a foreign adversary— (A) the reduction or elimination of any duties; or (B) the modification of tariff-rate quotas. (2) Requesting appropriations for foreign aid to the foreign trading partner. (3) Expedited decisions with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). (4) Expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner. (5) Requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner. (6) The waiver of policy requirements (other than policy requirements mandated by an Act of Congress) as necessary to facilitate the provision of financing to support exports to the foreign trading partner. (7) Requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner. (8) The exemption of financing provided to support United States exports to the foreign trading partner from section 8(g)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g)(1) ). (b) Coordination with allies \nTo broaden economic support for a foreign trading partner, the President shall endeavor to coordinate the exercise of the authorities described in subsection (a) with other foreign trading partners.",
"id": "idF599D69C424648F990729F1430427031",
"header": "Authorities to assist foreign trading partners affected by economic coercion"
},
{
"text": "6. Revocation of determination \n(a) In general \nAny determination made by the President under section 4 shall be revoked on the earliest of— (1) the date that is 2 years after the date of such determination; (2) the date of the enactment of a joint resolution revoking the determination; or (3) the date on which the President issues a proclamation revoking the determination. (b) Termination of authorities \nAny authority described in section 5(a) exercised pursuant to a determination that has been revoked under subsection (a) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; or (2) any rights or duties that matured or penalties that were incurred prior to such date.",
"id": "idFD2E4BB805EF486DAA1FBDEA509054F5",
"header": "Revocation of determination"
}
] | 6 | 1. Short title
This Act may be cited as the Countering Economic Coercion Act of 2022. 2. Sense of Congress
The following is the sense of Congress: (1) Foreign adversaries are increasingly using economic coercion to pressure, punish, and influence foreign trading partners. (2) Economic coercion causes economic harm to foreign trading partners and creates malign influence on the sovereign political actions of foreign trading partners. (3) Economic coercion of foreign trading partners has negative effects on the national security of the United States. (4) Economic coercion is often characterized by— (A) arbitrary and discriminatory actions that run counter to the rules-based international order; (B) capricious and non-transparent actions taken without due process afforded; (C) intimidation or threats of punitive actions; and (D) informal actions that take place without explicit government action. (5) Recent acts of economic coercion have included instances in which foreign adversaries have— (A) arbitrarily restricted transportation of exports from a foreign trading partner to the foreign adversary; (B) acted in a capricious and non-transparent manner to prevent or dissuade consumers from purchasing imports from a foreign trading partner; (C) enacted arbitrary technical barriers to trade in goods and services in response to political actions taken by a foreign trading partner; (D) arbitrarily restricted market access or otherwise limited the import of goods or services from a foreign trading partner; (E) arbitrarily restricted investment in or export of goods or services to a foreign trading partner; and (F) acted in a non-transparent manner to manipulate a private entity with the intent of causing economic harm to or influencing sovereign political actions of a foreign trading partner. (6) Existing mechanisms for trade dispute resolution and international arbitration are inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes. (7) The United States should provide material support to foreign trading partners affected by economic coercion. (8) Responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries. (9) Such coordination will further demonstrate broad resolve against economic coercion. 3. Definitions
In this Act: (1) Economic coercion
The term economic coercion means actions, measures, or threats undertaken by a foreign adversary to restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce in an arbitrary, capricious, or non-transparent manner with the intention to cause economic harm or influence sovereign political actions. (2) Export; Export Administration Regulations; in-country transfer; reexport
The terms export , Export Administration Regulations , in-country transfer , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (3) Foreign adversary
The term foreign adversary has the meaning given that term in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ). (4) Foreign trading partner
The term foreign trading partner means a jurisdiction that is a trading partner of the United States. 4. Determination of economic coercion
(a) In general
If the President determines that a foreign trading partner is subject to economic coercion, the President may exercise any authority described in section 5(a) to support or assist the foreign trading partner in a manner proportionate to the economic coercion. (b) Information; hearings
To inform any determination or exercise of authority under subsection (a), the President may— (1) consult with the Secretary of State, the Secretary of Commerce, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; (2) seek information and advice from and consult with other relevant officers of the United States; and (3) afford other interested parties an opportunity to present relevant information and advice. (c) Consultation with Congress
The President shall consult with Congress— (1) before exercising any authority under subsection (a); and (2) regularly for the duration of the exercise of such authority. (d) Notice
Not later than 30 days after the date that the President determines that a foreign trading partner is subject to economic coercion or exercises any authority under subsection (a), the President shall publish in the Federal Register— (1) a notice of the determination or exercise of authority; and (2) a description of the circumstances that led to such determination or exercise of authority. 5. Authorities to assist foreign trading partners affected by economic coercion
(a) In general
The authorities described in this subsection are the following: (1) With respect to goods imported into the United States from a foreign trading partner subject to economic coercion by a foreign adversary— (A) the reduction or elimination of any duties; or (B) the modification of tariff-rate quotas. (2) Requesting appropriations for foreign aid to the foreign trading partner. (3) Expedited decisions with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). (4) Expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner. (5) Requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner. (6) The waiver of policy requirements (other than policy requirements mandated by an Act of Congress) as necessary to facilitate the provision of financing to support exports to the foreign trading partner. (7) Requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner. (8) The exemption of financing provided to support United States exports to the foreign trading partner from section 8(g)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g)(1) ). (b) Coordination with allies
To broaden economic support for a foreign trading partner, the President shall endeavor to coordinate the exercise of the authorities described in subsection (a) with other foreign trading partners. 6. Revocation of determination
(a) In general
Any determination made by the President under section 4 shall be revoked on the earliest of— (1) the date that is 2 years after the date of such determination; (2) the date of the enactment of a joint resolution revoking the determination; or (3) the date on which the President issues a proclamation revoking the determination. (b) Termination of authorities
Any authority described in section 5(a) exercised pursuant to a determination that has been revoked under subsection (a) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; or (2) any rights or duties that matured or penalties that were incurred prior to such date. | 7,501 |
117s2506is | 117 | s | 2,506 | is | To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Tree Spiking Mitigation Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Detection, identification, and mitigation of tree spiking devices on Federal land \n(a) In general \nThe Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization \nFor purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which— (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of understanding \nThe Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026.",
"id": "ida02ee510f90647f182b3f63800808586",
"header": "Detection, identification, and mitigation of tree spiking devices on Federal land"
},
{
"text": "3. Updates to safety guidelines and training protocols \nNot later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices.",
"id": "id451033B616FC4ACEA39DD95EE3547FC1",
"header": "Updates to safety guidelines and training protocols"
},
{
"text": "4. Definitions \nIn this Act: (1) Federal land \nThe term Federal land means— (A) land of the 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) )), except— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries \nThe term Secretaries means each of— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device \nThe term tree spiking device means any tree spiking device described in section 1864(d)(3) of title 18, United States Code.",
"id": "id573B74AA0E4043BEBF5422E0ADEAAEB3",
"header": "Definitions"
}
] | 4 | 1. Short title
This Act may be cited as the Tree Spiking Mitigation Act of 2021. 2. Detection, identification, and mitigation of tree spiking devices on Federal land
(a) In general
The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization
For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which— (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of understanding
The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of appropriations
There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. 3. Updates to safety guidelines and training protocols
Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 4. Definitions
In this Act: (1) Federal land
The term Federal land means— (A) land of the 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) )), except— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries
The term Secretaries means each of— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device
The term tree spiking device means any tree spiking device described in section 1864(d)(3) of title 18, United States Code. | 2,296 |
117s5012is | 117 | s | 5,012 | is | To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the One Stop Shop for Small Business Licensing Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Centralized website for business permit and licensing requirements \n(a) Definitions \nIn this section— (1) the term Director means the Director of the Office of Entrepreneurship Education of the Small Business Administration; and (2) the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Website \nNot later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern.",
"id": "id64F8E0736628483D928A97410270DB3B",
"header": "Centralized website for business permit and licensing requirements"
}
] | 2 | 1. Short title
This Act may be cited as the One Stop Shop for Small Business Licensing Act of 2022. 2. Centralized website for business permit and licensing requirements
(a) Definitions
In this section— (1) the term Director means the Director of the Office of Entrepreneurship Education of the Small Business Administration; and (2) the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Website
Not later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern. | 893 |
117s4874is | 117 | s | 4,874 | is | To establish an Early Federal Pell Grant Commitment Program. | [
{
"text": "1. Short title \nThis Act may be cited as the Early Pell Promise Act.",
"id": "id56204FE5661547C2B3D20C53C8CAD96D",
"header": "Short title"
},
{
"text": "2. Early Federal Pell Grant Commitment Program \nSubpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ) is amended by adding at the end the following: 401B. Early Federal Pell Grant Commitment Program \n(a) Program authority \nThe Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the Program ) under which the Secretary shall— (1) award grants to States to pay the administrative expenses incurred in participating in the Program; and (2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. (b) Program requirements \nThe Program shall meet the following requirements: (1) Eligible students \n(A) In general \nA student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student— (i) is in any of grades 8 through 12; and (ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (2) Federal Pell Grant commitment \n(A) In general \nExcept as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student— (i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as FAFSA )) for the award year that the student will be in attendance at an institution of higher education; and (ii) enrolls at such institution of higher education— (I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or (II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. (B) Continued eligibility \n(i) In general \nIf an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under— (I) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (II) a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (III) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. (ii) Eligibility for other aid \nA student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. (C) Identification \nThe Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). (3) Applicability of Federal Pell Grant requirements \nThe requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. (c) State applications \n(1) In general \nEach State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents \nEach application shall include— (A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); (B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; (C) a description of how the State will— (i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; (ii) increase the number of participating students who— (I) obtain a secondary school diploma; and (II) complete applications for and enroll in a program of postsecondary education; (iii) introduce participating students to institutions of higher education, through trips and school-based sessions; (iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and (v) ensure that each participating student has an educational development plan; and (D) such other information as the Secretary may require. (3) Educational development plan \nIn this subsection, the term educational development plan means an individualized plan for a student that— (A) contains a series of steps to help promote the student's career awareness and exploration; and (B) assists students in identifying— (i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), as in effect on July 1, 2019); or (ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. (d) Evaluation \n(1) In general \nFrom amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. (2) Competitive basis \nThe grant or contract shall be awarded on a competitive basis. (3) Matters evaluated \nThe evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. (4) Dissemination \nThe findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. (e) Targeted information campaign \n(1) In general \nEach State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. (2) Plan \nEach State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: (A) Outreach \nOutreach to students and their families, at a minimum, at the beginning and end of each academic year. (B) Distribution \nHow the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information \nThe annual provision by the State to all students and families participating in the Program of information regarding— (i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) 2-year public institutions of higher education; (bb) 4-year public institutions of higher education; (cc) 4-year private institutions of higher education; and (dd) private, for-profit institutions of higher education; and (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the maximum Federal Pell Grant for each academic year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State-based financial aid, including State-based merit aid; (v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and (vi) financial aid that may be available from non-governmental sources. (3) Annual information \nThe information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. (4) Reservation \nEach State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary..",
"id": "S1",
"header": "Early Federal Pell Grant Commitment Program"
},
{
"text": "401B. Early Federal Pell Grant Commitment Program \n(a) Program authority \nThe Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the Program ) under which the Secretary shall— (1) award grants to States to pay the administrative expenses incurred in participating in the Program; and (2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. (b) Program requirements \nThe Program shall meet the following requirements: (1) Eligible students \n(A) In general \nA student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student— (i) is in any of grades 8 through 12; and (ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (2) Federal Pell Grant commitment \n(A) In general \nExcept as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student— (i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as FAFSA )) for the award year that the student will be in attendance at an institution of higher education; and (ii) enrolls at such institution of higher education— (I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or (II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. (B) Continued eligibility \n(i) In general \nIf an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under— (I) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (II) a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (III) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. (ii) Eligibility for other aid \nA student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. (C) Identification \nThe Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). (3) Applicability of Federal Pell Grant requirements \nThe requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. (c) State applications \n(1) In general \nEach State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents \nEach application shall include— (A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); (B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; (C) a description of how the State will— (i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; (ii) increase the number of participating students who— (I) obtain a secondary school diploma; and (II) complete applications for and enroll in a program of postsecondary education; (iii) introduce participating students to institutions of higher education, through trips and school-based sessions; (iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and (v) ensure that each participating student has an educational development plan; and (D) such other information as the Secretary may require. (3) Educational development plan \nIn this subsection, the term educational development plan means an individualized plan for a student that— (A) contains a series of steps to help promote the student's career awareness and exploration; and (B) assists students in identifying— (i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), as in effect on July 1, 2019); or (ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. (d) Evaluation \n(1) In general \nFrom amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. (2) Competitive basis \nThe grant or contract shall be awarded on a competitive basis. (3) Matters evaluated \nThe evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. (4) Dissemination \nThe findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. (e) Targeted information campaign \n(1) In general \nEach State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. (2) Plan \nEach State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: (A) Outreach \nOutreach to students and their families, at a minimum, at the beginning and end of each academic year. (B) Distribution \nHow the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information \nThe annual provision by the State to all students and families participating in the Program of information regarding— (i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) 2-year public institutions of higher education; (bb) 4-year public institutions of higher education; (cc) 4-year private institutions of higher education; and (dd) private, for-profit institutions of higher education; and (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the maximum Federal Pell Grant for each academic year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State-based financial aid, including State-based merit aid; (v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and (vi) financial aid that may be available from non-governmental sources. (3) Annual information \nThe information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. (4) Reservation \nEach State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary.",
"id": "idD6CA2F830FE040379842620EBE5ED440",
"header": "Early Federal Pell Grant Commitment Program"
}
] | 3 | 1. Short title
This Act may be cited as the Early Pell Promise Act. 2. Early Federal Pell Grant Commitment Program
Subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ) is amended by adding at the end the following: 401B. Early Federal Pell Grant Commitment Program
(a) Program authority
The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the Program ) under which the Secretary shall— (1) award grants to States to pay the administrative expenses incurred in participating in the Program; and (2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. (b) Program requirements
The Program shall meet the following requirements: (1) Eligible students
(A) In general
A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student— (i) is in any of grades 8 through 12; and (ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (2) Federal Pell Grant commitment
(A) In general
Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student— (i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as FAFSA )) for the award year that the student will be in attendance at an institution of higher education; and (ii) enrolls at such institution of higher education— (I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or (II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. (B) Continued eligibility
(i) In general
If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under— (I) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (II) a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (III) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. (ii) Eligibility for other aid
A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. (C) Identification
The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). (3) Applicability of Federal Pell Grant requirements
The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. (c) State applications
(1) In general
Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents
Each application shall include— (A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); (B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; (C) a description of how the State will— (i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; (ii) increase the number of participating students who— (I) obtain a secondary school diploma; and (II) complete applications for and enroll in a program of postsecondary education; (iii) introduce participating students to institutions of higher education, through trips and school-based sessions; (iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and (v) ensure that each participating student has an educational development plan; and (D) such other information as the Secretary may require. (3) Educational development plan
In this subsection, the term educational development plan means an individualized plan for a student that— (A) contains a series of steps to help promote the student's career awareness and exploration; and (B) assists students in identifying— (i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), as in effect on July 1, 2019); or (ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. (d) Evaluation
(1) In general
From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. (2) Competitive basis
The grant or contract shall be awarded on a competitive basis. (3) Matters evaluated
The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. (4) Dissemination
The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. (e) Targeted information campaign
(1) In general
Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. (2) Plan
Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: (A) Outreach
Outreach to students and their families, at a minimum, at the beginning and end of each academic year. (B) Distribution
How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information
The annual provision by the State to all students and families participating in the Program of information regarding— (i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) 2-year public institutions of higher education; (bb) 4-year public institutions of higher education; (cc) 4-year private institutions of higher education; and (dd) private, for-profit institutions of higher education; and (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the maximum Federal Pell Grant for each academic year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State-based financial aid, including State-based merit aid; (v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and (vi) financial aid that may be available from non-governmental sources. (3) Annual information
The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. (4) Reservation
Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. (f) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary.. 401B. Early Federal Pell Grant Commitment Program
(a) Program authority
The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the Program ) under which the Secretary shall— (1) award grants to States to pay the administrative expenses incurred in participating in the Program; and (2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. (b) Program requirements
The Program shall meet the following requirements: (1) Eligible students
(A) In general
A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student— (i) is in any of grades 8 through 12; and (ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (2) Federal Pell Grant commitment
(A) In general
Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student— (i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as FAFSA )) for the award year that the student will be in attendance at an institution of higher education; and (ii) enrolls at such institution of higher education— (I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or (II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. (B) Continued eligibility
(i) In general
If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under— (I) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (II) a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (III) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. (ii) Eligibility for other aid
A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. (C) Identification
The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). (3) Applicability of Federal Pell Grant requirements
The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. (c) State applications
(1) In general
Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents
Each application shall include— (A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); (B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; (C) a description of how the State will— (i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; (ii) increase the number of participating students who— (I) obtain a secondary school diploma; and (II) complete applications for and enroll in a program of postsecondary education; (iii) introduce participating students to institutions of higher education, through trips and school-based sessions; (iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and (v) ensure that each participating student has an educational development plan; and (D) such other information as the Secretary may require. (3) Educational development plan
In this subsection, the term educational development plan means an individualized plan for a student that— (A) contains a series of steps to help promote the student's career awareness and exploration; and (B) assists students in identifying— (i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), as in effect on July 1, 2019); or (ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. (d) Evaluation
(1) In general
From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. (2) Competitive basis
The grant or contract shall be awarded on a competitive basis. (3) Matters evaluated
The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. (4) Dissemination
The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. (e) Targeted information campaign
(1) In general
Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. (2) Plan
Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: (A) Outreach
Outreach to students and their families, at a minimum, at the beginning and end of each academic year. (B) Distribution
How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information
The annual provision by the State to all students and families participating in the Program of information regarding— (i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) 2-year public institutions of higher education; (bb) 4-year public institutions of higher education; (cc) 4-year private institutions of higher education; and (dd) private, for-profit institutions of higher education; and (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the maximum Federal Pell Grant for each academic year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State-based financial aid, including State-based merit aid; (v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and (vi) financial aid that may be available from non-governmental sources. (3) Annual information
The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. (4) Reservation
Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. (f) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary. | 19,880 |
117s4963is | 117 | s | 4,963 | is | To require the Secretary of Homeland Security to implement a strategy to combat the efforts of transnational criminal organizations to recruit individuals in the United States via social media platforms and other online services and assess their use of such platforms and services for illicit activities, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Combating Cartels on Social Media Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Covered operator \nThe term covered operator means the operator, developer, or publisher of a covered service. (3) Covered service \nThe term covered service means— (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3. (4) Department \nThe term Department means the Department of Homeland Security. (5) Secretary \nThe term Secretary means the Secretary of Homeland Security.",
"id": "id157dcbcaac404a4799d8cd711e0002be",
"header": "Definitions"
},
{
"text": "3. Assessment of illicit usage \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees an assessment describing— (1) the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to engage in recruitment efforts, including— (A) the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in other illicit activities or other conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; and (B) human smuggling or trafficking; (3) the existing efforts of the Secretary and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); (4) the existing efforts of covered operators to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); and (5) the existing cooperative efforts between the Secretary, other relevant government entities, and covered operators with respect to the matters described in paragraphs (1) and (2).",
"id": "idf0b085c5d4174feebf3cd2c6d3595b58",
"header": "Assessment of illicit usage"
},
{
"text": "4. Strategy to combat cartel recruitment on social media and online platforms \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements \n(1) In general \nThe strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary, relevant law enforcement entities, and appropriate covered operators with respect to the matters described in subsection (a). (B) Recommendations to implement the requirement under section 5(a)(2) to establish a centralized mechanism for reporting information regarding the United States recruitment efforts of transnational criminal organizations involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department and between the components of the Department with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment purposes. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to facilitate proactive law enforcement and other governmental efforts relating to the efforts of transnational criminal organizations to utilize covered services for recruitment purposes, including activities intended to preempt through outreach and engagement the commission of criminal offenses by individuals located in the United States who are targeted for recruitment by those transnational criminal organizations. (H) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (2) Limitation \nThe strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a), including with respect to encryption policies or reforms to section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (c) Consultation \nIn drafting and implementing the strategy required under subsection (a), the Secretary shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department, including— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Under Secretary for Intelligence and Analysis; (C) the Under Secretary for Science and Technology; (D) the Director of U.S. Immigration and Customs Enforcement; (E) the Officer for Civil Rights and Civil Liberties; and (F) the Privacy Officer; (2) the Secretary of State; (3) the Director of the Federal Bureau of Investigation; (4) the Administrator of the Drug Enforcement Agency; (5) representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental organizations; (6) covered operators, including representatives of— (A) social media platforms, including operators of platforms or applications— (i) displaying short-form videos created by users or third parties; (ii) providing ephemeral content transmission services; or (iii) using algorithms or other means of content prioritization to display a feed of content or advertisements created by users or third parties to other users; (B) interactive entertainment platforms and publishers; and (C) companies developing immersive technology platforms and applications on those platforms; and (7) nongovernmental experts in the fields of— (A) civil rights and civil liberties; (B) online privacy; (C) humanitarian assistance for migrants; and (D) youth outreach and rehabilitation. (d) Implementation \n(1) In general \nNot later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary shall commence implementation of the strategy. (2) Report \n(A) In general \nNot later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report describing the efforts of the Secretary to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B) relating to the mechanism required under section 5(a)(2); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary, other Federal entities, State, local, and Tribal entities, and foreign governments; (iii) actions taken pursuant to subsection (c) that occurred between the Secretary and the entities described in paragraphs (5) through (7) of that subsection, provided that such summaries are provided only in a classified or other non-public manner; and (iv) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form \nEach report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.",
"id": "idc1eed61fed62479cbc13485b8f03bc9a",
"header": "Strategy to combat cartel recruitment on social media and online platforms"
},
{
"text": "5. Intelligence collection and dissemination \n(a) In general \nNot later than 90 days after the date on which the strategy required under section 4(a) is required to be submitted to the appropriate congressional committees, the Secretary shall identify a designee— (1) to receive, process, and disseminate information and communications involving the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; and (2) to establish a mechanism, or if the designee determines appropriate, multiple mechanisms, for covered operators to voluntarily report relevant information or communications described in paragraph (1). (b) Procedure \nUpon the identification of the designee and the establishment of the voluntary reporting mechanism required under subsection (a)(2), the Secretary shall notify appropriate covered operators in writing regarding the voluntary reporting mechanism, including information regarding how to contact the designee and utilize the voluntary reporting mechanism. (c) Placement \nThe designee identified under subsection (a) shall be located in U.S. Customs and Border Protection. (d) Dissemination \nThe designee identified under subsection (a) shall utilize the information and communications received pursuant to this section to— (1) provide Federal, Tribal, State, and local entities with intelligence to assist with outreach and engagement efforts intended to preempt the commission of criminal offenses by individuals located in the United States who are targeted by transnational criminal organizations for recruitment; (2) provide Federal, Tribal, State, and local law enforcement with actionable intelligence for law enforcement relating to the United States recruitment efforts of transnational criminal organizations; and (3) further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the United States by transnational criminal organizations.",
"id": "id3d5597c061254389a18926ff88b99511",
"header": "Intelligence collection and dissemination"
}
] | 5 | 1. Short title
This Act may be cited as the Combating Cartels on Social Media Act of 2022. 2. Definitions
In this Act: (1) Appropriate congressional committees
The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Covered operator
The term covered operator means the operator, developer, or publisher of a covered service. (3) Covered service
The term covered service means— (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3. (4) Department
The term Department means the Department of Homeland Security. (5) Secretary
The term Secretary means the Secretary of Homeland Security. 3. Assessment of illicit usage
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees an assessment describing— (1) the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to engage in recruitment efforts, including— (A) the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in other illicit activities or other conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; and (B) human smuggling or trafficking; (3) the existing efforts of the Secretary and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); (4) the existing efforts of covered operators to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); and (5) the existing cooperative efforts between the Secretary, other relevant government entities, and covered operators with respect to the matters described in paragraphs (1) and (2). 4. Strategy to combat cartel recruitment on social media and online platforms
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements
(1) In general
The strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary, relevant law enforcement entities, and appropriate covered operators with respect to the matters described in subsection (a). (B) Recommendations to implement the requirement under section 5(a)(2) to establish a centralized mechanism for reporting information regarding the United States recruitment efforts of transnational criminal organizations involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department and between the components of the Department with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment purposes. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to facilitate proactive law enforcement and other governmental efforts relating to the efforts of transnational criminal organizations to utilize covered services for recruitment purposes, including activities intended to preempt through outreach and engagement the commission of criminal offenses by individuals located in the United States who are targeted for recruitment by those transnational criminal organizations. (H) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (2) Limitation
The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a), including with respect to encryption policies or reforms to section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (c) Consultation
In drafting and implementing the strategy required under subsection (a), the Secretary shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department, including— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Under Secretary for Intelligence and Analysis; (C) the Under Secretary for Science and Technology; (D) the Director of U.S. Immigration and Customs Enforcement; (E) the Officer for Civil Rights and Civil Liberties; and (F) the Privacy Officer; (2) the Secretary of State; (3) the Director of the Federal Bureau of Investigation; (4) the Administrator of the Drug Enforcement Agency; (5) representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental organizations; (6) covered operators, including representatives of— (A) social media platforms, including operators of platforms or applications— (i) displaying short-form videos created by users or third parties; (ii) providing ephemeral content transmission services; or (iii) using algorithms or other means of content prioritization to display a feed of content or advertisements created by users or third parties to other users; (B) interactive entertainment platforms and publishers; and (C) companies developing immersive technology platforms and applications on those platforms; and (7) nongovernmental experts in the fields of— (A) civil rights and civil liberties; (B) online privacy; (C) humanitarian assistance for migrants; and (D) youth outreach and rehabilitation. (d) Implementation
(1) In general
Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary shall commence implementation of the strategy. (2) Report
(A) In general
Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report describing the efforts of the Secretary to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B) relating to the mechanism required under section 5(a)(2); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary, other Federal entities, State, local, and Tribal entities, and foreign governments; (iii) actions taken pursuant to subsection (c) that occurred between the Secretary and the entities described in paragraphs (5) through (7) of that subsection, provided that such summaries are provided only in a classified or other non-public manner; and (iv) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form
Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. 5. Intelligence collection and dissemination
(a) In general
Not later than 90 days after the date on which the strategy required under section 4(a) is required to be submitted to the appropriate congressional committees, the Secretary shall identify a designee— (1) to receive, process, and disseminate information and communications involving the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; and (2) to establish a mechanism, or if the designee determines appropriate, multiple mechanisms, for covered operators to voluntarily report relevant information or communications described in paragraph (1). (b) Procedure
Upon the identification of the designee and the establishment of the voluntary reporting mechanism required under subsection (a)(2), the Secretary shall notify appropriate covered operators in writing regarding the voluntary reporting mechanism, including information regarding how to contact the designee and utilize the voluntary reporting mechanism. (c) Placement
The designee identified under subsection (a) shall be located in U.S. Customs and Border Protection. (d) Dissemination
The designee identified under subsection (a) shall utilize the information and communications received pursuant to this section to— (1) provide Federal, Tribal, State, and local entities with intelligence to assist with outreach and engagement efforts intended to preempt the commission of criminal offenses by individuals located in the United States who are targeted by transnational criminal organizations for recruitment; (2) provide Federal, Tribal, State, and local law enforcement with actionable intelligence for law enforcement relating to the United States recruitment efforts of transnational criminal organizations; and (3) further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the United States by transnational criminal organizations. | 11,937 |
117s4462is | 117 | s | 4,462 | is | To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022 or the RESPONSE Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Pilot program \n(a) Definitions \nIn this section: (1) Dating violence; domestic violence; victim advocate \nThe terms dating violence , domestic violence , and victim advocate have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) Director \nThe term Director means the Director of the Office on Violence Against Women of the Department of Justice. (3) Eligible entity \nThe term eligible entity means a community-based organization or a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) that— (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. (4) Law enforcement agency \nThe term law enforcement agency has the meaning given the term law enforcement in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (5) Law enforcement officer \nThe term law enforcement officer means an agent of a law enforcement agency with responsibilities to provide public safety. (b) Pilot program authorized \n(1) In general \nThe Director shall establish a pilot program under which the Director awards competitive grants to eligible entities for the purpose of working collaboratively with local law enforcement agencies to dispatch victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes in accordance with paragraph (2). (2) Crime scene advocacy \nWith respect to a crime scene to which a victim advocate is dispatched under paragraph (1)— (A) the victim advocate shall arrive at the crime scene— (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality \nA victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards \nThe Director shall award not fewer than 3 grants under this subsection. (c) Applications \nAn eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; stages \n(1) In general \nThe pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (2) 2nd and final years \nDuring the 2-year period beginning on the date on which the Director awards a grant under this section, the Director shall continue to implement the pilot program established under subsection (b). (e) Duties of eligible entity \nThe head of the eligible entity shall— (1) hire additional staff— (A) to dispatch victim advocates to crime scenes in accordance with subsection (b)(2); or (B) if a crime scene is not accessible to a victim advocate in accordance with subsection (b)(2)(A), to work with the victim of a crime at another location; (2) develop policies for collaborating with law enforcement agencies on dispatching victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes; (3) train the staff and volunteers of the eligible entity and each law enforcement agency with which the eligible entity has a partnership on the policies developed under paragraph (2); and (4) begin implementing the pilot program established under subsection (b). (f) Use of funds \nAn eligible entity that receives a grant under subsection (b) shall use a portion of the grant to— (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (g) Report \n(1) In general \nNot later than 3 years after the date of enactment of this Act, the Director shall make public a report that includes data collection and analysis relating to domestic violence, sexual assault, dating violence, or stalking calls in which victim advocates of the eligible entity were involved during the pilot program established under this section. (2) Contents \nThe report required under paragraph (1) shall include— (A) a description of the activities and accomplishments of the eligible entity in participating in the pilot program; (B) the total number of times that a victim advocate of the eligible entity was dispatched or arrived to the crime scene of a domestic violence, sexual assault, dating violence, or stalking call; (C) whether the eligible entity observed a reduction in repeat domestic violence, dating violence, sexual assault, or stalking calls; (D) whether victims connected with services of the eligible entity beyond the advocacy occurring at a crime scene; and (E) any other information relating to the pilot program. (h) Expansion \nNotwithstanding subsection (d)(1), the Director may continue and expand the pilot program by awarding additional grants under subsection (b) if, during the third year of the pilot program established under this section, the Director determines that data from the pilot program is promising in reducing— (1) homicides as a result of domestic violence, dating violence, sexual assault, or stalking; and (2) repeated calls relating to domestic violence, dating violence, sexual assault, or stalking from the same individuals. (i) Authorization of appropriations \nOf the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 et seq. ) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years.",
"id": "idE826EEBAF20F48D289DF86468480553F",
"header": "Pilot program"
}
] | 2 | 1. Short title
This Act may be cited as the Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022 or the RESPONSE Act of 2022. 2. Pilot program
(a) Definitions
In this section: (1) Dating violence; domestic violence; victim advocate
The terms dating violence , domestic violence , and victim advocate have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) Director
The term Director means the Director of the Office on Violence Against Women of the Department of Justice. (3) Eligible entity
The term eligible entity means a community-based organization or a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) that— (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. (4) Law enforcement agency
The term law enforcement agency has the meaning given the term law enforcement in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (5) Law enforcement officer
The term law enforcement officer means an agent of a law enforcement agency with responsibilities to provide public safety. (b) Pilot program authorized
(1) In general
The Director shall establish a pilot program under which the Director awards competitive grants to eligible entities for the purpose of working collaboratively with local law enforcement agencies to dispatch victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes in accordance with paragraph (2). (2) Crime scene advocacy
With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)— (A) the victim advocate shall arrive at the crime scene— (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality
A victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards
The Director shall award not fewer than 3 grants under this subsection. (c) Applications
An eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; stages
(1) In general
The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (2) 2nd and final years
During the 2-year period beginning on the date on which the Director awards a grant under this section, the Director shall continue to implement the pilot program established under subsection (b). (e) Duties of eligible entity
The head of the eligible entity shall— (1) hire additional staff— (A) to dispatch victim advocates to crime scenes in accordance with subsection (b)(2); or (B) if a crime scene is not accessible to a victim advocate in accordance with subsection (b)(2)(A), to work with the victim of a crime at another location; (2) develop policies for collaborating with law enforcement agencies on dispatching victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes; (3) train the staff and volunteers of the eligible entity and each law enforcement agency with which the eligible entity has a partnership on the policies developed under paragraph (2); and (4) begin implementing the pilot program established under subsection (b). (f) Use of funds
An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to— (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (g) Report
(1) In general
Not later than 3 years after the date of enactment of this Act, the Director shall make public a report that includes data collection and analysis relating to domestic violence, sexual assault, dating violence, or stalking calls in which victim advocates of the eligible entity were involved during the pilot program established under this section. (2) Contents
The report required under paragraph (1) shall include— (A) a description of the activities and accomplishments of the eligible entity in participating in the pilot program; (B) the total number of times that a victim advocate of the eligible entity was dispatched or arrived to the crime scene of a domestic violence, sexual assault, dating violence, or stalking call; (C) whether the eligible entity observed a reduction in repeat domestic violence, dating violence, sexual assault, or stalking calls; (D) whether victims connected with services of the eligible entity beyond the advocacy occurring at a crime scene; and (E) any other information relating to the pilot program. (h) Expansion
Notwithstanding subsection (d)(1), the Director may continue and expand the pilot program by awarding additional grants under subsection (b) if, during the third year of the pilot program established under this section, the Director determines that data from the pilot program is promising in reducing— (1) homicides as a result of domestic violence, dating violence, sexual assault, or stalking; and (2) repeated calls relating to domestic violence, dating violence, sexual assault, or stalking from the same individuals. (i) Authorization of appropriations
Of the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 et seq. ) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years. | 7,136 |
117s4873is | 117 | s | 4,873 | is | To amend title XVIII of the Social Security Act to waive cost-sharing for advance care planning services, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Improving Access to Advance Care Planning Act.",
"id": "H290454F300DE450AAC1572E095D30344",
"header": "Short title"
},
{
"text": "2. Medicare coverage of advance care planning services \n(a) Advance care planning services defined \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Advance care planning services \n(1) In general \nThe term advance care planning services means a visit between an eligible practitioner (as defined in paragraph (2)) enrolled under section 1866(j) and an individual, a family member of such individual, or a surrogate designated by such individual, to discuss— (A) the health care preferences of such individual; (B) future health care decisions that may need to be made by, or on behalf of, such individual; and (C) advance directives or other standard forms, which may be completed by, or on behalf of, such individual. (2) Eligible practitioner \nFor purposes of paragraph (1), the term eligible practitioner means— (A) a physician (as defined in subsection (r)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)); or (E) a clinical social worker (as defined in subsection (hh)(1)) who possesses— (i) a relevant care planning certification; or (ii) experience providing care planning conversations or similar services, as defined by the Secretary.. (b) No application of coinsurance or deductible under part B \n(1) Amount \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (DD) and inserting (DD) ; and (B) by inserting before the semicolon at the end the following: and (EE) with respect to advance care planning services (as defined in section 1861(lll)), the amounts paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). (2) Waiver of application of deductible \nThe first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (A) by striking and (12) and inserting (12) ; and (B) by inserting before the period the following: , and (13) such deductible shall not apply with respect to advance care planning services (as defined in section 1861(lll)). (c) Effective date \nThe amendments made by this section shall apply to items and services furnished on or after January 1, 2023.",
"id": "H4D4C7F1978924FF2BA37995D1206FF9B",
"header": "Medicare coverage of advance care planning services"
},
{
"text": "3. HHS provider outreach \n(a) Outreach \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social Security Act with respect to Medicare payment for advance care planning counseling services furnished to individuals to discuss their health care preferences, identified by HCPCS codes 99497 and 99498 (or any successor to such codes). Such outreach shall include a new, comprehensive, one-time education initiative to inform such physicians and practitioners of the addition of such services as a covered benefit under the Medicare program, including the requirements for eligibility for such services. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the outreach conducted under subsection (a). Such report shall include a description of the methods used for such outreach.",
"id": "H80EDFF0F1D004F7A9D463074AD08218D",
"header": "HHS provider outreach"
},
{
"text": "4. MedPAC report on the furnishing of advance care planning services and the use of advance care planning codes under the Medicare program \n(a) Study \nThe Medicare Payment Advisory Commission (in this paragraph referred to as the Commission ) shall conduct a study on advance care planning under the Medicare program under title XVIII of the Social Security Act. Such study shall include an analysis of— (1) the furnishing of advance care planning services to Medicare beneficiaries, including— (A) which providers are trained to provide such services; (B) which providers are eligible to provide such services under the Medicare program; (C) the length and frequency of the visits for furnishing such services; and (D) any barriers related to providers furnishing, or beneficiaries being furnished, such services; (2) the use of advance care planning Current Procedural Terminology (CPT) codes to bill for the furnishing of advance care planning services to Medicare beneficiaries, including— (A) circumstances under which codes other than advance care planning CPT codes are used to bill for such services under the Medicare program and why providers do not use advance care planning CPT codes; and (B) any barriers to providers using advance care planning CPT codes to bill for such services under the Medicare program; and (3) such other items determined appropriate by the Commission. (b) Report \n(1) In general \nNot later than June 30, 2024, the Commission shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate.",
"id": "id1066b2729c964feda029907d7252107b",
"header": "MedPAC report on the furnishing of advance care planning services and the use of advance care planning codes under the Medicare program"
}
] | 4 | 1. Short title
This Act may be cited as the Improving Access to Advance Care Planning Act. 2. Medicare coverage of advance care planning services
(a) Advance care planning services defined
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Advance care planning services
(1) In general
The term advance care planning services means a visit between an eligible practitioner (as defined in paragraph (2)) enrolled under section 1866(j) and an individual, a family member of such individual, or a surrogate designated by such individual, to discuss— (A) the health care preferences of such individual; (B) future health care decisions that may need to be made by, or on behalf of, such individual; and (C) advance directives or other standard forms, which may be completed by, or on behalf of, such individual. (2) Eligible practitioner
For purposes of paragraph (1), the term eligible practitioner means— (A) a physician (as defined in subsection (r)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)); or (E) a clinical social worker (as defined in subsection (hh)(1)) who possesses— (i) a relevant care planning certification; or (ii) experience providing care planning conversations or similar services, as defined by the Secretary.. (b) No application of coinsurance or deductible under part B
(1) Amount
Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (DD) and inserting (DD) ; and (B) by inserting before the semicolon at the end the following: and (EE) with respect to advance care planning services (as defined in section 1861(lll)), the amounts paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). (2) Waiver of application of deductible
The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (A) by striking and (12) and inserting (12) ; and (B) by inserting before the period the following: , and (13) such deductible shall not apply with respect to advance care planning services (as defined in section 1861(lll)). (c) Effective date
The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 3. HHS provider outreach
(a) Outreach
The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social Security Act with respect to Medicare payment for advance care planning counseling services furnished to individuals to discuss their health care preferences, identified by HCPCS codes 99497 and 99498 (or any successor to such codes). Such outreach shall include a new, comprehensive, one-time education initiative to inform such physicians and practitioners of the addition of such services as a covered benefit under the Medicare program, including the requirements for eligibility for such services. (b) Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the outreach conducted under subsection (a). Such report shall include a description of the methods used for such outreach. 4. MedPAC report on the furnishing of advance care planning services and the use of advance care planning codes under the Medicare program
(a) Study
The Medicare Payment Advisory Commission (in this paragraph referred to as the Commission ) shall conduct a study on advance care planning under the Medicare program under title XVIII of the Social Security Act. Such study shall include an analysis of— (1) the furnishing of advance care planning services to Medicare beneficiaries, including— (A) which providers are trained to provide such services; (B) which providers are eligible to provide such services under the Medicare program; (C) the length and frequency of the visits for furnishing such services; and (D) any barriers related to providers furnishing, or beneficiaries being furnished, such services; (2) the use of advance care planning Current Procedural Terminology (CPT) codes to bill for the furnishing of advance care planning services to Medicare beneficiaries, including— (A) circumstances under which codes other than advance care planning CPT codes are used to bill for such services under the Medicare program and why providers do not use advance care planning CPT codes; and (B) any barriers to providers using advance care planning CPT codes to bill for such services under the Medicare program; and (3) such other items determined appropriate by the Commission. (b) Report
(1) In general
Not later than June 30, 2024, the Commission shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate. | 5,466 |
117s921enr | 117 | s | 921 | enr | To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act.",
"id": "id08a0b0c7-8088-40e4-a7e2-6a1ea9bfa5ec",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well.",
"id": "idb613bdab-9be6-41fd-854f-298b05ac03c8",
"header": "Sense of Congress"
},
{
"text": "3. Protection of officers and employees of the United States \nPart I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section..",
"id": "id6de6f481-ae03-44b8-a655-b1870d0db83e",
"header": "Protection of officers and employees of the United States"
}
] | 3 | 1. Short title
This Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 2. Sense of Congress
It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 3. Protection of officers and employees of the United States
Part I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section.. | 2,472 |
117s921rs | 117 | s | 921 | rs | To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; and (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially.",
"id": "id2328711EDDE849A7978B5308E172E013",
"header": "Sense of Congress"
},
{
"text": "3. Protection of officers and employees of the United States \nSection 1114 of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Whoever ; and (2) by adding at the end the following: (b) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section..",
"id": "idB1C98A53C52F4822BC1B895AAAD25B77",
"header": "Protection of officers and employees of the United States"
},
{
"text": "1. Short title \nThis Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act.",
"id": "id08a0b0c7-8088-40e4-a7e2-6a1ea9bfa5ec",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well.",
"id": "idb613bdab-9be6-41fd-854f-298b05ac03c8",
"header": "Sense of Congress"
},
{
"text": "3. Protection of officers and employees of the United States \nPart I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section..",
"id": "id6de6f481-ae03-44b8-a655-b1870d0db83e",
"header": "Protection of officers and employees of the United States"
}
] | 6 | 1. Short title
This Act may be cited as the Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act. 2. Sense of Congress
It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; and (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially. 3. Protection of officers and employees of the United States
Section 1114 of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Whoever ; and (2) by adding at the end the following: (b) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section.. 1. Short title
This Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 2. Sense of Congress
It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 3. Protection of officers and employees of the United States
Part I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section.. | 4,449 |
117s921es | 117 | s | 921 | es | To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act.",
"id": "id08a0b0c7-8088-40e4-a7e2-6a1ea9bfa5ec",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well.",
"id": "idb613bdab-9be6-41fd-854f-298b05ac03c8",
"header": "Sense of Congress"
},
{
"text": "3. Protection of officers and employees of the United States \nPart I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section..",
"id": "id6de6f481-ae03-44b8-a655-b1870d0db83e",
"header": "Protection of officers and employees of the United States"
}
] | 3 | 1. Short title
This Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 2. Sense of Congress
It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 3. Protection of officers and employees of the United States
Part I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general.— before Whoever ; and (B) by adding at the end the following: (b) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section.. | 2,472 |
117s921is | 117 | s | 921 | is | To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Sense of Congress \nIt is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; and (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially.",
"id": "id2328711EDDE849A7978B5308E172E013",
"header": "Sense of Congress"
},
{
"text": "3. Protection of officers and employees of the United States \nSection 1114 of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Whoever ; and (2) by adding at the end the following: (b) Extraterritorial jurisdiction \nThere is extraterritorial jurisdiction over the conduct prohibited by this section..",
"id": "idB1C98A53C52F4822BC1B895AAAD25B77",
"header": "Protection of officers and employees of the United States"
}
] | 3 | 1. Short title
This Act may be cited as the Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act. 2. Sense of Congress
It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; and (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially. 3. Protection of officers and employees of the United States
Section 1114 of title 18, United States Code, is amended— (1) by inserting (a) In general.— before Whoever ; and (2) by adding at the end the following: (b) Extraterritorial jurisdiction
There is extraterritorial jurisdiction over the conduct prohibited by this section.. | 1,976 |
117s2041is | 117 | s | 2,041 | is | To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enforce the licensure requirement for medical providers of the Department of Veterans Affairs. | [
{
"text": "1. Short title \nThis Act may be cited as the Department of Veterans Affairs Provider Accountability Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs \n(a) In general \nSubchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals \n(a) Compliance with credentialing requirements \nThe Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances \n(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care \n(1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns \nIf the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms \n(1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training \nNot less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions \nIn this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals.. (c) Deadline for implementation \nThe Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act. (2) With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act. (3) With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act. (d) Audits and reports \n(1) Audits \n(A) In general \nThe Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (B) Conduct of audits \nIn carrying out audits under subparagraph (A), the Secretary— (i) may not authorize the medical center being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. (2) Reports \n(A) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1). (B) Elements \nEach report submitted under subparagraph (A) shall include a summary of the compliance by each medical center of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (C) Initial report \nThe Secretary shall include in the first report submitted under subparagraph (A) the following: (i) A description of the progress made by the Secretary in implementing section 7414 of title 38, United States Code, as added by subsection (a), including any matters under such section that the Secretary has not fully implemented. (ii) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification. (e) Report on updates to policy of the Department of Veterans Affairs for reporting patient safety concerns to appropriate State and other entities \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the efforts of the Department of Veterans Affairs to update policies and practices for employees of medical centers of the Department, Veterans Integrated Service Networks, and the Veterans Health Administration to report to State licensing boards, the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ), and any other relevant entity health care professionals who are employed by or separated from employment with the Department and whose behavior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Consultation \nThe report required by paragraph (1) shall include a description of the efforts of the Department to consult with— (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank; and (D) the exclusive representative of employees of the Department appointed under section 7401(1) of title 38, United States Code.",
"id": "idf8ba0d6fb72b45629d110f38ac233cf1",
"header": "Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs"
},
{
"text": "7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals \n(a) Compliance with credentialing requirements \nThe Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances \n(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care \n(1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns \nIf the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms \n(1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training \nNot less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions \nIn this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position.",
"id": "id723293b4175545f1b8e8dd57c104bcd8",
"header": "Compliance with requirements for examining qualifications and clinical abilities of health care professionals"
}
] | 3 | 1. Short title
This Act may be cited as the Department of Veterans Affairs Provider Accountability Act. 2. Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs
(a) In general
Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals
(a) Compliance with credentialing requirements
The Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances
(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care
(1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns
If the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms
(1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training
Not less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions
In this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position.. (b) Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals.. (c) Deadline for implementation
The Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act. (2) With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act. (3) With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act. (d) Audits and reports
(1) Audits
(A) In general
The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (B) Conduct of audits
In carrying out audits under subparagraph (A), the Secretary— (i) may not authorize the medical center being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. (2) Reports
(A) In general
Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1). (B) Elements
Each report submitted under subparagraph (A) shall include a summary of the compliance by each medical center of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (C) Initial report
The Secretary shall include in the first report submitted under subparagraph (A) the following: (i) A description of the progress made by the Secretary in implementing section 7414 of title 38, United States Code, as added by subsection (a), including any matters under such section that the Secretary has not fully implemented. (ii) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification. (e) Report on updates to policy of the Department of Veterans Affairs for reporting patient safety concerns to appropriate State and other entities
(1) In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the efforts of the Department of Veterans Affairs to update policies and practices for employees of medical centers of the Department, Veterans Integrated Service Networks, and the Veterans Health Administration to report to State licensing boards, the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ), and any other relevant entity health care professionals who are employed by or separated from employment with the Department and whose behavior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Consultation
The report required by paragraph (1) shall include a description of the efforts of the Department to consult with— (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank; and (D) the exclusive representative of employees of the Department appointed under section 7401(1) of title 38, United States Code. 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals
(a) Compliance with credentialing requirements
The Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances
(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care
(1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns
If the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms
(1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training
Not less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions
In this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position. | 18,878 |
117s4810is | 117 | s | 4,810 | is | To establish a program of workforce development as an alternative to college for all, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the American Workforce Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) American workforce contract \nThe 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 \nThe 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 \nThe 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 \nThe term Director means the Director of the American Workforce Division, appointed under section 3(b). (5) Employer \nThe 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 \nThe 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 \nThe term Secretary means the Secretary of Commerce. (8) Trainee \nThe 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 \nThe term workforce project means a project carried out under an American workforce contract as part of the American workforce program.",
"id": "idFFF11179BE5F4F5A82712A9E6111A7C9",
"header": "Definitions"
},
{
"text": "3. Establishment of American Workforce Division \n(a) Establishment \nThere 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 \n(1) In general \nThe 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 \nThe Director shall have significant experience in the private sector. (3) Authority before confirmation \nUntil 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 \nThe 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 \n(1) Complaint \nA 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 \nThe 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 \nIf 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 \nDisciplinary 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 \nIf 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 \nAfter 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 \n(1) Accountability \nThe 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 \nIf 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 \n(A) In general \nThe 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 \nA 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 \nThe 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 \nIt 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.",
"id": "id91d86a6140bd47029fe6511258363d6e",
"header": "Establishment of American Workforce Division"
},
{
"text": "4. American workforce program \n(a) In general \nThe 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 \n(1) In general \nTo 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 \nThe proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) Parties involved \nThe 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 \nThe 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 \nA 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 \nA 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 \n(A) In general \nNot 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 \nNothing 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 \n(A) In general \nNot 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 \nThere 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 \nIf 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 \nOnce 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 \nA 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 \nNot 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 \n(1) In general \nIf 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 \nSubject 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 \nAn 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 \n(1) Wages \nAn 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 \nAn 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 \nAn 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 \nIn providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) Skills \nThe 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 \nThe 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 \nThe 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 \nIn this subsection: (A) Community college \nThe 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 \nThe 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 \n(1) In general \nThe 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 \nThree 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 \nThe disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director.",
"id": "id36ec4191b7144fc2a1ada67343824781",
"header": "American workforce program"
},
{
"text": "5. General provisions \n(a) Workforce project after payment period \nNothing 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 \nIndividuals 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 \nThe 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 \n(1) Ratios \nBeginning 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 \nIn 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 \nThe Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (f) Required regulations \nRegulations 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.",
"id": "id29e7612f822847fca45bade086a570ea",
"header": "General provisions"
},
{
"text": "6. Evaluation reports and sunset \n(a) 5-Year report \nNot 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 \nNot 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 \nThe 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.",
"id": "id66a9388df0a4452692481cea76a795ff",
"header": "Evaluation reports and sunset"
},
{
"text": "7. Excise tax on certain large private college and university endowments \n(a) In general \nSubchapter 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 \n(a) Tax imposed \nThere 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 \nFor 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 \nFor purposes of this section— (1) Assets \nThe rules of section 4968(d) shall apply. (2) Student \nThe rules of section 4968(b)(2) shall apply.. (b) Clerical amendment \nThe 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 \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.",
"id": "id81aa38efa51e4c3eb29f77cc946eef87",
"header": "Excise tax on certain large private college and university endowments"
},
{
"text": "4969. Excise tax on certain large private college and university endowments \n(a) Tax imposed \nThere 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 \nFor 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 \nFor purposes of this section— (1) Assets \nThe rules of section 4968(d) shall apply. (2) Student \nThe rules of section 4968(b)(2) shall apply.",
"id": "idd6fe3c45154946febf5e32dc6b3c0ba5",
"header": "Excise tax on certain large private college and university endowments"
}
] | 8 | 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. 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. | 41,116 |
117s4818is | 117 | s | 4,818 | is | To prohibit the use of Federal and local funds to impose or enforce a COVID–19 vaccine mandate in District of Columbia schools, and to repeal the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 enacted by the District of Columbia Council. | [
{
"text": "1. Prohibition on use of Federal and local funds to impose or enforce COVID–19 vaccine mandate in District of Columbia schools \n(a) Definitions \nIn this section: (1) Covered school \nThe term covered school means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), in the District of Columbia. (2) COVID–19 vaccine \nThe term COVID–19 vaccine means any vaccine for the prevention of Coronavirus Disease 2019 (COVID–19) caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) that is approved under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) or section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (b) Prohibition \nNo Federal or local funds may be used by the District of Columbia or a covered school to impose or enforce a COVID–19 vaccine requirement on a student in connection with enrollment by the student in a covered school, including any requirement that a student receive a COVID–19 vaccine in order to be able to attend in-person classroom instruction or participate in any school-related activity on or off campus, including an athletic or academic competition.",
"id": "S1",
"header": "Prohibition on use of Federal and local funds to impose or enforce COVID–19 vaccine mandate in District of Columbia schools"
},
{
"text": "2. Repeal of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 \nThe Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 (D.C. Law 24–85), enacted by the District of Columbia Council on January 12, 2022, and effective on March 2, 2022, shall have no force or effect.",
"id": "id6BDA3F4A2A354C1DAAB99ECBD20F10AD",
"header": "Repeal of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021"
}
] | 2 | 1. Prohibition on use of Federal and local funds to impose or enforce COVID–19 vaccine mandate in District of Columbia schools
(a) Definitions
In this section: (1) Covered school
The term covered school means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), in the District of Columbia. (2) COVID–19 vaccine
The term COVID–19 vaccine means any vaccine for the prevention of Coronavirus Disease 2019 (COVID–19) caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) that is approved under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) or section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (b) Prohibition
No Federal or local funds may be used by the District of Columbia or a covered school to impose or enforce a COVID–19 vaccine requirement on a student in connection with enrollment by the student in a covered school, including any requirement that a student receive a COVID–19 vaccine in order to be able to attend in-person classroom instruction or participate in any school-related activity on or off campus, including an athletic or academic competition. 2. Repeal of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021
The Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 (D.C. Law 24–85), enacted by the District of Columbia Council on January 12, 2022, and effective on March 2, 2022, shall have no force or effect. | 1,726 |
117s4130is | 117 | s | 4,130 | is | To repeal changes made by health care reform laws to the Medicare exception to the prohibition on certain physician referrals for hospitals, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Patient Access to Higher Quality Health Care Act of 2022.",
"id": "HC6EC33ED9F0944C2B9DB2505B01A8697",
"header": "Short title"
},
{
"text": "2. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals \nSections 6001 and 10601 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 684, 1005) and section 1106 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ; 124 Stat. 1049) are repealed and the provisions of law amended by such sections are restored as if such sections had never been enacted.",
"id": "H4704EC1D1F4B4347901DC8D472D4E6BF",
"header": "Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals"
}
] | 2 | 1. Short title
This Act may be cited as the Patient Access to Higher Quality Health Care Act of 2022. 2. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals
Sections 6001 and 10601 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 684, 1005) and section 1106 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ; 124 Stat. 1049) are repealed and the provisions of law amended by such sections are restored as if such sections had never been enacted. | 593 |
117s4359enr | 117 | s | 4,359 | enr | To designate the regional office of the Department of Veterans Affairs in metropolitan Atlanta as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate.",
"id": "idE171B239558E48B5BA9AE25FB820BE47",
"header": "Findings"
},
{
"text": "3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office \n(a) Designation \nThe Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office.",
"id": "id600d6d97bf034e75b7dcde3dcbc24358",
"header": "Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office"
}
] | 3 | 1. Short title
This Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022. 2. Findings
Congress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate. 3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office
(a) Designation
The Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference
Any reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office. | 3,482 |
117s4359es | 117 | s | 4,359 | es | To designate the regional office of the Department of Veterans Affairs in metropolitan Atlanta as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate.",
"id": "idE171B239558E48B5BA9AE25FB820BE47",
"header": "Findings"
},
{
"text": "3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office \n(a) Designation \nThe Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office.",
"id": "id600d6d97bf034e75b7dcde3dcbc24358",
"header": "Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office"
}
] | 3 | 1. Short title
This Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022. 2. Findings
Congress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate. 3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office
(a) Designation
The Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference
Any reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office. | 3,482 |
117s4359is | 117 | s | 4,359 | is | To designate the regional office of the Department of Veterans Affairs in metropolitan Atlanta as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate.",
"id": "idE171B239558E48B5BA9AE25FB820BE47",
"header": "Findings"
},
{
"text": "3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office \n(a) Designation \nThe Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office.",
"id": "id600d6d97bf034e75b7dcde3dcbc24358",
"header": "Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office"
}
] | 3 | 1. Short title
This Act may be cited as the Senator Johnny Isakson VA Regional Office Act of 2022. 2. Findings
Congress finds the following: (1) John Hardy Isakson, known as Johnny , was born December 28, 1944, in Atlanta, Georgia, to Julia Isakson and Edwin Andrew Isakson. (2) Johnny Isakson graduated from the University of Georgia in 1966 with a Bachelor’s Degree in Business Administration. (3) In 1966, Johnny Isakson enlisted in the Georgia Air National Guard, serving until 1972 and attaining the rank of Staff Sergeant. (4) Johnny Isakson gained success in private business, serving for 22 years as a real estate executive and growing his business into one of the largest of its kind in both Georgia and in the United States. (5) Johnny Isakson was elected to the Georgia General Assembly in 1976, serving in the State House of Representatives until 1990. (6) Johnny Isakson was elected to the Georgia State Senate in 1992, serving until 1996. (7) In 1996, Governor Zell Miller appointed Johnny Isakson to be Chairman of the Georgia State Board of Education. (8) Johnny Isakson was elected to represent the 6th District of Georgia in the United States House of Representatives in 1999, and served until 2005. (9) During his time in the House of Representatives, Johnny Isakson, as a member of the Committee on Education and Labor of the House of Representatives, worked to improve American education, and was a key advocate for the bipartisan education reforms that became the No Child Left Behind Act of 2001 ( Public Law 107–110 ). (10) Johnny Isakson was elected to the United States Senate in 2004, serving until December 31, 2019. (11) During his time in the Senate, Johnny Isakson was an exemplar of courtesy, dignity, and kindness, beloved and respected by colleagues regardless of party. (12) Johnny Isakson, during the 111th Congress, demonstrated a bipartisan yearning for peace, and crossed party lines to support the ratification of the 2010 Strategic Arms Reduction Treaty between the United States and the Russian Federation, also known as New START. (13) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Committee on Veterans’ Affairs of the Senate, a position with which he tirelessly championed reform to improve the benefits and quality of service for our nation’s military veterans. (14) During the 114th, 115th, and 116th Congresses, Johnny Isakson served as Chairman of the Select Committee on Ethics of the Senate. (15) The late Congressman John Lewis once described Johnny Isakson as A man who has strong belief but also willing to work with others to get things done.. (16) On December 19, 2021, Johnny Isakson passed away, but his legacy of character and goodwill will endure as an example to all who serve, or will serve, in the United States Senate. 3. Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office
(a) Designation
The Department of Veterans Affairs Atlanta Regional Office in Georgia shall, after the date of the enactment of this Act, be known and designated as the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office or the Isakson VA Atlanta Regional Office. (b) Reference
Any reference in a law, regulation, map, document, paper, or other record of the United States to the Regional Office referred to in subsection (a) shall be deemed to be a reference to the Senator Johnny Isakson Department of Veterans Affairs Atlanta Regional Office. | 3,482 |
117s3965is | 117 | s | 3,965 | is | To provide that broker-dealers who provide research services to an investment manager and receive payments from certain accounts is not an investment adviser, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Increasing Access to Adviser Information Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Definition of investment adviser \nSection 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) ) is amended by striking or (H) and inserting (H) any broker or dealer who provides research services to an investment manager and accepts payment for those services from the investment manager's own money, from a research payment account funded with money from a client of the investment manager, or a combination thereof, provided that the payment method of the investment manager is subject to, either directly or by contractual obligation, the Directive 2014/65/EU of the European Parliament, the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as implemented by the European Union member states, or any other law from any foreign jurisdiction that is substantially similar to that directive and the implementing rules and regulations of that directive; or (I).",
"id": "id149BFCB4CE804A7596D0121168F653AB",
"header": "Definition of investment adviser"
}
] | 2 | 1. Short title
This Act may be cited as the Increasing Access to Adviser Information Act. 2. Definition of investment adviser
Section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) ) is amended by striking or (H) and inserting (H) any broker or dealer who provides research services to an investment manager and accepts payment for those services from the investment manager's own money, from a research payment account funded with money from a client of the investment manager, or a combination thereof, provided that the payment method of the investment manager is subject to, either directly or by contractual obligation, the Directive 2014/65/EU of the European Parliament, the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as implemented by the European Union member states, or any other law from any foreign jurisdiction that is substantially similar to that directive and the implementing rules and regulations of that directive; or (I). | 1,047 |
117s1149is | 117 | s | 1,149 | is | To amend the Internal Revenue Code of 1986 to permanently extend the depreciation rules for property used predominantly within an Indian reservation. | [
{
"text": "1. Permanent extension of\t\t\t depreciation rules for property on Indian reservations \n(a) In general \nSubsection (j) of section 168 of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (b) Effective date \nThe amendment made by this section shall apply to property placed in service after December 31, 2021.",
"id": "id36BF9DB132F54A65A0AAFFD2AC53F02A",
"header": "Permanent extension of\n\t\t\t depreciation rules for property on Indian reservations"
}
] | 1 | 1. Permanent extension of depreciation rules for property on Indian reservations
(a) In general
Subsection (j) of section 168 of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (b) Effective date
The amendment made by this section shall apply to property placed in service after December 31, 2021. | 327 |
117s2185is | 117 | s | 2,185 | is | To reauthorize certain Bureau of Reclamation programs, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Western Water Infrastructure Act of 2021.",
"id": "id9BF28CAF52B34E31B084DD0281568435",
"header": "Short title"
},
{
"text": "2. Definitions \nIn this Act: (1) Grandfathered project \nThe term grandfathered project means a project that has been included in a feasibility level study by the Secretary that was commenced, including at the appraisal level, on or before January 1, 2021, in anticipation of Federal funding or recommended by the Secretary and approved by an Act of Congress prior to the date of enactment of this Act pursuant to— (A) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (B) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (2) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.",
"id": "id0AE0708C55334F718A91B1BEA053449E",
"header": "Definitions"
},
{
"text": "3. Reauthorization of certain reclamation programs \n(a) Water storage program \nSection 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in subsection (h)— (A) in paragraph (1), by striking (1) $335,000,000 and inserting the following: (1) In general \n$1,600,000,000 ; and (B) by striking paragraph (2) and inserting the following: (2) Requirement \n(A) In general \nSubject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (B) Limitation \nSubparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ). ; (2) by striking subsection (i); and (3) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (b) Eligible desalination projects \nSection 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended— (1) by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2); and (2) in subparagraph (F) of paragraph (2) (as so redesignated)— (A) in clause (i)— (i) by striking (i) $30,000,000 and inserting the following: (i) In general \n$125,000,000 ; and (ii) by striking ; and and at the end and inserting a period; and (B) by striking clause (ii) and inserting the following: (ii) Requirement \n(I) In general \nSubject to subclause (II), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (II) Limitation \nSubclause (I) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ).. (c) Reclamation and reuse of wastewater and groundwater \nSection 1602(g) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(g) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and all that follows through There is and inserting the following: (A) In general \nThere is ; and (B) by striking $50,000,000 and inserting $375,000,000 ; and (2) by striking paragraph (2) and inserting the following: (2) Requirement \n(A) In general \nSubject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (B) Limitation \nSubparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ).. (d) Duration of certain reclamation projects \nSection 4013 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in paragraph (1), by striking ; and at the end; (2) in paragraph (2), by striking the period at the end the following and inserting ; and ; and (3) by adding at the end the following: (2) sections 4006, 4007 (other than a project under construction under that section that is covered by paragraph (2)), 4008, 4009 (other than a project under construction under the amendment made by subsection (a) or (c) of section 4009 that is covered by paragraph (2)), and 4011 (including any amendments made by those sections), which shall expire 5 years after the date of enactment of the Western Water Infrastructure Act of 2021.. (e) Applicable law \nA grandfathered project shall continue to be subject to the applicable requirements of the following: (1) Section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ). (2) Section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ). (3) Section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ).",
"id": "idfb6e68ab0a2a46048501c6497379f7c9",
"header": "Reauthorization of certain reclamation programs"
},
{
"text": "4. Increased funding for water management improvement \nSection 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $700,000,000 and inserting $1,000,000,000.",
"id": "idA3FFECB72DC94937AFB604A649F80869",
"header": "Increased funding for water management improvement"
},
{
"text": "5. Annual report to congress on future western water storage projects \n(a) Definitions \nIn this section: (1) Annual report \nThe term annual report means a report required under subsection (b)(1). (2) Authorized reclamation project \n(A) In general \nThe term authorized Reclamation project means a project authorized under— (i) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (ii) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (iii) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (B) Exclusion \nThe term authorized Reclamation project does not include a grandfathered project. (3) Authorizing committees of congress \nThe term authorizing committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (b) Annual report \n(1) In general \nNot later than February 1 of each year, the Secretary shall develop and submit to the authorizing committees of Congress a report, to be entitled Report to Congress on Future Water Storage Projects , that identifies each authorized Reclamation project that the Secretary has determined meets the criteria and eligibility requirements under subsection (a) or (b) of section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ), section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ), or section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ), as applicable. (2) Transparency \nFor each authorized Reclamation project included in the annual report under paragraph (1), the Secretary shall include— (A) the name of the associated non-Federal entity, including the name of any non-Federal entity that has contributed, or is expected to contribute, a non-Federal share of the cost of the authorized Reclamation project; (B) a letter or statement of support from each associated non-Federal entity; and (C) a summary of the basis for the determination of the Secretary that the authorized Reclamation project meets the eligibility requirements referred to in paragraph (1), including an estimate, to the maximum extent practicable, of the monetary and nonmonetary benefits of the authorized Reclamation project.",
"id": "idad186fd818a14d4bba9da6239c36541a",
"header": "Annual report to congress on future western water storage projects"
},
{
"text": "6. Contracts for enhanced inspection \n(a) Definitions \nIn this section: (1) Aging infrastructure \nThe term aging infrastructure means any infrastructure subject to an enhanced inspection under this section that is associated with a facility that— (A) was constructed by the Bureau of Reclamation (or a precursor to the Bureau of Reclamation), in accordance with the reclamation laws; and (B) is greater than 50 years old as of the date of the enhanced inspection. (2) Enhanced inspection \nThe term enhanced inspection means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as LiDAR ), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of aging infrastructure— (A) (i) are structurally sound; and (ii) can operate as intended; or (B) are at risk of failure. (3) Reclamation laws \nThe term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. )). (b) Enhanced inspection \n(1) In general \nThe Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure. (2) Certain circumstances \nSubject to the availability of appropriations or funds otherwise available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections. (3) Reimbursability \nAny Federal funds used to carry out the enhanced inspections under this section are nonreimbursable. (c) Limitation \nThe Secretary shall not require an owner or operator of a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section. (d) Funding \n(1) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended. (2) Acceptance of funds \nThe Secretary may— (A) accept funds from an owner or operator of aging infrastructure to carry out an enhanced inspection of the aging infrastructure under this section; and (B) use the funds accepted under subparagraph (A) to carry out an enhanced inspection of the aging infrastructure pursuant to a contract entered into with the owner or operator under this section.",
"id": "id42cb116cd1e34729b1457085a25ce77f",
"header": "Contracts for enhanced inspection"
},
{
"text": "7. Reservoir sediment management \n(a) Definition of sediment management plan \nIn this section, the term sediment management plan means a plan for— (1) preventing sediment from reducing water storage capacity at a reservoir; and (2) increasing water storage capacity through sediment removal at a reservoir. (b) Sediment management program \nThe Secretary shall carry out a program for the development and implementation of sediment management plans for reservoirs owned by the Secretary, on request by project beneficiaries. (c) Plan elements \nA sediment management plan under subsection (b) shall— (1) provide opportunities for States, project beneficiaries, and other stakeholders to participate in sediment management decisions; (2) evaluate the volume of sediment in a reservoir and impacts on project purposes, including storage capacity; (3) identify sediment management options, including sediment dikes and dredging; (4) identify constraints; (5) assess technical feasibility, economic justification, and environmental impacts; (6) identify beneficial uses for sediment; and (7) to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment. (d) Justification \nIn determining the economic justification of a sediment management plan under subsection (b), the Secretary shall— (1) measure and include flooding, erosion, and accretion damages upstream and downstream of the reservoir that are likely to occur as a result of sediment management within the reservoir compared to the damages that are likely to occur if the sediment management plan is not implemented; and (2) include— (A) lifecycle costs; and (B) a 100-year period of analysis. (e) Prioritization of sediment management plans \nIn carrying out the program under this section, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State lines. (f) Cost share \n(1) In general \nThe beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the sediment management plan. (2) Allocation \nThere shall be allocated— (A) among the beneficiaries described in paragraph (1) the reimbursable costs of developing and implementing the sediment management plan; and (B) to the Secretary the nonreimbursable costs of any other public benefits identified in the sediment management plan. (g) Contributed funds \nThe Secretary may accept funds from non-Federal entities and other Federal agencies to develop and implement a sediment management plan under this section. (h) Guidance \nThe Secretary shall use the knowledge gained through the development and implementation of sediment management plans under subsection (b) to develop guidance for sediment management at other reservoirs. (i) Partnership with the chief of engineers \n(1) In general \nThe Secretary shall carry out the program established under this section in partnership with the Secretary of the Army, acting through the Chief of Engineers, which shall apply to reservoirs managed or owned by the Corps of Engineers. (2) Memorandum of agreement \nFor sediment management plans that apply to a reservoir managed or owned by the Corps of Engineers under paragraph (1), the Secretary and the Secretary of the Army shall execute a memorandum of agreement establishing— (A) the framework for a partnership; and (B) the terms and conditions for sharing expertise and resources. (3) Payments \nThe Secretary may accept and expend funds from the Secretary of the Army any work under this subsection at a reservoir managed or owned by Corps of Engineers. (4) Lead agency \nThe Secretary or the Secretary of the Army, as applicable, based on who has primary jurisdiction over a reservoir, shall take the lead in developing and implementing a sediment management plan for the reservoir. (j) Other authorities not affected \nNothing in this section affects— (1) sediment management; or (2) the share of costs paid by Federal and non-Federal entities relating to sediment management under any other provision of law (including regulations). (k) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended.",
"id": "id4ed6d594853e4c86b74daef32b6b9a1a",
"header": "Reservoir sediment management"
},
{
"text": "8. Elimination of Bureau of Reclamation maintenance backlog \n(a) In general \nThe Secretary shall use amounts made available under subsection (b)— (1) to carry out activities to reduce or eliminate all major rehabilitation and replacement needs of the Bureau of Reclamation, as identified in an Asset Management Report (as defined in section 8601 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 505a )); or (2) to support the rehabilitation, reconstruction, or replacement of any dam— (A) the construction of which began on or after January 1, 1905; (B) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the Carey Act ) (28 Stat. 422, chapter 301; 43 U.S.C. 641 ); (C) that the Governor of the State in which the dam is located has— (i) determined reached the useful life of the dam; (ii) determined poses significant health and safety concerns; and (iii) requested Federal support; and (D) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. (b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for the period of fiscal years 2022 through 2026. (2) Reimbursement of costs \nAmounts made available to the Secretary under paragraph (1) for maintenance activities at reserved works and transferred works identified in the report described in subsection (a)(1) that are considered to be reimbursable costs under existing contracts shall be afforded the repayment terms provided under section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ).",
"id": "idb56b448e4f114e82aa09d95770cc82fd",
"header": "Elimination of Bureau of Reclamation maintenance backlog"
}
] | 8 | 1. Short title
This Act may be cited as the Western Water Infrastructure Act of 2021. 2. Definitions
In this Act: (1) Grandfathered project
The term grandfathered project means a project that has been included in a feasibility level study by the Secretary that was commenced, including at the appraisal level, on or before January 1, 2021, in anticipation of Federal funding or recommended by the Secretary and approved by an Act of Congress prior to the date of enactment of this Act pursuant to— (A) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (B) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (2) Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 3. Reauthorization of certain reclamation programs
(a) Water storage program
Section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in subsection (h)— (A) in paragraph (1), by striking (1) $335,000,000 and inserting the following: (1) In general
$1,600,000,000 ; and (B) by striking paragraph (2) and inserting the following: (2) Requirement
(A) In general
Subject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (B) Limitation
Subparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ). ; (2) by striking subsection (i); and (3) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (b) Eligible desalination projects
Section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended— (1) by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2); and (2) in subparagraph (F) of paragraph (2) (as so redesignated)— (A) in clause (i)— (i) by striking (i) $30,000,000 and inserting the following: (i) In general
$125,000,000 ; and (ii) by striking ; and and at the end and inserting a period; and (B) by striking clause (ii) and inserting the following: (ii) Requirement
(I) In general
Subject to subclause (II), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (II) Limitation
Subclause (I) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ).. (c) Reclamation and reuse of wastewater and groundwater
Section 1602(g) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(g) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and all that follows through There is and inserting the following: (A) In general
There is ; and (B) by striking $50,000,000 and inserting $375,000,000 ; and (2) by striking paragraph (2) and inserting the following: (2) Requirement
(A) In general
Subject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021. (B) Limitation
Subparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ).. (d) Duration of certain reclamation projects
Section 4013 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in paragraph (1), by striking ; and at the end; (2) in paragraph (2), by striking the period at the end the following and inserting ; and ; and (3) by adding at the end the following: (2) sections 4006, 4007 (other than a project under construction under that section that is covered by paragraph (2)), 4008, 4009 (other than a project under construction under the amendment made by subsection (a) or (c) of section 4009 that is covered by paragraph (2)), and 4011 (including any amendments made by those sections), which shall expire 5 years after the date of enactment of the Western Water Infrastructure Act of 2021.. (e) Applicable law
A grandfathered project shall continue to be subject to the applicable requirements of the following: (1) Section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ). (2) Section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ). (3) Section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). 4. Increased funding for water management improvement
Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $700,000,000 and inserting $1,000,000,000. 5. Annual report to congress on future western water storage projects
(a) Definitions
In this section: (1) Annual report
The term annual report means a report required under subsection (b)(1). (2) Authorized reclamation project
(A) In general
The term authorized Reclamation project means a project authorized under— (i) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (ii) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (iii) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (B) Exclusion
The term authorized Reclamation project does not include a grandfathered project. (3) Authorizing committees of congress
The term authorizing committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (b) Annual report
(1) In general
Not later than February 1 of each year, the Secretary shall develop and submit to the authorizing committees of Congress a report, to be entitled Report to Congress on Future Water Storage Projects , that identifies each authorized Reclamation project that the Secretary has determined meets the criteria and eligibility requirements under subsection (a) or (b) of section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ), section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ), or section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ), as applicable. (2) Transparency
For each authorized Reclamation project included in the annual report under paragraph (1), the Secretary shall include— (A) the name of the associated non-Federal entity, including the name of any non-Federal entity that has contributed, or is expected to contribute, a non-Federal share of the cost of the authorized Reclamation project; (B) a letter or statement of support from each associated non-Federal entity; and (C) a summary of the basis for the determination of the Secretary that the authorized Reclamation project meets the eligibility requirements referred to in paragraph (1), including an estimate, to the maximum extent practicable, of the monetary and nonmonetary benefits of the authorized Reclamation project. 6. Contracts for enhanced inspection
(a) Definitions
In this section: (1) Aging infrastructure
The term aging infrastructure means any infrastructure subject to an enhanced inspection under this section that is associated with a facility that— (A) was constructed by the Bureau of Reclamation (or a precursor to the Bureau of Reclamation), in accordance with the reclamation laws; and (B) is greater than 50 years old as of the date of the enhanced inspection. (2) Enhanced inspection
The term enhanced inspection means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as LiDAR ), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of aging infrastructure— (A) (i) are structurally sound; and (ii) can operate as intended; or (B) are at risk of failure. (3) Reclamation laws
The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. )). (b) Enhanced inspection
(1) In general
The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure. (2) Certain circumstances
Subject to the availability of appropriations or funds otherwise available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections. (3) Reimbursability
Any Federal funds used to carry out the enhanced inspections under this section are nonreimbursable. (c) Limitation
The Secretary shall not require an owner or operator of a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section. (d) Funding
(1) Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended. (2) Acceptance of funds
The Secretary may— (A) accept funds from an owner or operator of aging infrastructure to carry out an enhanced inspection of the aging infrastructure under this section; and (B) use the funds accepted under subparagraph (A) to carry out an enhanced inspection of the aging infrastructure pursuant to a contract entered into with the owner or operator under this section. 7. Reservoir sediment management
(a) Definition of sediment management plan
In this section, the term sediment management plan means a plan for— (1) preventing sediment from reducing water storage capacity at a reservoir; and (2) increasing water storage capacity through sediment removal at a reservoir. (b) Sediment management program
The Secretary shall carry out a program for the development and implementation of sediment management plans for reservoirs owned by the Secretary, on request by project beneficiaries. (c) Plan elements
A sediment management plan under subsection (b) shall— (1) provide opportunities for States, project beneficiaries, and other stakeholders to participate in sediment management decisions; (2) evaluate the volume of sediment in a reservoir and impacts on project purposes, including storage capacity; (3) identify sediment management options, including sediment dikes and dredging; (4) identify constraints; (5) assess technical feasibility, economic justification, and environmental impacts; (6) identify beneficial uses for sediment; and (7) to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment. (d) Justification
In determining the economic justification of a sediment management plan under subsection (b), the Secretary shall— (1) measure and include flooding, erosion, and accretion damages upstream and downstream of the reservoir that are likely to occur as a result of sediment management within the reservoir compared to the damages that are likely to occur if the sediment management plan is not implemented; and (2) include— (A) lifecycle costs; and (B) a 100-year period of analysis. (e) Prioritization of sediment management plans
In carrying out the program under this section, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State lines. (f) Cost share
(1) In general
The beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the sediment management plan. (2) Allocation
There shall be allocated— (A) among the beneficiaries described in paragraph (1) the reimbursable costs of developing and implementing the sediment management plan; and (B) to the Secretary the nonreimbursable costs of any other public benefits identified in the sediment management plan. (g) Contributed funds
The Secretary may accept funds from non-Federal entities and other Federal agencies to develop and implement a sediment management plan under this section. (h) Guidance
The Secretary shall use the knowledge gained through the development and implementation of sediment management plans under subsection (b) to develop guidance for sediment management at other reservoirs. (i) Partnership with the chief of engineers
(1) In general
The Secretary shall carry out the program established under this section in partnership with the Secretary of the Army, acting through the Chief of Engineers, which shall apply to reservoirs managed or owned by the Corps of Engineers. (2) Memorandum of agreement
For sediment management plans that apply to a reservoir managed or owned by the Corps of Engineers under paragraph (1), the Secretary and the Secretary of the Army shall execute a memorandum of agreement establishing— (A) the framework for a partnership; and (B) the terms and conditions for sharing expertise and resources. (3) Payments
The Secretary may accept and expend funds from the Secretary of the Army any work under this subsection at a reservoir managed or owned by Corps of Engineers. (4) Lead agency
The Secretary or the Secretary of the Army, as applicable, based on who has primary jurisdiction over a reservoir, shall take the lead in developing and implementing a sediment management plan for the reservoir. (j) Other authorities not affected
Nothing in this section affects— (1) sediment management; or (2) the share of costs paid by Federal and non-Federal entities relating to sediment management under any other provision of law (including regulations). (k) Authorization of appropriations
There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended. 8. Elimination of Bureau of Reclamation maintenance backlog
(a) In general
The Secretary shall use amounts made available under subsection (b)— (1) to carry out activities to reduce or eliminate all major rehabilitation and replacement needs of the Bureau of Reclamation, as identified in an Asset Management Report (as defined in section 8601 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 505a )); or (2) to support the rehabilitation, reconstruction, or replacement of any dam— (A) the construction of which began on or after January 1, 1905; (B) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the Carey Act ) (28 Stat. 422, chapter 301; 43 U.S.C. 641 ); (C) that the Governor of the State in which the dam is located has— (i) determined reached the useful life of the dam; (ii) determined poses significant health and safety concerns; and (iii) requested Federal support; and (D) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. (b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for the period of fiscal years 2022 through 2026. (2) Reimbursement of costs
Amounts made available to the Secretary under paragraph (1) for maintenance activities at reserved works and transferred works identified in the report described in subsection (a)(1) that are considered to be reimbursable costs under existing contracts shall be afforded the repayment terms provided under section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ). | 16,246 |
117s4515is | 117 | s | 4,515 | is | To require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the No Emergency Crude Oil for Foreign Adversaries Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Condition on auction of crude oil from the Strategic Petroleum Reserve \n(a) Definitions \nIn this section: (1) Bidder \nThe term bidder means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve. (2) Secretary \nThe term Secretary means the Secretary of Energy. (3) Strategic Petroleum Reserve \nThe term Strategic Petroleum Reserve means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (b) Prohibition on export of SPR crude oil to certain countries \n(1) In general \nNotwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Democratic People’s Republic of Korea; or (D) the Islamic Republic of Iran. (2) Waiver \n(A) In general \nOn application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction. (B) Requirement \nThe Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States. (C) Applications \n(i) In general \nA bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application— (I) not later than the date that is 30 days before the date of the applicable auction; and (II) in such form and containing such information as the Secretary may require. (ii) Deadline for decision \nThe Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted. (c) Report \nNot 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 Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (1) the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and (2) the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined.",
"id": "id9F079DE3EADE41B6BDA922ACFE3C172A",
"header": "Condition on auction of crude oil from the Strategic Petroleum Reserve"
}
] | 2 | 1. Short title
This Act may be cited as the No Emergency Crude Oil for Foreign Adversaries Act. 2. Condition on auction of crude oil from the Strategic Petroleum Reserve
(a) Definitions
In this section: (1) Bidder
The term bidder means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve. (2) Secretary
The term Secretary means the Secretary of Energy. (3) Strategic Petroleum Reserve
The term Strategic Petroleum Reserve means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (b) Prohibition on export of SPR crude oil to certain countries
(1) In general
Notwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Democratic People’s Republic of Korea; or (D) the Islamic Republic of Iran. (2) Waiver
(A) In general
On application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction. (B) Requirement
The Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States. (C) Applications
(i) In general
A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application— (I) not later than the date that is 30 days before the date of the applicable auction; and (II) in such form and containing such information as the Secretary may require. (ii) Deadline for decision
The Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted. (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 Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (1) the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and (2) the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined. | 2,744 |
117s4126is | 117 | s | 4,126 | is | To require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding. | [
{
"text": "1. Short title \nThis Act may be cited as the Rural Broadband Protection Act of 2022.",
"id": "id5fc4f4d17f8b43c1aa527275fcb220d0",
"header": "Short title"
},
{
"text": "2. Vetting process for prospective high-cost universal service fund applicants \n(a) Definitions \nIn this section— (1) the term Commission means the Federal Communications Commission; (2) the term covered funding means high-cost universal service program funding provided through a competitive award process for the deployment of a broadband-capable network and the provision of supported services over the network; and (3) the term new covered funding award means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under subsection (b). (b) FCC rulemaking \nNot later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (c) Contents \nIn promulgating rules under subsection (b), the Commission shall provide that— (1) an applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant performance characteristics defined by the Commission and as pledged by the applicant; (2) the proposal described in paragraph (1) shall include sufficient detail and supporting documentation for the Commission to reasonably ascertain whether the applicant and the technology that the applicant plans to use would have the ability to perform as required given the characteristics of the locations to be served; and (3) the Commission shall evaluate a proposal described in paragraph (1) against reasonable and well-established technical standards, including the technical standards adopted by the Commission in orders of the Commission relating to modernizing the FCC Form 477 Data Program (WC Docket No. 11–10) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage.",
"id": "id01460FB6EA5F47F99DE983CEED851980",
"header": "Vetting process for prospective high-cost universal service fund applicants"
}
] | 2 | 1. Short title
This Act may be cited as the Rural Broadband Protection Act of 2022. 2. Vetting process for prospective high-cost universal service fund applicants
(a) Definitions
In this section— (1) the term Commission means the Federal Communications Commission; (2) the term covered funding means high-cost universal service program funding provided through a competitive award process for the deployment of a broadband-capable network and the provision of supported services over the network; and (3) the term new covered funding award means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under subsection (b). (b) FCC rulemaking
Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (c) Contents
In promulgating rules under subsection (b), the Commission shall provide that— (1) an applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant performance characteristics defined by the Commission and as pledged by the applicant; (2) the proposal described in paragraph (1) shall include sufficient detail and supporting documentation for the Commission to reasonably ascertain whether the applicant and the technology that the applicant plans to use would have the ability to perform as required given the characteristics of the locations to be served; and (3) the Commission shall evaluate a proposal described in paragraph (1) against reasonable and well-established technical standards, including the technical standards adopted by the Commission in orders of the Commission relating to modernizing the FCC Form 477 Data Program (WC Docket No. 11–10) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage. | 2,250 |
117s3565is | 117 | s | 3,565 | is | To prohibit the use of Federal funds to purchase at-home tests for SARS–CoV–2 that are imported from, or manufactured in, the People's Republic of China. | [
{
"text": "1. Short title \nThis Act may be cited as the No Taxpayer Dollars for Communist China COVID Tests Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Prohibition on using Federal funds to purchase certain tests \nNotwithstanding any other provision of law, no Federal funds may be used to purchase any at-home test for SARS–CoV–2 that is imported from the People's Republic of China, or that was manufactured, in whole or in part, in the People's Republic of China.",
"id": "id80023CC881B3456F873A76D2152B7D96",
"header": "Prohibition on using Federal funds to purchase certain tests"
}
] | 2 | 1. Short title
This Act may be cited as the No Taxpayer Dollars for Communist China COVID Tests Act. 2. Prohibition on using Federal funds to purchase certain tests
Notwithstanding any other provision of law, no Federal funds may be used to purchase any at-home test for SARS–CoV–2 that is imported from the People's Republic of China, or that was manufactured, in whole or in part, in the People's Republic of China. | 419 |
117s654is | 117 | s | 654 | is | To reauthorize the Blue Ridge National Heritage Area, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Blue Ridge National Heritage Area Reauthorization Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Reauthorization of the Blue Ridge National Heritage Area \nThe Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778) is amended— (1) in subsection (i)— (A) by striking paragraph (1) and inserting the following: (1) In general \nThere is authorized to be appropriated to carry out this section $1,000,000 for each fiscal year. ; and (B) in paragraph (2), by striking subsection (a) and inserting paragraph (1) ; and (2) in subsection (j), by striking 2021 and inserting 2036.",
"id": "id2765063CE4B54A0E9BFBDCFF5CDD38BD",
"header": "Reauthorization of the Blue Ridge National Heritage Area"
}
] | 2 | 1. Short title
This Act may be cited as the Blue Ridge National Heritage Area Reauthorization Act of 2021. 2. Reauthorization of the Blue Ridge National Heritage Area
The Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778) is amended— (1) in subsection (i)— (A) by striking paragraph (1) and inserting the following: (1) In general
There is authorized to be appropriated to carry out this section $1,000,000 for each fiscal year. ; and (B) in paragraph (2), by striking subsection (a) and inserting paragraph (1) ; and (2) in subsection (j), by striking 2021 and inserting 2036. | 682 |
117s2341is | 117 | s | 2,341 | is | To amend the Internal Revenue Code of 1986 to expand the treatment of moving expenses to employees and new appointees in the intelligence community who move pursuant to a change in assignment that requires relocation. | [
{
"text": "1. Short title \nThis Act may be cited as the Intelligence Community Workforce Agility Protection Act of 2021.",
"id": "id343D0ED62CAC4ECDA0890AD01D773D25",
"header": "Short title"
},
{
"text": "2. Expansion of treatment of moving expenses \n(a) Purpose \nThe purpose of this section is to facilitate the movement of members of the intelligence community to meet mission critical needs and to reduce unintended tax burdens imposed on public servants in relocating duty stations. (b) Deduction \nSection 217(k) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after to whom subsection (g) applies. (c) Exclusion for qualified moving expense reimbursements \nSection 132(g)(2) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after change of station. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2017.",
"id": "idE7C69B945BC142BE84A6D3642768C4AE",
"header": "Expansion of treatment of moving expenses"
}
] | 2 | 1. Short title
This Act may be cited as the Intelligence Community Workforce Agility Protection Act of 2021. 2. Expansion of treatment of moving expenses
(a) Purpose
The purpose of this section is to facilitate the movement of members of the intelligence community to meet mission critical needs and to reduce unintended tax burdens imposed on public servants in relocating duty stations. (b) Deduction
Section 217(k) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after to whom subsection (g) applies. (c) Exclusion for qualified moving expense reimbursements
Section 132(g)(2) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after change of station. (d) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2017. | 1,357 |
117s5237is | 117 | s | 5,237 | is | To require the Secretary of Transportation to promulgate regulations relating to the approval of foreign manufacturers of cylinders, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Regulation of foreign manufacturers of cylinders used in transporting hazardous materials \n(a) Definitions \nIn this section: (1) Cylinder \nThe term cylinder means any cylinder specified under any of sections 178.36 through 178.68 of title 49, Code of Federal Regulations (or successor regulations). (2) Foreign manufacturer of cylinders; fmoc \nThe term foreign manufacturer of cylinders or FMOC means an entity that manufactures cylinders outside of the United States that are intended to be represented, marked, certified, or sold as qualified for use in transporting a hazardous material in commerce in the United States. (3) In good standing \nThe term in good standing , with respect to an FMOC, means that the FMOC— (A) is approved by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation); and (B) has demonstrated 3 years of compliance with— (i) part 107 of title 49, Code of Federal Regulations (or successor regulations); and (ii) chapter 51 of title 49, United States Code. (4) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Approval of foreign manufacturers of cylinders \n(1) In general \nThe Secretary shall promulgate regulations to provide that an approval provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), shall be for a period of not longer than 1 year, except as provided under paragraph (2). (2) 5-year approval \nThe Secretary may provide a 5-year approval of an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), if the following requirements are met: (A) The FMOC attests that none of the cylinders made by the FMOC are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). (B) The FMOC certifies that— (i) the information provided pursuant to subsection (e) is accurate; and (ii) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (C) The Secretary determines that the FMOC is in good standing. (3) Facility inspections \n(A) Definition of obstructs \nIn this paragraph, the term obstructs means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (B) Penalties \nThe Secretary may suspend or terminate an approval of an FMOC if the FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations (or a successor regulation). (4) Interaction with other statutes, agreements, regulations \nNothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law. (5) Other cause for suspension or termination \nThe Secretary may suspend or terminate an approval of an FMOC on determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law, including under subsection (e). (c) Reevaluation by request for related violations \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to establish a process, as determined by the Secretary, for any interested party to request a reevaluation of the approval of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), to review the accuracy and safety of the actions of the FMOC. (2) Petition for reevaluation \nThe regulations promulgated under paragraph (1) shall allow an interested party to file a petition if that party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under subsection (e). (d) Notice and comment for applications by foreign manufacturers of cylinders \nOn receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), the Secretary shall— (1) timely publish notification of the application on the website of the Pipeline and Hazardous Materials Safety Administration; and (2) provide 30 days for public comment on the application prior to approval. (e) Additional questions To ensure safety and compliance with DOT processes \n(1) Additional questions \nThe Secretary shall require, as part of an application for approval pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), that the applicant answer the following questions: (A) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has ever been subject to a civil monetary penalty under title 49, United States Code, relating to any actions carried out as an approved FMOC or during the application for approval under that section. (B) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (C) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to the Do Not Pay Initiative established under section 3354 of title 31, United States Code, as of the date of the application. (D) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is listed in the Military End User List of the Department of Commerce as of the date of the application. (E) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is identified by the Department of Defense as an entity listed under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ) as of the date of application. (F) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 50 U.S.C. 4819 ). (G) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. (2) Denial of application \nThe Secretary may deny under section 107.709 of title 49, Code of Federal Regulations (or a successor regulation), an application for approval under section 107.807 of that title (or a successor regulation) based on the responses to the questions required under paragraph (1). (f) Foreign manufacturers listing approvals \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation a list of approved foreign manufacturers of cylinders and the duration of those approvals. (g) Authorizing foreign inspections \nNot later than 180 days after the date of enactment of this Act, the Secretary shall revise section 107.807(d) of title 49, Code of Federal Regulations— (1) to require that in any case in which the Secretary determines there is good cause, an inspection under that section shall be carried out annually for such duration as the Secretary determines appropriate; (2) to specify that a refusal of inspection under that section shall result in a loss of the status of in good standing; (3) to allow the Secretary to request, at the discretion of the Secretary— (A) production of test and production records; and (B) random sample testing; and (4) to allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary.",
"id": "id05e79ba64ac744588d4356828c91dc65",
"header": "Regulation of foreign manufacturers of cylinders used in transporting hazardous materials"
}
] | 2 | 1. Short title
This Act may be cited as the Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022. 2. Regulation of foreign manufacturers of cylinders used in transporting hazardous materials
(a) Definitions
In this section: (1) Cylinder
The term cylinder means any cylinder specified under any of sections 178.36 through 178.68 of title 49, Code of Federal Regulations (or successor regulations). (2) Foreign manufacturer of cylinders; fmoc
The term foreign manufacturer of cylinders or FMOC means an entity that manufactures cylinders outside of the United States that are intended to be represented, marked, certified, or sold as qualified for use in transporting a hazardous material in commerce in the United States. (3) In good standing
The term in good standing , with respect to an FMOC, means that the FMOC— (A) is approved by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation); and (B) has demonstrated 3 years of compliance with— (i) part 107 of title 49, Code of Federal Regulations (or successor regulations); and (ii) chapter 51 of title 49, United States Code. (4) Secretary
The term Secretary means the Secretary of Transportation. (b) Approval of foreign manufacturers of cylinders
(1) In general
The Secretary shall promulgate regulations to provide that an approval provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), shall be for a period of not longer than 1 year, except as provided under paragraph (2). (2) 5-year approval
The Secretary may provide a 5-year approval of an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), if the following requirements are met: (A) The FMOC attests that none of the cylinders made by the FMOC are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). (B) The FMOC certifies that— (i) the information provided pursuant to subsection (e) is accurate; and (ii) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (C) The Secretary determines that the FMOC is in good standing. (3) Facility inspections
(A) Definition of obstructs
In this paragraph, the term obstructs means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (B) Penalties
The Secretary may suspend or terminate an approval of an FMOC if the FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations (or a successor regulation). (4) Interaction with other statutes, agreements, regulations
Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law. (5) Other cause for suspension or termination
The Secretary may suspend or terminate an approval of an FMOC on determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law, including under subsection (e). (c) Reevaluation by request for related violations
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to establish a process, as determined by the Secretary, for any interested party to request a reevaluation of the approval of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), to review the accuracy and safety of the actions of the FMOC. (2) Petition for reevaluation
The regulations promulgated under paragraph (1) shall allow an interested party to file a petition if that party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under subsection (e). (d) Notice and comment for applications by foreign manufacturers of cylinders
On receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), the Secretary shall— (1) timely publish notification of the application on the website of the Pipeline and Hazardous Materials Safety Administration; and (2) provide 30 days for public comment on the application prior to approval. (e) Additional questions To ensure safety and compliance with DOT processes
(1) Additional questions
The Secretary shall require, as part of an application for approval pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), that the applicant answer the following questions: (A) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has ever been subject to a civil monetary penalty under title 49, United States Code, relating to any actions carried out as an approved FMOC or during the application for approval under that section. (B) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (C) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to the Do Not Pay Initiative established under section 3354 of title 31, United States Code, as of the date of the application. (D) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is listed in the Military End User List of the Department of Commerce as of the date of the application. (E) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is identified by the Department of Defense as an entity listed under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ) as of the date of application. (F) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 50 U.S.C. 4819 ). (G) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. (2) Denial of application
The Secretary may deny under section 107.709 of title 49, Code of Federal Regulations (or a successor regulation), an application for approval under section 107.807 of that title (or a successor regulation) based on the responses to the questions required under paragraph (1). (f) Foreign manufacturers listing approvals
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation a list of approved foreign manufacturers of cylinders and the duration of those approvals. (g) Authorizing foreign inspections
Not later than 180 days after the date of enactment of this Act, the Secretary shall revise section 107.807(d) of title 49, Code of Federal Regulations— (1) to require that in any case in which the Secretary determines there is good cause, an inspection under that section shall be carried out annually for such duration as the Secretary determines appropriate; (2) to specify that a refusal of inspection under that section shall result in a loss of the status of in good standing; (3) to allow the Secretary to request, at the discretion of the Secretary— (A) production of test and production records; and (B) random sample testing; and (4) to allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary. | 7,903 |
117s3665is | 117 | s | 3,665 | is | To authorize certain aliens seeking asylum to be employed in the United States while their applications are being adjudicated. | [
{
"text": "1. Short title \nThis Act may be cited as the Asylum Seeker Work Authorization Act of 2022.",
"id": "H906187F08E5F4EE489CE8D8992D80896",
"header": "Short title"
},
{
"text": "2. Employment authorization for aliens seeking asylum \nSection 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization \n(A) Eligibility \nThe Secretary of Homeland Security shall authorize employment for an applicant for asylum— (i) who is not in detention; (ii) whose application for asylum has not been determined frivolous; and (iii) with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. (B) Application \nThe Secretary may not grant employment authorization under this paragraph to an applicant for asylum who is not otherwise eligible for employment authorization until 30 days after the date on which the applicant filed an application for asylum. (C) Term \nEmployment authorization under this paragraph— (i) shall be for a period of 1 year; and (ii) shall be renewable for additional 1-year periods while the applicant’s asylum claim is being adjudicated, including administrative or judicial review..",
"id": "H5954A4800DAA467B90F2B054E03E5017",
"header": "Employment authorization for aliens seeking asylum"
}
] | 2 | 1. Short title
This Act may be cited as the Asylum Seeker Work Authorization Act of 2022. 2. Employment authorization for aliens seeking asylum
Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization
(A) Eligibility
The Secretary of Homeland Security shall authorize employment for an applicant for asylum— (i) who is not in detention; (ii) whose application for asylum has not been determined frivolous; and (iii) with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. (B) Application
The Secretary may not grant employment authorization under this paragraph to an applicant for asylum who is not otherwise eligible for employment authorization until 30 days after the date on which the applicant filed an application for asylum. (C) Term
Employment authorization under this paragraph— (i) shall be for a period of 1 year; and (ii) shall be renewable for additional 1-year periods while the applicant’s asylum claim is being adjudicated, including administrative or judicial review.. | 1,112 |
117s3032is | 117 | s | 3,032 | is | To require certain manufactured goods introduced for sale in the United States to have a domestic value content of more than 50 percent, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Make in America to Sell in America Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings; sense of Congress \n(a) Findings \nCongress makes the following findings: (1) Excessive globalization has been a disaster for United States workers in the manufacturing sector. (2) The erosion of the domestic industrial base of the United States is the result of the lack of adequate protection for both domestic industry and United States workers from import competition. (3) Since 2001, approximately 60,000 factories have shuttered in the United States. (4) The COVID–19 pandemic revealed the degree to which the United States is dependent on the People’s Republic of China for certain critical manufactured goods. (5) The United States currently mandates domestic sourcing by requiring certain government agencies to purchase only goods that are produced in whole or in part in the United States. (b) Sense of Congress \nIt is the sense of Congress that a targeted regime of local content requirements across manufactured goods sold in the United States should be deployed to boost domestic industry, repatriate supply chains, and nurture infant industries.",
"id": "idA8F5FAE63E7D4089B9E1BDCE1969A545",
"header": "Findings; sense of Congress"
},
{
"text": "3. Definitions \nIn this Act: (1) Commission \nThe term Commission means the United States International Trade Commission. (2) Covered good \nThe term covered good means a good identified by the Secretary of Commerce in the report required by section 4. (3) Introduce for sale \nThe term introduce for sale , with respect to a good, means to import the good into the United States or produce the good for consumption in the United States.",
"id": "idA2FAF6CC11D44973B877EB014553F0FC",
"header": "Definitions"
},
{
"text": "4. Identification of critical goods \n(a) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of Defense, shall submit to Congress and make available to the public a report that identifies finished goods and intermediate goods the domestic production of which is critical for the protection of the industrial base in the United States or for the national security of the United States. (b) Considerations \nIn considering whether the production of a good is critical for the protection of the industrial base or for the national security of the United States, the Secretary of Commerce may consider— (1) the relative lack of the domestic production of the good compared to domestic demand for the good; (2) the extent to which the global supply chain of the good is vulnerable; and (3) the employment effects of restoring or establishing production of the good in the United States.",
"id": "id33d3ae1388454d0fb56335b0692333cb",
"header": "Identification of critical goods"
},
{
"text": "5. Minimum domestic content requirement \n(a) In general \nExcept as provided in subsection (c) or (d), a covered good may not be introduced for sale in the United States unless the domestic value content of the good is more than 50 percent. (b) Domestic value content \n(1) Calculation \nThe domestic value content of a covered good may be calculated on the basis of the following transaction value method: TV−VNM DVC = ————— × 100 TV (2) Definitions \nIn this subsection: (A) DVC \nThe term DVC means the domestic value content of the good, expressed as a percentage. (B) Originating good; originating material \n(i) In general \nThe terms originating good and originating material mean a good or material, as the case may be— (I) wholly obtained or produced entirely in the United States; or (II) substantially transformed in the United States from a good or material that is not wholly the growth, product, or manufacture of the United States. (ii) Remanufactured goods \nFor purposes of determining whether a remanufactured good is an originating good, a recovered material derived in the United States shall be treated as an originating material if the material is used or consumed in the production of, and incorporation into, the manufactured good. (C) Nonoriginating good; nonoriginating material \nThe terms nonoriginating good and nonoriginating material mean a good or material, as the case may be, that does not qualify as originating under subparagraph (B). (D) TV \nThe term TV means the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good. (E) VNM \nThe term VNM means the value of nonoriginating goods or nonoriginating materials used by the producer in the production of the good. (3) Value of nonoriginating materials \nFor purposes of calculating the domestic value content of a good under this subsection, the value of nonoriginating materials used by the producer in the production of the good shall not include the value of nonoriginating materials used or consumed to produce originating materials that are subsequently used or consumed in the production of the good. (c) Exceptions \nThe prohibition under subsection (a) does not apply with respect to— (1) used goods; or (2) goods introduced for sale in the United States by any person with annual revenue of less than $5,000,000. (d) Waiver \n(1) In general \nThe President may waive the application of subsection (a) with respect to a covered good if the President— (A) determines that— (i) the covered good is not available for sale in the United States in a manner that meets the minimum domestic content requirement under subsection (a); (ii) the development of domestic production of the covered good to meet the consumptive demand of the United States is substantially time-intensive or capital-intensive compared with other covered goods; or (iii) a delay in the application of the requirement under subsection (a) is critical for the national security of the United States; and (B) submits to Congress and makes available to the public a report on the reasons for the waiver. (2) Effective period \nA waiver issued under paragraph (1) with respect to a covered good terminates on the date that is 3 years after the date on which the President submits the report required by paragraph (1)(B) with respect to the waiver. (3) Prohibition on renewal \nA waiver issued under paragraph (1) may not be renewed. (4) Briefings required \nNot less frequently than annually, the President shall brief the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the waivers issued under paragraph (1) and the determinations made under paragraph (1)(A) with respect to those waivers during the preceding year. (5) Public list \nNot less frequently than annually, the President shall make available to the public a list of all waivers issued under paragraph (1) during the preceding year. (e) Regulations \nThe Secretary of Commerce, in consultation with the Commissioner of U.S. Customs and Border Protection, shall prescribe regulations and guidance to carry out this section, including with respect to the calculation and applicability of the minimum domestic content requirement under subsection (a).",
"id": "idBD73C40307BB4ABA92DD7A14CA7AD8C9",
"header": "Minimum domestic content requirement"
},
{
"text": "6. Enforcement \n(a) In general \n(1) Penalties \nIf the Secretary of Commerce determines that a person introduces for sale, or causes to be introduced for sale, a covered good in the United States in violation of section 4(a), that person shall be liable for a civil penalty not to exceed the greater of— (A) the amount that is twice the total transaction value of the good; or (B) $5,000,000. (2) Considerations \nIn making a determination under paragraph (1) with respect to an alleged violation of section 4(a), the Secretary of Commerce shall consider the findings of the Commission pursuant to an investigation conducted under subsection (b) with respect to the alleged violation. (b) Investigations by Commission \n(1) Petitions \nThe Commission may initiate an investigation into an alleged violation of section 4(a) with respect to a covered good upon the filing of a petition by a domestic producer of the covered good or the Secretary of Commerce. (2) Notification \nUpon receipt of a petition filed under paragraph (1), the Commission shall notify the person alleged to have violated section 4(a) of the petition and the allegations included in the petition. (3) Initiation of investigation \nNot later than 20 days after receiving a petition filed under paragraph (1), the Commission shall— (A) after examining, on the basis of sources readily available, the accuracy and adequacy of the allegations included in the petition, determine whether the petition— (i) alleges the elements necessary for the imposition of a penalty under subsection (a)(1); and (ii) contains information reasonably available to the petitioner supporting the allegations; (B) determine whether the covered good that is the subject of the petition is covered by a waiver issued under section 4(c); and (C) if the determination under subparagraph (A) is affirmative and the determination under subparagraph (B) is negative, initiate an investigation. (4) Findings \n(A) In general \nNot later than 60 days after initiating an investigation under paragraph (3)(C), and after soliciting public comments, soliciting evidence from the parties, and examining other relevant sources, the Commission shall make a finding with respect to whether, based on a preponderance of evidence, the person that is the subject of the investigation has violated section 4(a). (B) Notifications \nIf the finding of the Commission under subparagraph (A) is affirmative, the Commission shall— (i) notify all parties to the investigation of the finding; and (ii) make available to the public the facts and conclusions upon which the finding was based. (5) Withdrawal of petitions \nThe Commission may terminate an investigation initiated under paragraph (3), after notice to all parties to the investigation, if the petition filed under paragraph (1) is withdrawn by the petitioner. (6) Staff \nThe Commission may hire sufficient staff to carry out investigations under this subsection. (7) Regulations \nThe Commission may prescribe regulations and guidance as necessary to carry out this subsection.",
"id": "id05ea2b4d93dc4b108635c23e09d7ef5a",
"header": "Enforcement"
},
{
"text": "7. Applicability \nThe provisions of this Act apply with respect to goods introduced for sale in the United States on and after the date that is 3 years after the date of the enactment of this Act.",
"id": "id97ee7059efcb449181a61cc64c4fc6a3",
"header": "Applicability"
}
] | 7 | 1. Short title
This Act may be cited as the Make in America to Sell in America Act of 2021. 2. Findings; sense of Congress
(a) Findings
Congress makes the following findings: (1) Excessive globalization has been a disaster for United States workers in the manufacturing sector. (2) The erosion of the domestic industrial base of the United States is the result of the lack of adequate protection for both domestic industry and United States workers from import competition. (3) Since 2001, approximately 60,000 factories have shuttered in the United States. (4) The COVID–19 pandemic revealed the degree to which the United States is dependent on the People’s Republic of China for certain critical manufactured goods. (5) The United States currently mandates domestic sourcing by requiring certain government agencies to purchase only goods that are produced in whole or in part in the United States. (b) Sense of Congress
It is the sense of Congress that a targeted regime of local content requirements across manufactured goods sold in the United States should be deployed to boost domestic industry, repatriate supply chains, and nurture infant industries. 3. Definitions
In this Act: (1) Commission
The term Commission means the United States International Trade Commission. (2) Covered good
The term covered good means a good identified by the Secretary of Commerce in the report required by section 4. (3) Introduce for sale
The term introduce for sale , with respect to a good, means to import the good into the United States or produce the good for consumption in the United States. 4. Identification of critical goods
(a) In general
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of Defense, shall submit to Congress and make available to the public a report that identifies finished goods and intermediate goods the domestic production of which is critical for the protection of the industrial base in the United States or for the national security of the United States. (b) Considerations
In considering whether the production of a good is critical for the protection of the industrial base or for the national security of the United States, the Secretary of Commerce may consider— (1) the relative lack of the domestic production of the good compared to domestic demand for the good; (2) the extent to which the global supply chain of the good is vulnerable; and (3) the employment effects of restoring or establishing production of the good in the United States. 5. Minimum domestic content requirement
(a) In general
Except as provided in subsection (c) or (d), a covered good may not be introduced for sale in the United States unless the domestic value content of the good is more than 50 percent. (b) Domestic value content
(1) Calculation
The domestic value content of a covered good may be calculated on the basis of the following transaction value method: TV−VNM DVC = ————— × 100 TV (2) Definitions
In this subsection: (A) DVC
The term DVC means the domestic value content of the good, expressed as a percentage. (B) Originating good; originating material
(i) In general
The terms originating good and originating material mean a good or material, as the case may be— (I) wholly obtained or produced entirely in the United States; or (II) substantially transformed in the United States from a good or material that is not wholly the growth, product, or manufacture of the United States. (ii) Remanufactured goods
For purposes of determining whether a remanufactured good is an originating good, a recovered material derived in the United States shall be treated as an originating material if the material is used or consumed in the production of, and incorporation into, the manufactured good. (C) Nonoriginating good; nonoriginating material
The terms nonoriginating good and nonoriginating material mean a good or material, as the case may be, that does not qualify as originating under subparagraph (B). (D) TV
The term TV means the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good. (E) VNM
The term VNM means the value of nonoriginating goods or nonoriginating materials used by the producer in the production of the good. (3) Value of nonoriginating materials
For purposes of calculating the domestic value content of a good under this subsection, the value of nonoriginating materials used by the producer in the production of the good shall not include the value of nonoriginating materials used or consumed to produce originating materials that are subsequently used or consumed in the production of the good. (c) Exceptions
The prohibition under subsection (a) does not apply with respect to— (1) used goods; or (2) goods introduced for sale in the United States by any person with annual revenue of less than $5,000,000. (d) Waiver
(1) In general
The President may waive the application of subsection (a) with respect to a covered good if the President— (A) determines that— (i) the covered good is not available for sale in the United States in a manner that meets the minimum domestic content requirement under subsection (a); (ii) the development of domestic production of the covered good to meet the consumptive demand of the United States is substantially time-intensive or capital-intensive compared with other covered goods; or (iii) a delay in the application of the requirement under subsection (a) is critical for the national security of the United States; and (B) submits to Congress and makes available to the public a report on the reasons for the waiver. (2) Effective period
A waiver issued under paragraph (1) with respect to a covered good terminates on the date that is 3 years after the date on which the President submits the report required by paragraph (1)(B) with respect to the waiver. (3) Prohibition on renewal
A waiver issued under paragraph (1) may not be renewed. (4) Briefings required
Not less frequently than annually, the President shall brief the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the waivers issued under paragraph (1) and the determinations made under paragraph (1)(A) with respect to those waivers during the preceding year. (5) Public list
Not less frequently than annually, the President shall make available to the public a list of all waivers issued under paragraph (1) during the preceding year. (e) Regulations
The Secretary of Commerce, in consultation with the Commissioner of U.S. Customs and Border Protection, shall prescribe regulations and guidance to carry out this section, including with respect to the calculation and applicability of the minimum domestic content requirement under subsection (a). 6. Enforcement
(a) In general
(1) Penalties
If the Secretary of Commerce determines that a person introduces for sale, or causes to be introduced for sale, a covered good in the United States in violation of section 4(a), that person shall be liable for a civil penalty not to exceed the greater of— (A) the amount that is twice the total transaction value of the good; or (B) $5,000,000. (2) Considerations
In making a determination under paragraph (1) with respect to an alleged violation of section 4(a), the Secretary of Commerce shall consider the findings of the Commission pursuant to an investigation conducted under subsection (b) with respect to the alleged violation. (b) Investigations by Commission
(1) Petitions
The Commission may initiate an investigation into an alleged violation of section 4(a) with respect to a covered good upon the filing of a petition by a domestic producer of the covered good or the Secretary of Commerce. (2) Notification
Upon receipt of a petition filed under paragraph (1), the Commission shall notify the person alleged to have violated section 4(a) of the petition and the allegations included in the petition. (3) Initiation of investigation
Not later than 20 days after receiving a petition filed under paragraph (1), the Commission shall— (A) after examining, on the basis of sources readily available, the accuracy and adequacy of the allegations included in the petition, determine whether the petition— (i) alleges the elements necessary for the imposition of a penalty under subsection (a)(1); and (ii) contains information reasonably available to the petitioner supporting the allegations; (B) determine whether the covered good that is the subject of the petition is covered by a waiver issued under section 4(c); and (C) if the determination under subparagraph (A) is affirmative and the determination under subparagraph (B) is negative, initiate an investigation. (4) Findings
(A) In general
Not later than 60 days after initiating an investigation under paragraph (3)(C), and after soliciting public comments, soliciting evidence from the parties, and examining other relevant sources, the Commission shall make a finding with respect to whether, based on a preponderance of evidence, the person that is the subject of the investigation has violated section 4(a). (B) Notifications
If the finding of the Commission under subparagraph (A) is affirmative, the Commission shall— (i) notify all parties to the investigation of the finding; and (ii) make available to the public the facts and conclusions upon which the finding was based. (5) Withdrawal of petitions
The Commission may terminate an investigation initiated under paragraph (3), after notice to all parties to the investigation, if the petition filed under paragraph (1) is withdrawn by the petitioner. (6) Staff
The Commission may hire sufficient staff to carry out investigations under this subsection. (7) Regulations
The Commission may prescribe regulations and guidance as necessary to carry out this subsection. 7. Applicability
The provisions of this Act apply with respect to goods introduced for sale in the United States on and after the date that is 3 years after the date of the enactment of this Act. | 10,121 |
117s3118is | 117 | s | 3,118 | is | To require the Secretary of Energy to establish a hydrogen infrastructure finance and innovation pilot program, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Hydrogen Infrastructure Finance and Innovation Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Study \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency, the Council on Environmental Quality, the Administrator of the Energy Information Administration, and the heads of other relevant Federal agencies, shall conduct a study subject to notice and public comment— (1) to fully assess and report the potential layout of pipeline corridors that are robust against a range of projected hydrogen demand futures; (2) to synthesize the results from research, development, and demonstration projects on materials and metallurgy for transporting and storing hydrogen and hydrogen-rich fuels; (3) to determine outstanding questions with regard to research, development, and demonstration of infrastructure for transporting and storing hydrogen and hydrogen-rich fuels; (4) to investigate the behavior and environmental impact of hydrogen leakage in pipelines and from geologic storage sites and nongeologic storage equipment; (5) to determine best practices for the construction and maintenance of hydrogen pipelines; (6) to determine the percentage at which hydrogen must be blended into the natural gas network to substantially reduce carbon intensity; and (7) to establish a framework for the measurement, reporting, and management of hydrogen leaks.",
"id": "idb4c558088d8d47cb9d9c28d6adee5be7",
"header": "Study"
},
{
"text": "3. Supporting hydrogen infrastructure and regional development of hydrogen \n(a) Definitions \nIn this section: (1) Board-regulated rates \nThe term Board-regulated rates means rates regulated by the Surface Transportation Board. (2) Commission-regulated rates \nThe term Commission-regulated rates means rates regulated by the Federal Energy Regulatory Commission. (3) Common carrier \nThe term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (4) Eligible activity \nThe term eligible activity means an activity described in subsection (g)(2) relating to, or carried out in connection with, an eligible project. (5) Eligible entity \nThe term eligible entity means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity. (6) Eligible project \n(A) In general \nSubject to subparagraph (B), the term eligible project means an infrastructure project for hydrogen transportation, storage, or delivery, including pipeline, shipping, rail, refueling, or other infrastructure, or associated equipment, as the Secretary determines to be appropriate. (B) Inclusion of pipeline projects \nThe term eligible project includes a pipeline project only if the project is for— (i) the construction of 1 or more new pipelines that are capable of handling pure hydrogen; or (ii) the retrofitting of 1 or more existing natural gas pipelines— (I) to transport a blend of hydrogen and natural gas; and (II) in a manner that will significantly increase the capacity of the pipelines to transport hydrogen, as determined by the Secretary. (7) Eligible project cost \n(A) In general \nThe term eligible project costs means— (i) the costs of carrying out an eligible activity; and (ii) any costs described in subparagraph (B) relating to, or incurred in connection with, an eligible project. (B) Costs described \nThe costs referred to in subparagraph (A)(ii) are— (i) the costs of capitalized interest necessary to meet market requirements, the costs of reasonably required reserve funds, capital issuance expenses, and any other carrying costs during construction of the applicable infrastructure; and (ii) transaction costs associated with financing an eligible project, including the cost of legal counsel and technical consultants. (8) HIFIA pilot program \nThe term HIFIA pilot program means the hydrogen infrastructure finance and innovation pilot program established under subsection (b)(1). (9) Letter of interest \nThe term letter of interest means a letter submitted by a potential applicant prior to an application for a grant or a loan under the HIFIA pilot program that— (A) is in a format prescribed by the Secretary on the website of the HIFIA pilot program; (B) describes the project and the location, purpose, and cost of the project; (C) outlines the proposed financial plan, including— (i) the requested grant or loan assistance; and (ii) the proposed obligor, if applicable; (D) provides a status of environmental review; and (E) provides information regarding satisfaction of other eligibility requirements of the HIFIA pilot program. (10) Low-income or disadvantaged community \nThe term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (11) Obligor \nThe term obligor means an eligible entity that is liable for payment of the principal of, or interest on, a loan under the HIFIA pilot program. (12) Secretary \nThe term Secretary means the Secretary of Energy. (b) Establishment \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish a hydrogen infrastructure finance and innovation pilot program under which the Secretary shall provide— (A) financial assistance to eligible entities for eligible projects through— (i) grants; or (ii) long-term, low-cost supplemental loans; and (B) technical assistance in accordance with subsection (l). (2) Coordination with hydrogen hubs \nTo ensure that the HIFIA pilot program is compatible with and complementary to any hydrogen hubs developed under any other law, the Secretary, to the maximum extent practicable, shall coordinate the establishment of the HIFIA pilot program with— (A) the establishment of any program to support the development of hydrogen hubs that is required to be established under any other law; and (B) the development of those hubs. (c) Eligibility \n(1) In general \nThe Secretary may provide financial assistance for an eligible project under the HIFIA pilot program if— (A) the eligible entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (2) with respect to the project; and (B) the eligible entity and the eligible project meet all applicable requirements of this section. (2) Applications \n(A) In general \nTo be eligible for a grant or a loan under the HIFIA pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Election \n(i) In general \nAn eligible entity may elect to apply for a grant, a loan, or both under the HIFIA pilot program. (ii) Decision \nThe Secretary shall have discretion to award any mix of grants and loans under the HIFIA pilot program as the Secretary determines to be appropriate, including with respect to each eligible entity that applies for both a grant and a loan. (C) Application processing procedures \n(i) Notice of complete application \nNot later than 30 days after the date of receipt of an application under this paragraph, the Secretary shall provide to the applicant a written notice describing whether— (I) the application is complete; or (II) additional information or materials are needed to complete the application. (ii) Approval or denial of application \nNot later than 90 days after the date of issuance of a written notice under clause (i), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (d) Priority \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary shall give priority to eligible projects that— (1) will provide greater net impact in avoiding or reducing emissions of greenhouse gases; and (2) are sited in a manner that minimizes environmental disturbance and other siting concerns, including by being sited within, or adjacent to, existing pipeline or other linear infrastructure corridors. (e) Considerations \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary, to the maximum extent practicable, shall select projects— (1) that are large-capacity, common carrier infrastructure; (2) that enable geographical diversity in associated projects and supply chains to produce, use, or store hydrogen, with the goal of enabling projects in all major regions of the United States with current hydrogen demand and potential future hydrogen demand; (3) that will generate the greatest benefit to low-income or disadvantaged communities; and (4) that will— (A) maximize creation or retention of jobs in the United States; and (B) provide the highest job quality. (f) Loans \n(1) In general \nIn carrying out the HIFIA pilot program, the Secretary shall make loans to eligible entities, the proceeds of which shall be used to finance eligible projects. (2) Interest rate \nThe interest rate of a loan under the HIFIA pilot program shall be not less than the interest rate on United States Treasury securities of a similar maturity to the maturity of the loan on the date of closing on the loan. (3) Maturity date \nThe final maturity date of a loan provided under the HIFIA pilot program shall be the date that is 30 years after the date of substantial completion of the applicable eligible project. (4) Repayment \n(A) In general \nThe Secretary shall establish a repayment schedule for each loan provided under the HIFIA pilot program. (B) Commencement \nRepayment of a loan provided under the HIFIA pilot program shall commence on the date of substantial completion of the applicable eligible project for which the loan was provided. (C) Deferral of repayment \nIf, at any time during the 5-year period beginning on the date of substantial completion of an eligible project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may allow the borrower to defer repayment of the loan until the end of that 5-year period. (5) Requirements \n(A) Creditworthiness \n(i) In general \nEach obligor with respect to a loan provided for an eligible project under the HIFIA pilot program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the loan, as determined by the Secretary under clause (ii). (ii) Reasonable prospect of repayment \nThe Secretary shall base a determination of whether there is a reasonable prospect of repayment under clause (i) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the loan for the eligible project, including evaluation of— (I) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (II) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (III) the projected financial strength of the obligor— (aa) at the time of loan close; and (bb) throughout the loan term, including after the project is completed; (IV) the financial strength of the investors and strategic partners of the obligor, if applicable; and (V) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (B) Dedicated source of revenue \nAn eligible project for which a loan is provided under the HIFIA pilot program shall have a dedicated source of revenue separate from any financial assistance received under the HIFIA pilot program. (g) Use of financial assistance \n(1) In general \nA grant or loan provided under the HIFIA pilot program may be used for any eligible project costs. (2) Eligible activities \nA grant or loan provided under the HIFIA pilot program may be used to carry out any of the following activities with respect to an eligible project: (A) Development phase activities, including— (i) planning; (ii) preliminary engineering; (iii) design; (iv) environmental review; (v) revenue forecasting; and (vi) other preconstruction activities. (B) Construction, reconstruction, rehabilitation, and replacement activities, including the training of construction personnel in handling and safety. (C) Acquisition of— (i) real property or an interest in real property; or (ii) equipment. (D) Environmental mitigation activities. (E) Activities relating to construction contingencies. (h) Federal requirements \n(1) In general \nNothing in this section supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA \nFederal assistance may only be provided under the HIFIA pilot program for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (i) Leak detection \nEach eligible entity that receives a loan or grant under the HIFIA pilot program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (j) Maximum Federal involvement \nThe maximum Federal share of an eligible project for which a loan is provided under the HIFIA pilot program shall not exceed 80 percent of the eligible costs of the project. (k) Amendment \nSection 1703(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(3) ) is amended by striking Hydrogen fuel and inserting Hydrogen technologies applicable to 1 or more end-use sectors, such as power generation, transportation, aviation, storage, industrial, and chemicals, including hydrogen fuel. (l) Technical assistance \n(1) In general \nThe Secretary and the National Laboratories may provide technical assistance under the HIFIA pilot program to assess the grading and readiness of existing infrastructure to transport, store, or deliver hydrogen with respect to informal State and regional planning for investments in that grading and readiness. (2) Priority \nIn providing technical assistance under paragraph (1), the Secretary and the National Laboratories shall prioritize— (A) preexisting infrastructure corridors; (B) geologic storage potential for hydrogen; and (C) industrial clusters. (m) Regulatory assessment To encourage hydrogen transportation infrastructure deployment \nNot later than 270 days after the date of enactment of this Act, each of the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, in coordination with the Secretary, shall— (1) assess jurisdiction over the siting, construction, safety, and regulation of hydrogen transportation infrastructure, including, at a minimum, the blending of hydrogen in natural gas pipelines; (2) if that assessment indicates that additional authority is needed to support the deployment of hydrogen transportation infrastructure, submit to Congress a report describing the needed authority; and (3) identify the eligibility of, and process for, hydrogen transportation infrastructure to receive cost recovery under the HIFIA pilot program through Commission-regulated rates, Board-regulated rates, or other applicable regulated rates, as appropriate, for the transportation of hydrogen in interstate commerce. (n) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the HIFIA pilot program $100,000,000 for each of fiscal years 2022 through 2026.",
"id": "idF0C5B11C666845FC8116E289CDC702B7",
"header": "Supporting hydrogen infrastructure and regional development of hydrogen"
}
] | 3 | 1. Short title
This Act may be cited as the Hydrogen Infrastructure Finance and Innovation Act. 2. Study
Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency, the Council on Environmental Quality, the Administrator of the Energy Information Administration, and the heads of other relevant Federal agencies, shall conduct a study subject to notice and public comment— (1) to fully assess and report the potential layout of pipeline corridors that are robust against a range of projected hydrogen demand futures; (2) to synthesize the results from research, development, and demonstration projects on materials and metallurgy for transporting and storing hydrogen and hydrogen-rich fuels; (3) to determine outstanding questions with regard to research, development, and demonstration of infrastructure for transporting and storing hydrogen and hydrogen-rich fuels; (4) to investigate the behavior and environmental impact of hydrogen leakage in pipelines and from geologic storage sites and nongeologic storage equipment; (5) to determine best practices for the construction and maintenance of hydrogen pipelines; (6) to determine the percentage at which hydrogen must be blended into the natural gas network to substantially reduce carbon intensity; and (7) to establish a framework for the measurement, reporting, and management of hydrogen leaks. 3. Supporting hydrogen infrastructure and regional development of hydrogen
(a) Definitions
In this section: (1) Board-regulated rates
The term Board-regulated rates means rates regulated by the Surface Transportation Board. (2) Commission-regulated rates
The term Commission-regulated rates means rates regulated by the Federal Energy Regulatory Commission. (3) Common carrier
The term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (4) Eligible activity
The term eligible activity means an activity described in subsection (g)(2) relating to, or carried out in connection with, an eligible project. (5) Eligible entity
The term eligible entity means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity. (6) Eligible project
(A) In general
Subject to subparagraph (B), the term eligible project means an infrastructure project for hydrogen transportation, storage, or delivery, including pipeline, shipping, rail, refueling, or other infrastructure, or associated equipment, as the Secretary determines to be appropriate. (B) Inclusion of pipeline projects
The term eligible project includes a pipeline project only if the project is for— (i) the construction of 1 or more new pipelines that are capable of handling pure hydrogen; or (ii) the retrofitting of 1 or more existing natural gas pipelines— (I) to transport a blend of hydrogen and natural gas; and (II) in a manner that will significantly increase the capacity of the pipelines to transport hydrogen, as determined by the Secretary. (7) Eligible project cost
(A) In general
The term eligible project costs means— (i) the costs of carrying out an eligible activity; and (ii) any costs described in subparagraph (B) relating to, or incurred in connection with, an eligible project. (B) Costs described
The costs referred to in subparagraph (A)(ii) are— (i) the costs of capitalized interest necessary to meet market requirements, the costs of reasonably required reserve funds, capital issuance expenses, and any other carrying costs during construction of the applicable infrastructure; and (ii) transaction costs associated with financing an eligible project, including the cost of legal counsel and technical consultants. (8) HIFIA pilot program
The term HIFIA pilot program means the hydrogen infrastructure finance and innovation pilot program established under subsection (b)(1). (9) Letter of interest
The term letter of interest means a letter submitted by a potential applicant prior to an application for a grant or a loan under the HIFIA pilot program that— (A) is in a format prescribed by the Secretary on the website of the HIFIA pilot program; (B) describes the project and the location, purpose, and cost of the project; (C) outlines the proposed financial plan, including— (i) the requested grant or loan assistance; and (ii) the proposed obligor, if applicable; (D) provides a status of environmental review; and (E) provides information regarding satisfaction of other eligibility requirements of the HIFIA pilot program. (10) Low-income or disadvantaged community
The term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (11) Obligor
The term obligor means an eligible entity that is liable for payment of the principal of, or interest on, a loan under the HIFIA pilot program. (12) Secretary
The term Secretary means the Secretary of Energy. (b) Establishment
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish a hydrogen infrastructure finance and innovation pilot program under which the Secretary shall provide— (A) financial assistance to eligible entities for eligible projects through— (i) grants; or (ii) long-term, low-cost supplemental loans; and (B) technical assistance in accordance with subsection (l). (2) Coordination with hydrogen hubs
To ensure that the HIFIA pilot program is compatible with and complementary to any hydrogen hubs developed under any other law, the Secretary, to the maximum extent practicable, shall coordinate the establishment of the HIFIA pilot program with— (A) the establishment of any program to support the development of hydrogen hubs that is required to be established under any other law; and (B) the development of those hubs. (c) Eligibility
(1) In general
The Secretary may provide financial assistance for an eligible project under the HIFIA pilot program if— (A) the eligible entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (2) with respect to the project; and (B) the eligible entity and the eligible project meet all applicable requirements of this section. (2) Applications
(A) In general
To be eligible for a grant or a loan under the HIFIA pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Election
(i) In general
An eligible entity may elect to apply for a grant, a loan, or both under the HIFIA pilot program. (ii) Decision
The Secretary shall have discretion to award any mix of grants and loans under the HIFIA pilot program as the Secretary determines to be appropriate, including with respect to each eligible entity that applies for both a grant and a loan. (C) Application processing procedures
(i) Notice of complete application
Not later than 30 days after the date of receipt of an application under this paragraph, the Secretary shall provide to the applicant a written notice describing whether— (I) the application is complete; or (II) additional information or materials are needed to complete the application. (ii) Approval or denial of application
Not later than 90 days after the date of issuance of a written notice under clause (i), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (d) Priority
In selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary shall give priority to eligible projects that— (1) will provide greater net impact in avoiding or reducing emissions of greenhouse gases; and (2) are sited in a manner that minimizes environmental disturbance and other siting concerns, including by being sited within, or adjacent to, existing pipeline or other linear infrastructure corridors. (e) Considerations
In selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary, to the maximum extent practicable, shall select projects— (1) that are large-capacity, common carrier infrastructure; (2) that enable geographical diversity in associated projects and supply chains to produce, use, or store hydrogen, with the goal of enabling projects in all major regions of the United States with current hydrogen demand and potential future hydrogen demand; (3) that will generate the greatest benefit to low-income or disadvantaged communities; and (4) that will— (A) maximize creation or retention of jobs in the United States; and (B) provide the highest job quality. (f) Loans
(1) In general
In carrying out the HIFIA pilot program, the Secretary shall make loans to eligible entities, the proceeds of which shall be used to finance eligible projects. (2) Interest rate
The interest rate of a loan under the HIFIA pilot program shall be not less than the interest rate on United States Treasury securities of a similar maturity to the maturity of the loan on the date of closing on the loan. (3) Maturity date
The final maturity date of a loan provided under the HIFIA pilot program shall be the date that is 30 years after the date of substantial completion of the applicable eligible project. (4) Repayment
(A) In general
The Secretary shall establish a repayment schedule for each loan provided under the HIFIA pilot program. (B) Commencement
Repayment of a loan provided under the HIFIA pilot program shall commence on the date of substantial completion of the applicable eligible project for which the loan was provided. (C) Deferral of repayment
If, at any time during the 5-year period beginning on the date of substantial completion of an eligible project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may allow the borrower to defer repayment of the loan until the end of that 5-year period. (5) Requirements
(A) Creditworthiness
(i) In general
Each obligor with respect to a loan provided for an eligible project under the HIFIA pilot program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the loan, as determined by the Secretary under clause (ii). (ii) Reasonable prospect of repayment
The Secretary shall base a determination of whether there is a reasonable prospect of repayment under clause (i) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the loan for the eligible project, including evaluation of— (I) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (II) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (III) the projected financial strength of the obligor— (aa) at the time of loan close; and (bb) throughout the loan term, including after the project is completed; (IV) the financial strength of the investors and strategic partners of the obligor, if applicable; and (V) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (B) Dedicated source of revenue
An eligible project for which a loan is provided under the HIFIA pilot program shall have a dedicated source of revenue separate from any financial assistance received under the HIFIA pilot program. (g) Use of financial assistance
(1) In general
A grant or loan provided under the HIFIA pilot program may be used for any eligible project costs. (2) Eligible activities
A grant or loan provided under the HIFIA pilot program may be used to carry out any of the following activities with respect to an eligible project: (A) Development phase activities, including— (i) planning; (ii) preliminary engineering; (iii) design; (iv) environmental review; (v) revenue forecasting; and (vi) other preconstruction activities. (B) Construction, reconstruction, rehabilitation, and replacement activities, including the training of construction personnel in handling and safety. (C) Acquisition of— (i) real property or an interest in real property; or (ii) equipment. (D) Environmental mitigation activities. (E) Activities relating to construction contingencies. (h) Federal requirements
(1) In general
Nothing in this section supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA
Federal assistance may only be provided under the HIFIA pilot program for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (i) Leak detection
Each eligible entity that receives a loan or grant under the HIFIA pilot program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (j) Maximum Federal involvement
The maximum Federal share of an eligible project for which a loan is provided under the HIFIA pilot program shall not exceed 80 percent of the eligible costs of the project. (k) Amendment
Section 1703(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(3) ) is amended by striking Hydrogen fuel and inserting Hydrogen technologies applicable to 1 or more end-use sectors, such as power generation, transportation, aviation, storage, industrial, and chemicals, including hydrogen fuel. (l) Technical assistance
(1) In general
The Secretary and the National Laboratories may provide technical assistance under the HIFIA pilot program to assess the grading and readiness of existing infrastructure to transport, store, or deliver hydrogen with respect to informal State and regional planning for investments in that grading and readiness. (2) Priority
In providing technical assistance under paragraph (1), the Secretary and the National Laboratories shall prioritize— (A) preexisting infrastructure corridors; (B) geologic storage potential for hydrogen; and (C) industrial clusters. (m) Regulatory assessment To encourage hydrogen transportation infrastructure deployment
Not later than 270 days after the date of enactment of this Act, each of the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, in coordination with the Secretary, shall— (1) assess jurisdiction over the siting, construction, safety, and regulation of hydrogen transportation infrastructure, including, at a minimum, the blending of hydrogen in natural gas pipelines; (2) if that assessment indicates that additional authority is needed to support the deployment of hydrogen transportation infrastructure, submit to Congress a report describing the needed authority; and (3) identify the eligibility of, and process for, hydrogen transportation infrastructure to receive cost recovery under the HIFIA pilot program through Commission-regulated rates, Board-regulated rates, or other applicable regulated rates, as appropriate, for the transportation of hydrogen in interstate commerce. (n) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the HIFIA pilot program $100,000,000 for each of fiscal years 2022 through 2026. | 16,450 |
117s2735is | 117 | s | 2,735 | is | To amend title 5, United States Code, to designate September 11 Day of Remembrance as a legal public holiday. | [
{
"text": "1. Short title \nThis Act may be cited as the September 11 Day of Remembrance Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. September 11 Day of Remembrance as a legal public holiday \nSection 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Labor Day the following: September 11 Day of Remembrance, September 11..",
"id": "id7B8E06A81956489FAD34A39DCBCA3ED9",
"header": "September 11 Day of Remembrance as a legal public holiday"
}
] | 2 | 1. Short title
This Act may be cited as the September 11 Day of Remembrance Act. 2. September 11 Day of Remembrance as a legal public holiday
Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Labor Day the following: September 11 Day of Remembrance, September 11.. | 315 |
117s1910enr | 117 | s | 1,910 | enr | To authorize major medical facility projects of the Department of Veterans Affairs for fiscal year 2021. | [
{
"text": "1. Short title \nThis Act may be cited as the Major Medical Facility Authorization Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021 \n(a) In general \nThe Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a).",
"id": "id3e4d3751b0024956a363fda36fca56bc",
"header": "Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021"
}
] | 2 | 1. Short title
This Act may be cited as the Major Medical Facility Authorization Act of 2021. 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021
(a) In general
The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a). | 1,699 |
117s1910es | 117 | s | 1,910 | es | To authorize major medical facility projects of the Department of Veterans Affairs for fiscal year 2021. | [
{
"text": "1. Short title \nThis Act may be cited as the Major Medical Facility Authorization Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021 \n(a) In general \nThe Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a).",
"id": "id3e4d3751b0024956a363fda36fca56bc",
"header": "Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021"
}
] | 2 | 1. Short title
This Act may be cited as the Major Medical Facility Authorization Act of 2021. 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021
(a) In general
The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a). | 1,699 |
117s1910is | 117 | s | 1,910 | is | To authorize major medical facility projects of the Department of Veterans Affairs for fiscal year 2021. | [
{
"text": "1. Short title \nThis Act may be cited as the Major Medical Facility Authorization Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021 \n(a) In general \nThe Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a).",
"id": "id3e4d3751b0024956a363fda36fca56bc",
"header": "Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021"
}
] | 2 | 1. Short title
This Act may be cited as the Major Medical Facility Authorization Act of 2021. 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021
(a) In general
The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a). | 1,699 |
117s4087is | 117 | s | 4,087 | is | To require pension plans that offer participants and beneficiaries the option of receiving lifetime annuity payments as lump sum payments, to meet certain notice and disclosure requirements. | [
{
"text": "1. Short title \nThis Act may be cited as the Information Needed for Financial Options Risk Mitigation Act or the INFORM Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Notice and disclosure requirements with respect to lump sum windows \n(a) In general \nPart 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended by adding at the end the following: 112. Notice and disclosure requirements with respect to lump sum windows \n(a) In general \nA plan sponsor of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum under clause (i) of section 401(a)(9)(A)(i) of the Internal Revenue Code of 1986, instead of future monthly payments under clause (ii) of such section, shall provide notice— (1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and (2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum. (b) Notice to participants and beneficiaries \n(1) Content \nThe notice required under subsection (a)(1) shall include the following: (A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986), the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option. (B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (C) In a manner consistent with the manner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— (i) the single life annuity, (or other standard form of benefit); and (ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); (D) Whether it would be possible to replicate the plan’s stream of payments by purchasing a comparable retail annuity using the lump sum. (E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaranteed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost. (F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer. (G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election. (H) Contact information for the point of contact at the plan sponsor for participants and beneficiaries to get more information or ask questions about the options. (2) Plain language \nThe notice under this subsection shall be written in a manner calculated to be understood by the average plan participant. (3) Model notice \nThe Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (2). (c) Notice to the Secretary and Pension Benefit Guaranty Corporation \nThe notice required under subsection (a)(2) shall include the following: (1) The total number of participants and beneficiaries eligible for such lump sum option. (2) The length of the limited period during which the lump sum is offered. (3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (4) A sample of the notice provided to participants and beneficiaries under subsection (b). (d) Post-Offer report to the Secretary and Pension Benefit Guaranty Corporation \nNot later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer to convert their annuity into a lump sum as generally permitted under section 401(a)(9) of the Internal Revenue Code of 1986, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require. (e) Public availability \nThe Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d)(1) publicly available in a form that protects the confidentiality of the information provided. (f) Guidance and regulations \nThe Secretary— (1) not later than 180 days after the date of enactment of this section, shall issue guidance and model notices for plan sponsors to use in providing the notice described in subsection (b); and (2) may promulgate such other regulations as may be necessary to carry out this section. (g) Biannual report \nNot later than 6 months after the date of enactment of this section and every 6 months thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d), the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period.. (b) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 111 the following new item: Sec. 112. Notice and disclosure requirements with respect to lump sum windows. (c) Enforcement \nSection 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended— (1) in subsection (c)(1), by striking or section 105(a) and inserting , section 105(a), or section 112(a) ; and (2) in subsection (a)(4), by striking 105(c) and inserting section 105(c) or 112(a). (d) Effective date \nThe amendments made by subsections (a), (b), and (c) shall take effect on the date of enactment of this Act. (e) Regulatory authority \nNot later than 1 year after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Labor shall jointly issue regulations to implement section 112 of the Employee Retirement Income Security Act of 1974, as added by subsection (a). Such regulations shall require plan sponsors to comply in good faith with the regulations beginning not later than 1 year after issuance of a final rule with respect to subsections (a)(1) and (b) of such section 112, and beginning not later than 6 months after issuance of a final rule with respect to subsections (a)(2), (c), (d), and (e) of such section 112.",
"id": "id32B0598AD56548659A31637A63F74476",
"header": "Notice and disclosure requirements with respect to lump sum windows"
},
{
"text": "112. Notice and disclosure requirements with respect to lump sum windows \n(a) In general \nA plan sponsor of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum under clause (i) of section 401(a)(9)(A)(i) of the Internal Revenue Code of 1986, instead of future monthly payments under clause (ii) of such section, shall provide notice— (1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and (2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum. (b) Notice to participants and beneficiaries \n(1) Content \nThe notice required under subsection (a)(1) shall include the following: (A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986), the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option. (B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (C) In a manner consistent with the manner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— (i) the single life annuity, (or other standard form of benefit); and (ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); (D) Whether it would be possible to replicate the plan’s stream of payments by purchasing a comparable retail annuity using the lump sum. (E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaranteed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost. (F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer. (G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election. (H) Contact information for the point of contact at the plan sponsor for participants and beneficiaries to get more information or ask questions about the options. (2) Plain language \nThe notice under this subsection shall be written in a manner calculated to be understood by the average plan participant. (3) Model notice \nThe Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (2). (c) Notice to the Secretary and Pension Benefit Guaranty Corporation \nThe notice required under subsection (a)(2) shall include the following: (1) The total number of participants and beneficiaries eligible for such lump sum option. (2) The length of the limited period during which the lump sum is offered. (3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (4) A sample of the notice provided to participants and beneficiaries under subsection (b). (d) Post-Offer report to the Secretary and Pension Benefit Guaranty Corporation \nNot later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer to convert their annuity into a lump sum as generally permitted under section 401(a)(9) of the Internal Revenue Code of 1986, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require. (e) Public availability \nThe Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d)(1) publicly available in a form that protects the confidentiality of the information provided. (f) Guidance and regulations \nThe Secretary— (1) not later than 180 days after the date of enactment of this section, shall issue guidance and model notices for plan sponsors to use in providing the notice described in subsection (b); and (2) may promulgate such other regulations as may be necessary to carry out this section. (g) Biannual report \nNot later than 6 months after the date of enactment of this section and every 6 months thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d), the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period.",
"id": "id0676123641F24CFB820DD566001535A5",
"header": "Notice and disclosure requirements with respect to lump sum windows"
}
] | 3 | 1. Short title
This Act may be cited as the Information Needed for Financial Options Risk Mitigation Act or the INFORM Act. 2. Notice and disclosure requirements with respect to lump sum windows
(a) In general
Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended by adding at the end the following: 112. Notice and disclosure requirements with respect to lump sum windows
(a) In general
A plan sponsor of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum under clause (i) of section 401(a)(9)(A)(i) of the Internal Revenue Code of 1986, instead of future monthly payments under clause (ii) of such section, shall provide notice— (1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and (2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum. (b) Notice to participants and beneficiaries
(1) Content
The notice required under subsection (a)(1) shall include the following: (A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986), the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option. (B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (C) In a manner consistent with the manner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— (i) the single life annuity, (or other standard form of benefit); and (ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); (D) Whether it would be possible to replicate the plan’s stream of payments by purchasing a comparable retail annuity using the lump sum. (E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaranteed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost. (F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer. (G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election. (H) Contact information for the point of contact at the plan sponsor for participants and beneficiaries to get more information or ask questions about the options. (2) Plain language
The notice under this subsection shall be written in a manner calculated to be understood by the average plan participant. (3) Model notice
The Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (2). (c) Notice to the Secretary and Pension Benefit Guaranty Corporation
The notice required under subsection (a)(2) shall include the following: (1) The total number of participants and beneficiaries eligible for such lump sum option. (2) The length of the limited period during which the lump sum is offered. (3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (4) A sample of the notice provided to participants and beneficiaries under subsection (b). (d) Post-Offer report to the Secretary and Pension Benefit Guaranty Corporation
Not later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer to convert their annuity into a lump sum as generally permitted under section 401(a)(9) of the Internal Revenue Code of 1986, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require. (e) Public availability
The Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d)(1) publicly available in a form that protects the confidentiality of the information provided. (f) Guidance and regulations
The Secretary— (1) not later than 180 days after the date of enactment of this section, shall issue guidance and model notices for plan sponsors to use in providing the notice described in subsection (b); and (2) may promulgate such other regulations as may be necessary to carry out this section. (g) Biannual report
Not later than 6 months after the date of enactment of this section and every 6 months thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d), the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period.. (b) Clerical amendment
The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 111 the following new item: Sec. 112. Notice and disclosure requirements with respect to lump sum windows. (c) Enforcement
Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended— (1) in subsection (c)(1), by striking or section 105(a) and inserting , section 105(a), or section 112(a) ; and (2) in subsection (a)(4), by striking 105(c) and inserting section 105(c) or 112(a). (d) Effective date
The amendments made by subsections (a), (b), and (c) shall take effect on the date of enactment of this Act. (e) Regulatory authority
Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Labor shall jointly issue regulations to implement section 112 of the Employee Retirement Income Security Act of 1974, as added by subsection (a). Such regulations shall require plan sponsors to comply in good faith with the regulations beginning not later than 1 year after issuance of a final rule with respect to subsections (a)(1) and (b) of such section 112, and beginning not later than 6 months after issuance of a final rule with respect to subsections (a)(2), (c), (d), and (e) of such section 112. 112. Notice and disclosure requirements with respect to lump sum windows
(a) In general
A plan sponsor of a pension plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum under clause (i) of section 401(a)(9)(A)(i) of the Internal Revenue Code of 1986, instead of future monthly payments under clause (ii) of such section, shall provide notice— (1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and (2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum. (b) Notice to participants and beneficiaries
(1) Content
The notice required under subsection (a)(1) shall include the following: (A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986), the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option. (B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (C) In a manner consistent with the manner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— (i) the single life annuity, (or other standard form of benefit); and (ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); (D) Whether it would be possible to replicate the plan’s stream of payments by purchasing a comparable retail annuity using the lump sum. (E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaranteed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost. (F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer. (G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election. (H) Contact information for the point of contact at the plan sponsor for participants and beneficiaries to get more information or ask questions about the options. (2) Plain language
The notice under this subsection shall be written in a manner calculated to be understood by the average plan participant. (3) Model notice
The Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (2). (c) Notice to the Secretary and Pension Benefit Guaranty Corporation
The notice required under subsection (a)(2) shall include the following: (1) The total number of participants and beneficiaries eligible for such lump sum option. (2) The length of the limited period during which the lump sum is offered. (3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies. (4) A sample of the notice provided to participants and beneficiaries under subsection (b). (d) Post-Offer report to the Secretary and Pension Benefit Guaranty Corporation
Not later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer to convert their annuity into a lump sum as generally permitted under section 401(a)(9) of the Internal Revenue Code of 1986, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require. (e) Public availability
The Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d)(1) publicly available in a form that protects the confidentiality of the information provided. (f) Guidance and regulations
The Secretary— (1) not later than 180 days after the date of enactment of this section, shall issue guidance and model notices for plan sponsors to use in providing the notice described in subsection (b); and (2) may promulgate such other regulations as may be necessary to carry out this section. (g) Biannual report
Not later than 6 months after the date of enactment of this section and every 6 months thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d), the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period. | 13,737 |
117s4024is | 117 | s | 4,024 | is | To amend the Internal Revenue Code of 1986 to extend the exemption from the retirement plan early withdrawal penalty for public safety officers to State and local government corrections employees. | [
{
"text": "1. Short title \nThis Act may be cited as the State and Local Corrections Officer Retirement Fairness Act of 2022.",
"id": "idd206513bf59148f682d22a3250b62e4b",
"header": "Short title"
},
{
"text": "2. Exemption from early withdrawal penalty for certain State and local government corrections employees \n(a) In general \nClause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986 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 \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.",
"id": "idB39EF1ABD0954845B9CED730C8A65748",
"header": "Exemption from early withdrawal penalty for certain State and local government corrections employees"
}
] | 2 | 1. Short title
This Act may be cited as the State and Local Corrections Officer Retirement Fairness Act of 2022. 2. Exemption from early withdrawal penalty for certain State and local government corrections employees
(a) In general
Clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986 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 taxable years beginning after the date of the enactment of this Act. | 679 |
117s5120is | 117 | s | 5,120 | is | To amend the Second Chance Act of 2007 to require identification for returning citizens, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the New Pathways Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Identification for returning citizens \nSection 231(b) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(b) ) is amended to read as follows: (b) Identification and release assistance for Federal prisoners \n(1) Definitions \nIn this subsection— (A) the term community confinement means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility; (B) the term direct-release prisoner means a prisoner who is scheduled for release and will not be placed in prerelease custody; (C) the term noncitizen covered individual — (i) means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who— (I) is lawfully present and eligible for employment authorization in the United States; and (II) has a document demonstrating that the individual will have a place of residence upon release; and (ii) includes an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )), a refugee (as defined in that section of that Act), and an asylee; and (D) the term United States citizen covered individual means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who has— (i) a social security card; (ii) a document described in paragraph (2)(B)(ii) as proof of United States citizenship; and (iii) a document demonstrating that the individual will have a place of residence upon release. (2) Obtaining identification for United States citizens \n(A) In general \nWith respect to a United States citizen covered individual, the Director shall provide a photo identification card, which shall comply with the minimum requirements described in section 202(b) of the REAL ID Act of 2005 ( 49 U.S.C. 30301 note), prior to— (i) the release of the United States citizen covered individual from a term of imprisonment in a Federal prison; or (ii) the release of the United States citizen covered individual from a sentence to a term in community confinement. (B) Assistance in obtaining documents \n(i) In general \nSubject to clause (iii), for the purpose of issuing an identification card under this subsection, the Director shall obtain, on behalf of United States citizen covered individuals— (I) a social security card; and (II) a document described in clause (ii) as proof of United States citizenship. (ii) Proof of United States citizenship \nA document described in this clause is— (I) a United States passport; (II) an original or certified copy of a birth certificate that indicates that the individual was born in the United States or a territory of the United States; (III) in the case of a United States citizen born inside the United States for whom a document described in subclause (I) or (II) is not available, any document described in subsection (a), (b), or (c) of section 435.407 of title 42, Code of Federal Regulations, or any successor thereto; or (IV) in the case of a United States citizen born outside the United States, an original or certified copy of— (aa) a certificate of naturalization (Form N–550 or N–570); (bb) a consular report of birth abroad (Form FS–240); (cc) a certification of birth abroad (Form FS–545); (dd) a certification of report of birth (Form DS–1350); or (ee) a certificate of citizenship (Form N–560). (iii) Exceptions \n(I) Lack of response from Federal or State agency \nIf the Director cannot obtain a copy of a document required under clause (i) because of inaction by the Federal or State agency from which the document was requested, the Director shall provide to the United States citizen covered individual— (aa) a written statement that explains what steps the Director took in trying to obtain the document; and (bb) any documents transmitted to the Director by the Federal or State agency in response to the request for the document. (II) Lack of authorization from United States citizen covered individual \nIf the Director cannot obtain a copy of a document required under clause (i) because the United States citizen covered individual does not provide the authorization required to obtain the document, the Director shall provide a written statement to the United States citizen covered individual that explains why the document was not obtained. (C) Provision of documents \nUpon issuance of an identification card to a covered individual under this paragraph, the Director shall provide all documents obtained for the United States citizen covered individual under subparagraph (B). (3) Obtaining documents for noncitizens \n(A) In general \nWith respect to a noncitizen covered individual, the Director shall assist in obtaining from the Director of the U.S. Citizenship and Immigration Services— (i) proof of lawful status in the United States of the noncitizen covered individual; and (ii) in the case of a noncitizen covered individual who is not admitted for lawful permanent residence, an employment authorization document. (B) Assistance \nThe assistance provided by the Director under subparagraph (A) shall include— (i) providing the noncitizen covered individual with applicable U.S. Citizenship and Immigration Services forms and instructions; and (ii) assisting the noncitizen covered individual in completing and submitting such forms, together with any required supporting documentation. (C) Provision of documents \nUpon receipt of a document for a noncitizen covered individual under this paragraph, the Director shall provide such document to the noncitizen covered individual. (4) Assistance developing release plan \nAt the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan..",
"id": "idB112543F25F24696A4B85318AF5E8F64",
"header": "Identification for returning citizens"
}
] | 2 | 1. Short title
This Act may be cited as the New Pathways Act. 2. Identification for returning citizens
Section 231(b) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(b) ) is amended to read as follows: (b) Identification and release assistance for Federal prisoners
(1) Definitions
In this subsection— (A) the term community confinement means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility; (B) the term direct-release prisoner means a prisoner who is scheduled for release and will not be placed in prerelease custody; (C) the term noncitizen covered individual — (i) means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who— (I) is lawfully present and eligible for employment authorization in the United States; and (II) has a document demonstrating that the individual will have a place of residence upon release; and (ii) includes an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )), a refugee (as defined in that section of that Act), and an asylee; and (D) the term United States citizen covered individual means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who has— (i) a social security card; (ii) a document described in paragraph (2)(B)(ii) as proof of United States citizenship; and (iii) a document demonstrating that the individual will have a place of residence upon release. (2) Obtaining identification for United States citizens
(A) In general
With respect to a United States citizen covered individual, the Director shall provide a photo identification card, which shall comply with the minimum requirements described in section 202(b) of the REAL ID Act of 2005 ( 49 U.S.C. 30301 note), prior to— (i) the release of the United States citizen covered individual from a term of imprisonment in a Federal prison; or (ii) the release of the United States citizen covered individual from a sentence to a term in community confinement. (B) Assistance in obtaining documents
(i) In general
Subject to clause (iii), for the purpose of issuing an identification card under this subsection, the Director shall obtain, on behalf of United States citizen covered individuals— (I) a social security card; and (II) a document described in clause (ii) as proof of United States citizenship. (ii) Proof of United States citizenship
A document described in this clause is— (I) a United States passport; (II) an original or certified copy of a birth certificate that indicates that the individual was born in the United States or a territory of the United States; (III) in the case of a United States citizen born inside the United States for whom a document described in subclause (I) or (II) is not available, any document described in subsection (a), (b), or (c) of section 435.407 of title 42, Code of Federal Regulations, or any successor thereto; or (IV) in the case of a United States citizen born outside the United States, an original or certified copy of— (aa) a certificate of naturalization (Form N–550 or N–570); (bb) a consular report of birth abroad (Form FS–240); (cc) a certification of birth abroad (Form FS–545); (dd) a certification of report of birth (Form DS–1350); or (ee) a certificate of citizenship (Form N–560). (iii) Exceptions
(I) Lack of response from Federal or State agency
If the Director cannot obtain a copy of a document required under clause (i) because of inaction by the Federal or State agency from which the document was requested, the Director shall provide to the United States citizen covered individual— (aa) a written statement that explains what steps the Director took in trying to obtain the document; and (bb) any documents transmitted to the Director by the Federal or State agency in response to the request for the document. (II) Lack of authorization from United States citizen covered individual
If the Director cannot obtain a copy of a document required under clause (i) because the United States citizen covered individual does not provide the authorization required to obtain the document, the Director shall provide a written statement to the United States citizen covered individual that explains why the document was not obtained. (C) Provision of documents
Upon issuance of an identification card to a covered individual under this paragraph, the Director shall provide all documents obtained for the United States citizen covered individual under subparagraph (B). (3) Obtaining documents for noncitizens
(A) In general
With respect to a noncitizen covered individual, the Director shall assist in obtaining from the Director of the U.S. Citizenship and Immigration Services— (i) proof of lawful status in the United States of the noncitizen covered individual; and (ii) in the case of a noncitizen covered individual who is not admitted for lawful permanent residence, an employment authorization document. (B) Assistance
The assistance provided by the Director under subparagraph (A) shall include— (i) providing the noncitizen covered individual with applicable U.S. Citizenship and Immigration Services forms and instructions; and (ii) assisting the noncitizen covered individual in completing and submitting such forms, together with any required supporting documentation. (C) Provision of documents
Upon receipt of a document for a noncitizen covered individual under this paragraph, the Director shall provide such document to the noncitizen covered individual. (4) Assistance developing release plan
At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan.. | 5,908 |
117s3929is | 117 | s | 3,929 | is | To provide for disadvantaged business enterprise supportive services programs at modal administrations of the Department of Transportation, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Disadvantaged Business Enterprise Supportive Services Expansion Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Increase cap for Federal Highway Administration disadvantaged business enterprise supportive services program \n(a) In general \nSection 140(c) of title 23, United States Code, is amended, in the second sentence, by striking $10,000,000 and inserting $25,000,000. (b) Conforming amendment \nSection 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: (A) $505,964,697 for fiscal year 2022; (B) $515,783,991 for fiscal year 2023; (C) $525,799,671 for fiscal year 2024; (D) $536,015,664 for fiscal year 2025; and (E) $546,435,977 for fiscal year 2026..",
"id": "id10d59d0b67af48f9a844e622d76b2574",
"header": "Increase cap for Federal Highway Administration disadvantaged business enterprise supportive services program"
},
{
"text": "3. Federal Transit Administration disadvantaged business enterprise supportive services program \n(a) In general \nSection 5332 of title 49, United States Code, is amended by adding at the end the following: (g) Disadvantaged business enterprise supportive services program \n(1) In general \nThe Secretary, in cooperation with other Federal agencies, State agencies, authorities, associations, institutions, Tribal governments, for profit or nonprofit corporations, and any other organizations or persons, may develop, conduct, and administer training programs and assistance programs in connection with any program under this chapter so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. (2) Funding \nOf the amounts made available to carry out section 5314, the Secretary shall use not more than $5,000,000 for each fiscal year to carry out this subsection. (3) Nonapplicability of certain provisions \nNotwithstanding section 3106 of title 41, section 6101 of that title shall not be applicable to contracts and agreements entered into pursuant to paragraph (1).. (b) Funding \nSection 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking subparagraphs (B) through (E) and inserting the following: (B) $13,639,000,000 for fiscal year 2023; (C) $13,995,000,000 for fiscal year 2024; (D) $14,284,000,000 for fiscal year 2025; and (E) $14,647,000,000 for fiscal year 2026. ; and (2) in paragraph (2)(H), by striking $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 and inserting $17,088,846 for fiscal year 2023, $17,404,500 for fiscal year 2024, $17,660,748 for fiscal year 2025, and $17,982,608 for fiscal year 2026.",
"id": "id297d99d4d9784626bcb339ddf2cefe5d",
"header": "Federal Transit Administration disadvantaged business enterprise supportive services program"
},
{
"text": "4. Federal Aviation Administration socially and economically disadvantaged business participation supportive services program \n(a) In general \nSection 47113 of title 49, United States Code, is amended by adding at the end the following: (f) Socially and economically disadvantaged business participation supportive services program \n(1) In general \nThe Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may make agreements to provide assistance to an eligible entity described in paragraph (2) to develop, conduct, and administer training programs and assistance programs in connection with any project carried out under a grant agreement under this subchapter in order that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts related to such projects, and for Small Business Innovation Research contracts. (2) Eligible entities described \nAn eligible entity described in this paragraph is any of the following: (A) A State or territory. (B) A political subdivision of a State or local government. (C) A Tribal government. (D) A special purpose district or public authority with an aviation function. (E) A port authority. (F) A metropolitan planning organization. (G) A group of entities described in any of subparagraphs (A) through (F). (H) Any other profit or non-profit organization or group of organizations deemed appropriate by the Secretary. (3) Funding \nFrom amounts available in the Airport and Airways Trust Fund established under section 9502 of the Internal Revenue Code of 1986, the Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may use such sums as necessary, not to exceed $5,000,000 per fiscal year, for the administration of this subsection.. (b) Expenditure authority from airport and airway trust fund \nSection 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting or section 47113(f) of title 49, United States Code before the semicolon at the end.",
"id": "id4e3131b90c3c405b977060999ca235e5",
"header": "Federal Aviation Administration socially and economically disadvantaged business participation supportive services program"
}
] | 4 | 1. Short title
This Act may be cited as the Disadvantaged Business Enterprise Supportive Services Expansion Act. 2. Increase cap for Federal Highway Administration disadvantaged business enterprise supportive services program
(a) In general
Section 140(c) of title 23, United States Code, is amended, in the second sentence, by striking $10,000,000 and inserting $25,000,000. (b) Conforming amendment
Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: (A) $505,964,697 for fiscal year 2022; (B) $515,783,991 for fiscal year 2023; (C) $525,799,671 for fiscal year 2024; (D) $536,015,664 for fiscal year 2025; and (E) $546,435,977 for fiscal year 2026.. 3. Federal Transit Administration disadvantaged business enterprise supportive services program
(a) In general
Section 5332 of title 49, United States Code, is amended by adding at the end the following: (g) Disadvantaged business enterprise supportive services program
(1) In general
The Secretary, in cooperation with other Federal agencies, State agencies, authorities, associations, institutions, Tribal governments, for profit or nonprofit corporations, and any other organizations or persons, may develop, conduct, and administer training programs and assistance programs in connection with any program under this chapter so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. (2) Funding
Of the amounts made available to carry out section 5314, the Secretary shall use not more than $5,000,000 for each fiscal year to carry out this subsection. (3) Nonapplicability of certain provisions
Notwithstanding section 3106 of title 41, section 6101 of that title shall not be applicable to contracts and agreements entered into pursuant to paragraph (1).. (b) Funding
Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking subparagraphs (B) through (E) and inserting the following: (B) $13,639,000,000 for fiscal year 2023; (C) $13,995,000,000 for fiscal year 2024; (D) $14,284,000,000 for fiscal year 2025; and (E) $14,647,000,000 for fiscal year 2026. ; and (2) in paragraph (2)(H), by striking $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 and inserting $17,088,846 for fiscal year 2023, $17,404,500 for fiscal year 2024, $17,660,748 for fiscal year 2025, and $17,982,608 for fiscal year 2026. 4. Federal Aviation Administration socially and economically disadvantaged business participation supportive services program
(a) In general
Section 47113 of title 49, United States Code, is amended by adding at the end the following: (f) Socially and economically disadvantaged business participation supportive services program
(1) In general
The Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may make agreements to provide assistance to an eligible entity described in paragraph (2) to develop, conduct, and administer training programs and assistance programs in connection with any project carried out under a grant agreement under this subchapter in order that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts related to such projects, and for Small Business Innovation Research contracts. (2) Eligible entities described
An eligible entity described in this paragraph is any of the following: (A) A State or territory. (B) A political subdivision of a State or local government. (C) A Tribal government. (D) A special purpose district or public authority with an aviation function. (E) A port authority. (F) A metropolitan planning organization. (G) A group of entities described in any of subparagraphs (A) through (F). (H) Any other profit or non-profit organization or group of organizations deemed appropriate by the Secretary. (3) Funding
From amounts available in the Airport and Airways Trust Fund established under section 9502 of the Internal Revenue Code of 1986, the Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may use such sums as necessary, not to exceed $5,000,000 per fiscal year, for the administration of this subsection.. (b) Expenditure authority from airport and airway trust fund
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting or section 47113(f) of title 49, United States Code before the semicolon at the end. | 4,803 |
117s2162is | 117 | s | 2,162 | is | To require the Small Business Administration to publish loan default rates by franchise brand, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the SBA Franchise Loan Default Disclosure Act.",
"id": "H0C5F414A795F43DAAC264D172EF35839",
"header": "Short title"
},
{
"text": "2. Publication of default rates by franchise brand \n(a) Definitions \nIn this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term franchise has the meaning given the term in section 436.1 of title 16, Code of Federal Regulations, as in effect on July 1, 2007. (b) Publication of default rates \nThe Administrator shall publish and update on a quarterly basis loan default rates by franchise brand during the preceding 10-year period on the website of the Administration in a manner that is publicly accessible and linked to the Franchise Directory of the Administration.",
"id": "id7C6504F04A144B9A8B33A8B8A10239CA",
"header": "Publication of default rates by franchise brand"
}
] | 2 | 1. Short title
This Act may be cited as the SBA Franchise Loan Default Disclosure Act. 2. Publication of default rates by franchise brand
(a) Definitions
In this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term franchise has the meaning given the term in section 436.1 of title 16, Code of Federal Regulations, as in effect on July 1, 2007. (b) Publication of default rates
The Administrator shall publish and update on a quarterly basis loan default rates by franchise brand during the preceding 10-year period on the website of the Administration in a manner that is publicly accessible and linked to the Franchise Directory of the Administration. | 761 |
117s2365is | 117 | s | 2,365 | is | To amend title 49, United States Code, to modify the Government share of the cost of certain planning activities, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Local Transit Planning Support Act.",
"id": "idd0ab609c78374944a521a096ef009835",
"header": "Short title"
},
{
"text": "2. Planning programs \nSection 5305 of title 49, United States Code, is amended by striking subsection (f) and inserting the following: (f) Government share of costs \n(1) In general \nExcept as provided in paragraph (2)(A), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government— (A) not to require a State or local match; or (B) to allow a Government share greater than 80 percent. (2) Certain activities \n(A) In general \nThe Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to— (i) the applicable urbanized area; (ii) the applicable rural area; (iii) an adjoining urbanized area; or (iv) an adjoining rural area. (B) Report \nA State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels..",
"id": "id0380E870D3BC43898F4F0F881C033581",
"header": "Planning programs"
}
] | 2 | 1. Short title
This Act may be cited as the Local Transit Planning Support Act. 2. Planning programs
Section 5305 of title 49, United States Code, is amended by striking subsection (f) and inserting the following: (f) Government share of costs
(1) In general
Except as provided in paragraph (2)(A), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government— (A) not to require a State or local match; or (B) to allow a Government share greater than 80 percent. (2) Certain activities
(A) In general
The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to— (i) the applicable urbanized area; (ii) the applicable rural area; (iii) an adjoining urbanized area; or (iv) an adjoining rural area. (B) Report
A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.. | 1,622 |
117s1189is | 117 | s | 1,189 | is | To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a competitive grant program under which the Secretary of Agriculture provides grants to land-grant colleges and universities to support agricultural producers in adopting conservation and innovative climate practices, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Conservation and Innovative Climate Partnership Act of 2021.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Conservation and innovative climate partnership competitive grant program \n(a) In general \nSubtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672 ( 7 U.S.C. 5925 ) the following: 1672A. Conservation and innovative climate partnership competitive grant program \n(a) Definitions \nIn this section: (1) 1862 Institution; 1890 Institution \nThe terms 1862 Institution and 1890 Institution have the meanings given those terms in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 ). (2) 1994 Institution \nThe term 1994 Institution has the meaning given the term in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ). (3) Conservation practice \nThe term conservation practice means a practice— (A) that may include any or a combination of— (i) carbon retention or carbon sequestration cropping practices; (ii) resource conserving crop rotation; (iii) alley cropping; (iv) integrated livestock-crop systems; (v) advanced grazing management; (vi) improved forestry or agroforestry management; (vii) the insertion of buffers or saturated buffers; or (viii) any other practice that an eligible institution carrying out a project under the program determines to be appropriate; and (B) the purpose of which is to increase overall sustainability on farmland or ranch land through— (i) improved soil health and tilth; (ii) improved water quality, quantity, and management; (iii) improved nutrient management; (iv) reduction in tillage; or (v) wildlife promotion and maintenance. (4) Eligible institution \nThe term eligible institution means— (A) an 1862 Institution; (B) an 1890 Institution; and (C) a 1994 Institution. (5) Innovative climate practice \nThe term innovative climate practice means a practice, including any practice that an eligible institution carrying out a project under the program determines to be appropriate, that results in— (A) a reduction of greenhouse gas emissions, including carbon dioxide, methane, sulfur dioxide, and nitrous oxide; (B) carbon sequestration; (C) soil health improvement; or (D) reduced exposure to climate-related risk. (6) Program \nThe term program means the competitive grant program established under subsection (b). (7) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Establishment \nThe Secretary shall establish a program to provide competitive grants pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) to eligible institutions to carry out projects to increase the voluntary adoption of conservation practices and innovative climate practices through public awareness campaigns, workshops, and specialized technical assistance. (c) Applications \nTo be eligible to receive a grant under the program, an eligible institution shall submit to the Secretary an application, including a demonstration that the applicant will— (1) increase interaction with local agricultural producers by a rate of not less than 25 percent above the outreach rate before the implementation of the project under the program; (2) assist agricultural producers in implementing new conservation practices or innovative climate practices on farms or edges of fields, improving existing conservation practices or innovative climate practices on farms or edges of fields, or any combination thereof; and (3) assist agricultural producers in implementing a combination of conservation practices or innovative climate practices that contribute to— (A) the overall improvement of conservation; or (B) a decrease in, or sequestration of, greenhouse gas emissions. (d) Partnerships \nAn eligible institution shall carry out a project using a grant under the program in partnership with not fewer than 1 other entity, which may include— (1) a nonprofit organization; (2) a State entity; (3) the Natural Resources Conservation Service; (4) an 1862 Institution; (5) an 1890 Institution; (6) a 1994 Institution; or (7) any combination thereof. (e) Maximum amount \nThe amount of a grant under the program shall be not more than $400,000. (f) Use of funds \nAn eligible institution may use a grant under the program— (1) to support agricultural producers in implementing a conservation practice or an innovative climate practice; (2) subject to subsection (g), for additional staffing at the eligible institution to assist in carrying out a project using the grant; (3) to conduct workshops for agricultural producers, and develop and distribute digital and hard-copy materials directly to agricultural producers, that provide clear directions for accessing technical assistance for adopting conservation practices and innovative climate practices; and (4) for soil testing and the measuring of other indicators of the effectiveness of conservation practices and innovative climate practices. (g) Limitation on administrative expenses \nAn eligible institution may use not more than 30 percent of the amount of a grant under the program for administrative expenses. (h) Duration \nA grant provided under the program shall be for such period as the Secretary determines to be appropriate, but not less than 4 years. (i) Authorization of appropriations \nThere is authorized to be appropriated to provide grants under the program pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) $13,000,000 for each fiscal year.. (b) Eligibility of 1994 Institutions \nSection 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) is amended, in the third sentence— (1) by striking program and and inserting program, ; and (2) by inserting , and the conservation and innovative climate partnership competitive grant program established under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990 before the period at the end.",
"id": "id589A041FBABD42659A23C0AD6F71C9AE",
"header": "Conservation and innovative climate partnership competitive grant program"
},
{
"text": "1672A. Conservation and innovative climate partnership competitive grant program \n(a) Definitions \nIn this section: (1) 1862 Institution; 1890 Institution \nThe terms 1862 Institution and 1890 Institution have the meanings given those terms in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 ). (2) 1994 Institution \nThe term 1994 Institution has the meaning given the term in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ). (3) Conservation practice \nThe term conservation practice means a practice— (A) that may include any or a combination of— (i) carbon retention or carbon sequestration cropping practices; (ii) resource conserving crop rotation; (iii) alley cropping; (iv) integrated livestock-crop systems; (v) advanced grazing management; (vi) improved forestry or agroforestry management; (vii) the insertion of buffers or saturated buffers; or (viii) any other practice that an eligible institution carrying out a project under the program determines to be appropriate; and (B) the purpose of which is to increase overall sustainability on farmland or ranch land through— (i) improved soil health and tilth; (ii) improved water quality, quantity, and management; (iii) improved nutrient management; (iv) reduction in tillage; or (v) wildlife promotion and maintenance. (4) Eligible institution \nThe term eligible institution means— (A) an 1862 Institution; (B) an 1890 Institution; and (C) a 1994 Institution. (5) Innovative climate practice \nThe term innovative climate practice means a practice, including any practice that an eligible institution carrying out a project under the program determines to be appropriate, that results in— (A) a reduction of greenhouse gas emissions, including carbon dioxide, methane, sulfur dioxide, and nitrous oxide; (B) carbon sequestration; (C) soil health improvement; or (D) reduced exposure to climate-related risk. (6) Program \nThe term program means the competitive grant program established under subsection (b). (7) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Establishment \nThe Secretary shall establish a program to provide competitive grants pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) to eligible institutions to carry out projects to increase the voluntary adoption of conservation practices and innovative climate practices through public awareness campaigns, workshops, and specialized technical assistance. (c) Applications \nTo be eligible to receive a grant under the program, an eligible institution shall submit to the Secretary an application, including a demonstration that the applicant will— (1) increase interaction with local agricultural producers by a rate of not less than 25 percent above the outreach rate before the implementation of the project under the program; (2) assist agricultural producers in implementing new conservation practices or innovative climate practices on farms or edges of fields, improving existing conservation practices or innovative climate practices on farms or edges of fields, or any combination thereof; and (3) assist agricultural producers in implementing a combination of conservation practices or innovative climate practices that contribute to— (A) the overall improvement of conservation; or (B) a decrease in, or sequestration of, greenhouse gas emissions. (d) Partnerships \nAn eligible institution shall carry out a project using a grant under the program in partnership with not fewer than 1 other entity, which may include— (1) a nonprofit organization; (2) a State entity; (3) the Natural Resources Conservation Service; (4) an 1862 Institution; (5) an 1890 Institution; (6) a 1994 Institution; or (7) any combination thereof. (e) Maximum amount \nThe amount of a grant under the program shall be not more than $400,000. (f) Use of funds \nAn eligible institution may use a grant under the program— (1) to support agricultural producers in implementing a conservation practice or an innovative climate practice; (2) subject to subsection (g), for additional staffing at the eligible institution to assist in carrying out a project using the grant; (3) to conduct workshops for agricultural producers, and develop and distribute digital and hard-copy materials directly to agricultural producers, that provide clear directions for accessing technical assistance for adopting conservation practices and innovative climate practices; and (4) for soil testing and the measuring of other indicators of the effectiveness of conservation practices and innovative climate practices. (g) Limitation on administrative expenses \nAn eligible institution may use not more than 30 percent of the amount of a grant under the program for administrative expenses. (h) Duration \nA grant provided under the program shall be for such period as the Secretary determines to be appropriate, but not less than 4 years. (i) Authorization of appropriations \nThere is authorized to be appropriated to provide grants under the program pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) $13,000,000 for each fiscal year.",
"id": "id18FCFC9176624123920DC407A915D52B",
"header": "Conservation and innovative climate partnership competitive grant program"
}
] | 3 | 1. Short title
This Act may be cited as the Conservation and Innovative Climate Partnership Act of 2021. 2. Conservation and innovative climate partnership competitive grant program
(a) In general
Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672 ( 7 U.S.C. 5925 ) the following: 1672A. Conservation and innovative climate partnership competitive grant program
(a) Definitions
In this section: (1) 1862 Institution; 1890 Institution
The terms 1862 Institution and 1890 Institution have the meanings given those terms in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 ). (2) 1994 Institution
The term 1994 Institution has the meaning given the term in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ). (3) Conservation practice
The term conservation practice means a practice— (A) that may include any or a combination of— (i) carbon retention or carbon sequestration cropping practices; (ii) resource conserving crop rotation; (iii) alley cropping; (iv) integrated livestock-crop systems; (v) advanced grazing management; (vi) improved forestry or agroforestry management; (vii) the insertion of buffers or saturated buffers; or (viii) any other practice that an eligible institution carrying out a project under the program determines to be appropriate; and (B) the purpose of which is to increase overall sustainability on farmland or ranch land through— (i) improved soil health and tilth; (ii) improved water quality, quantity, and management; (iii) improved nutrient management; (iv) reduction in tillage; or (v) wildlife promotion and maintenance. (4) Eligible institution
The term eligible institution means— (A) an 1862 Institution; (B) an 1890 Institution; and (C) a 1994 Institution. (5) Innovative climate practice
The term innovative climate practice means a practice, including any practice that an eligible institution carrying out a project under the program determines to be appropriate, that results in— (A) a reduction of greenhouse gas emissions, including carbon dioxide, methane, sulfur dioxide, and nitrous oxide; (B) carbon sequestration; (C) soil health improvement; or (D) reduced exposure to climate-related risk. (6) Program
The term program means the competitive grant program established under subsection (b). (7) Secretary
The term Secretary means the Secretary of Agriculture. (b) Establishment
The Secretary shall establish a program to provide competitive grants pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) to eligible institutions to carry out projects to increase the voluntary adoption of conservation practices and innovative climate practices through public awareness campaigns, workshops, and specialized technical assistance. (c) Applications
To be eligible to receive a grant under the program, an eligible institution shall submit to the Secretary an application, including a demonstration that the applicant will— (1) increase interaction with local agricultural producers by a rate of not less than 25 percent above the outreach rate before the implementation of the project under the program; (2) assist agricultural producers in implementing new conservation practices or innovative climate practices on farms or edges of fields, improving existing conservation practices or innovative climate practices on farms or edges of fields, or any combination thereof; and (3) assist agricultural producers in implementing a combination of conservation practices or innovative climate practices that contribute to— (A) the overall improvement of conservation; or (B) a decrease in, or sequestration of, greenhouse gas emissions. (d) Partnerships
An eligible institution shall carry out a project using a grant under the program in partnership with not fewer than 1 other entity, which may include— (1) a nonprofit organization; (2) a State entity; (3) the Natural Resources Conservation Service; (4) an 1862 Institution; (5) an 1890 Institution; (6) a 1994 Institution; or (7) any combination thereof. (e) Maximum amount
The amount of a grant under the program shall be not more than $400,000. (f) Use of funds
An eligible institution may use a grant under the program— (1) to support agricultural producers in implementing a conservation practice or an innovative climate practice; (2) subject to subsection (g), for additional staffing at the eligible institution to assist in carrying out a project using the grant; (3) to conduct workshops for agricultural producers, and develop and distribute digital and hard-copy materials directly to agricultural producers, that provide clear directions for accessing technical assistance for adopting conservation practices and innovative climate practices; and (4) for soil testing and the measuring of other indicators of the effectiveness of conservation practices and innovative climate practices. (g) Limitation on administrative expenses
An eligible institution may use not more than 30 percent of the amount of a grant under the program for administrative expenses. (h) Duration
A grant provided under the program shall be for such period as the Secretary determines to be appropriate, but not less than 4 years. (i) Authorization of appropriations
There is authorized to be appropriated to provide grants under the program pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) $13,000,000 for each fiscal year.. (b) Eligibility of 1994 Institutions
Section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) is amended, in the third sentence— (1) by striking program and and inserting program, ; and (2) by inserting , and the conservation and innovative climate partnership competitive grant program established under section 1672A of the Food, Agriculture, Conservation, and Trade Act of 1990 before the period at the end. 1672A. Conservation and innovative climate partnership competitive grant program
(a) Definitions
In this section: (1) 1862 Institution; 1890 Institution
The terms 1862 Institution and 1890 Institution have the meanings given those terms in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 ). (2) 1994 Institution
The term 1994 Institution has the meaning given the term in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ). (3) Conservation practice
The term conservation practice means a practice— (A) that may include any or a combination of— (i) carbon retention or carbon sequestration cropping practices; (ii) resource conserving crop rotation; (iii) alley cropping; (iv) integrated livestock-crop systems; (v) advanced grazing management; (vi) improved forestry or agroforestry management; (vii) the insertion of buffers or saturated buffers; or (viii) any other practice that an eligible institution carrying out a project under the program determines to be appropriate; and (B) the purpose of which is to increase overall sustainability on farmland or ranch land through— (i) improved soil health and tilth; (ii) improved water quality, quantity, and management; (iii) improved nutrient management; (iv) reduction in tillage; or (v) wildlife promotion and maintenance. (4) Eligible institution
The term eligible institution means— (A) an 1862 Institution; (B) an 1890 Institution; and (C) a 1994 Institution. (5) Innovative climate practice
The term innovative climate practice means a practice, including any practice that an eligible institution carrying out a project under the program determines to be appropriate, that results in— (A) a reduction of greenhouse gas emissions, including carbon dioxide, methane, sulfur dioxide, and nitrous oxide; (B) carbon sequestration; (C) soil health improvement; or (D) reduced exposure to climate-related risk. (6) Program
The term program means the competitive grant program established under subsection (b). (7) Secretary
The term Secretary means the Secretary of Agriculture. (b) Establishment
The Secretary shall establish a program to provide competitive grants pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) to eligible institutions to carry out projects to increase the voluntary adoption of conservation practices and innovative climate practices through public awareness campaigns, workshops, and specialized technical assistance. (c) Applications
To be eligible to receive a grant under the program, an eligible institution shall submit to the Secretary an application, including a demonstration that the applicant will— (1) increase interaction with local agricultural producers by a rate of not less than 25 percent above the outreach rate before the implementation of the project under the program; (2) assist agricultural producers in implementing new conservation practices or innovative climate practices on farms or edges of fields, improving existing conservation practices or innovative climate practices on farms or edges of fields, or any combination thereof; and (3) assist agricultural producers in implementing a combination of conservation practices or innovative climate practices that contribute to— (A) the overall improvement of conservation; or (B) a decrease in, or sequestration of, greenhouse gas emissions. (d) Partnerships
An eligible institution shall carry out a project using a grant under the program in partnership with not fewer than 1 other entity, which may include— (1) a nonprofit organization; (2) a State entity; (3) the Natural Resources Conservation Service; (4) an 1862 Institution; (5) an 1890 Institution; (6) a 1994 Institution; or (7) any combination thereof. (e) Maximum amount
The amount of a grant under the program shall be not more than $400,000. (f) Use of funds
An eligible institution may use a grant under the program— (1) to support agricultural producers in implementing a conservation practice or an innovative climate practice; (2) subject to subsection (g), for additional staffing at the eligible institution to assist in carrying out a project using the grant; (3) to conduct workshops for agricultural producers, and develop and distribute digital and hard-copy materials directly to agricultural producers, that provide clear directions for accessing technical assistance for adopting conservation practices and innovative climate practices; and (4) for soil testing and the measuring of other indicators of the effectiveness of conservation practices and innovative climate practices. (g) Limitation on administrative expenses
An eligible institution may use not more than 30 percent of the amount of a grant under the program for administrative expenses. (h) Duration
A grant provided under the program shall be for such period as the Secretary determines to be appropriate, but not less than 4 years. (i) Authorization of appropriations
There is authorized to be appropriated to provide grants under the program pursuant to section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) ) $13,000,000 for each fiscal year. | 11,159 |
117s4542is | 117 | s | 4,542 | is | To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Dolores River National Conservation Area and Special Management Area Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Dolores River National Conservation Area Sec. 101. Establishment of Dolores River National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. Dolores River National Conservation Area Advisory Council. TITLE II—Dolores River Special Management Area Sec. 201. Designation of Dolores River Special Management Area. Sec. 202. Management of Special Management Area. TITLE III—Technical modifications to potential additions to National Wild and Scenic Rivers System Sec. 301. Purpose. Sec. 302. Release of Dolores River study area. Sec. 303. Applicability of continuing consideration provision. TITLE IV—General provisions Sec. 401. Management of covered land. Sec. 402. Protection of water rights and other interests. Sec. 403. Effect on private property and regulatory authority. Sec. 404. Tribal rights and traditional uses.",
"id": "S1",
"header": "Short title; table of contents"
},
{
"text": "2. Definitions \nIn this Act: (1) Conservation Area \nThe term Conservation Area means the Dolores River National Conservation Area established by section 101(a). (2) Council \nThe term Council means the Dolores River National Conservation Area Advisory Council established under section 103(a). (3) Covered land \nThe term covered land means— (A) the Conservation Area; and (B) the Special Management Area. (4) Dolores Project \nThe term Dolores Project has the meaning given the term in section 3 of the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2974). (5) Map \nThe term Map means the map prepared by the Bureau of Land Management entitled Proposed Dolores River National Conservation Area and Special Management Area and dated July 13, 2022. (6) Public land \nThe term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (7) Secretary \nThe term Secretary means— (A) in title I, the Secretary of the Interior; (B) in title II, the Secretary of Agriculture; and (C) in title IV— (i) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and (ii) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (8) Special Management Area \nThe term Special Management Area means the Dolores River Special Management Area established by section 201(a). (9) State \nThe term State means the State of Colorado. (10) Unreasonably diminish \nThe term unreasonably diminish is within the meaning of the term used in section 7(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278(a) ) and has the meaning of the term as applied in appendix D of the Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council entitled Wild & Scenic Rivers: Section 7 and dated October 2004. (11) Water resource project \nThe term water resource project means any dam, irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, and transmission and other ancillary facility, and other water diversion, storage, and carriage structure.",
"id": "idD697A57D99E54AC9B97081B2FD2C9797",
"header": "Definitions"
},
{
"text": "101. Establishment of Dolores River National Conservation Area \n(a) Establishment \n(1) In general \nSubject to valid existing rights, there is established the Dolores River National Conservation Area in the State. (2) Area included \nThe Conservation Area shall consist of approximately 53,187 acres of Bureau of Land Management land in the State, as generally depicted on the Map. (b) Purpose \nThe purpose of the Conservation Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Conservation Area. (c) Map and legal description \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect \nThe map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability \nA copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.",
"id": "ID801e5e4b1edf46309da608ffb95c4654",
"header": "Establishment of Dolores River National Conservation Area"
},
{
"text": "102. Management of Conservation Area \n(a) In general \nThe Secretary shall manage the Conservation Area in accordance with— (1) this Act; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) other applicable laws. (b) Uses \nSubject to the provisions of this Act, the Secretary shall allow only such uses of the Conservation Area as are consistent with the purpose described in section 101(b). (c) Management plan \n(1) Plan required \n(A) In general \nNot later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Conservation Area. (B) Review and revision \nThe management plan under subparagraph (A) shall, from time to time, be subject to review and revision, in accordance with— (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination \nThe Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of Agriculture, with respect to the development of the separate management plan for the Special Management Area, as described in section 202(c). (3) Recommendations \nIn preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights \nIn preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests \nAny land or interest in land located within the boundary of the Conservation Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Conservation Area; and (2) be managed as provided in this section. (e) Department of Energy leases \n(1) In general \nNothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area. (2) Management \n(A) In general \nSubject to subparagraph (B), land designated for the program described in paragraph (1) shall be— (i) exempt from section 401(b); and (ii) managed in a manner that allow the leases to fulfill the purposes of the program, consistent with the other provisions of this title and title IV. (B) Designation \nLand subject to a lease described in paragraph (1) shall be considered part of the Conservation Area and managed in accordance with other provisions of this title on a finding by the Secretary that— (i) (I) the lease has expired; and (II) the applicable lease tract has been removed from the leasing program by the Secretary of Energy; and (ii) the land that was subject to the lease is suitable for inclusion in the Conservation Area. (C) Effect \nNothing in subparagraph (B) prevents the Secretary of Energy from extending any lease described in paragraph (1).",
"id": "IDedb3c68240a44a03849cdf56322cbc12",
"header": "Management of Conservation Area"
},
{
"text": "103. Dolores River National Conservation Area Advisory Council \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dolores River National Conservation Area Advisory Council. (b) Duties \nThe Council shall advise— (1) the Secretary with respect to the preparation, implementation, and monitoring of the management plan prepared under section 102(c); and (2) the Secretary of Agriculture with respect to the preparation, implementation, and monitoring of the management plan prepared under section 202(c). (c) Applicable law \nThe Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) this Act. (d) Membership \n(1) In general \nThe Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 2 members shall represent agricultural water user interests in the Conservation Area or the Dolores River watershed, of whom 1 shall represent the Dolores Water Conservancy District; (B) 2 members shall represent conservation interests in the Conservation Area; (C) 2 members shall represent recreation interests in the Conservation Area, 1 of whom shall represent whitewater boating interests; (D) 1 member shall be a representative of Dolores County, Colorado; (E) 1 member shall be a representative of San Miguel County, Colorado; (F) 1 member shall be a representative of Montezuma County, Colorado; (G) 1 member shall be a private landowner that owns land in immediate proximity to the Conservation Area; (H) 1 member shall be a representative of Colorado Parks and Wildlife; (I) 1 member shall be a holder of a grazing-allotment permit in the Conservation Area; and (J) 1 member shall be a representative of the Ute Mountain Ute Tribe. (2) Representation \n(A) In general \nThe Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (B) Requirements \n(i) In general \nThe members of the Council described in subparagraphs (B) and (C) of paragraph (1) shall be residents that live within reasonable proximity to the Conservation Area. (ii) County representatives \nThe members of the Council described in subparagraphs (D) and (E) of paragraph (1) shall be— (I) residents of the respective counties referred to in those subparagraphs; and (II) capable of representing the interests of the applicable board of county commissioners. (e) Terms of office \n(1) In general \nThe term of office of a member of the Council shall be 5 years. (2) Reappointment \nA member may be reappointed to the Council on completion of the term of office of the member. (f) Compensation \nA member of the Council— (1) shall serve without compensation for service on the Council; but (2) may be reimbursed for qualified expenses of the member. (g) Chairperson \nThe Council shall elect a chairperson from among the members of the Council. (h) Meetings \n(1) In general \nThe Council shall meet at the call of the chairperson— (A) not less frequently than quarterly until the management plan under section 102(c) is developed; and (B) thereafter, at the call of the Secretary. (2) Public meetings \nEach meeting of the Council shall be open to the public. (3) Notice \nA notice of each meeting of the Council shall be published in advance of the meeting. (i) Technical assistance \nThe Secretary shall provide, to the maximum extent practicable in accordance with applicable law, any information and technical services requested by the Council to assist in carrying out the duties of the Council. (j) Renewal \nThe Secretary shall ensure that the Council charter is renewed as required under applicable law. (k) Duration \nThe Council— (1) shall continue to function for the duration of existence of the Conservation Area; but (2) on completion of the management plan, shall only meet— (A) at the call of the Secretary; or (B) in the case of a review or proposed revision to the management plan.",
"id": "IDd35fc883e7484ea99da0d767ae6b41d4",
"header": "Dolores River National Conservation Area Advisory Council"
},
{
"text": "201. Designation of Dolores River Special Management Area \n(a) Establishment \n(1) In general \nSubject to valid existing rights, there is established the Dolores River Special Management Area in the State. (2) Area included \nThe Special Management Area shall consist of approximately 15,664 acres of Federal land in the San Juan National Forest in the State, as generally depicted on the Map. (b) Purpose \nThe purpose of the Special Management Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Special Management Area. (c) Map and legal description \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Special Management Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect \nThe map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability \nA copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service.",
"id": "id6CF6935C913C4D65A12CC59CA741170B",
"header": "Designation of Dolores River Special Management Area"
},
{
"text": "202. Management of Special Management Area \n(a) In general \nThe Secretary shall manage the Special Management Area in accordance with— (1) this Act; (2) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (3) other applicable laws. (b) Uses \nThe Secretary shall allow only such uses of the Special Management Area as the Secretary determines would further the purpose of the Special Management Area, as described in section 201(b). (c) Management plan \n(1) Plan required \n(A) In general \nNot later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Special Management Area. (B) Review and revision \nThe management plan under subparagraph (A) shall, from time to time, be subject to review and revision in accordance with— (i) this Act; (ii) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination \nThe Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of the Interior, with respect to the development of the separate management plan for the Conservation Area, as described in section 102(c). (3) Recommendations \nIn preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights \nIn preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests \nAny land or interest in land located within the boundary of the Special Management Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Special Management Area; and (2) be managed as provided in this section.",
"id": "idBA5301894FA24E2DA1D67A38FE0D8924",
"header": "Management of Special Management Area"
},
{
"text": "301. Purpose \nThe purpose of this title is to release portions of the Dolores River and certain tributaries from designation for potential addition under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) or from further study under that Act.",
"id": "id072E4112F0E34B5684CA4371F3619475",
"header": "Purpose"
},
{
"text": "302. Release of Dolores River study area \nSection 5(a)(56) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a)(56) ) is amended by inserting and the segments of the Dolores River located in the Dolores River National Conservation Area designated by the Dolores River National Conservation Area and Special Management Area Act before the period at the end.",
"id": "id259982D481F74241BA85310FFB3B96AA",
"header": "Release of Dolores River study area"
},
{
"text": "303. Applicability of continuing consideration provision \nSection 5(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(d)(1) ) shall not apply to— (1) the Conservation Area; or (2) the Special Management Area.",
"id": "id09b883e96fc14fe590ce4dec3a3e9dc2",
"header": "Applicability of continuing consideration provision"
},
{
"text": "401. Management of covered land \n(a) Motorized vehicles \n(1) In general \nExcept in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the covered land shall be permitted only on designated routes. (2) Road construction \nExcept as necessary for administrative purposes, protection of public health and safety, or providing reasonable access to private property, the Secretary shall not construct any permanent or temporary road within the covered land after the date of enactment of this Act. (b) Withdrawals \nSubject to valid existing rights, all public land within the covered land, including any land or interest in land that is acquired by the United States within the covered land after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except as provided in section 102(e). (c) Willing sellers \nAny acquisition of land or interests in land under this Act shall be only by purchase from willing sellers, donation, or exchange. (d) Grazing \nThe Secretary shall issue and administer any grazing leases or permits and trailing permits and administer allotments in the covered land in accordance with the laws (including regulations) applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management or Forest Service, as applicable. (e) Access to private land \nTo ensure reasonable use and enjoyment of private property (whether in existence on the date of enactment of this Act or in an improved state), the Secretary shall grant reasonable and feasible access through the covered land to any private property that is located within or adjacent to the covered land, if other routes to the private property are blocked by physical barriers, such as the Dolores River or the cliffs of the Dolores River. (f) Easements \nThe Secretary may lease or acquire easements on private land from willing lessors, donors, or sellers for recreation, access, conservation, or other permitted uses, to the extent necessary to fulfill the purposes of the Conservation Area or Special Management Area, as applicable. (g) Wildfire, insect, and disease management \nThe Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the covered land, (including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency). (h) Management of Ponderosa Gorge \n(1) In general \nThe Secretary shall manage the areas of the Conservation Area and Special Management Area identified on the Map as Ponderosa Gorge in a manner that maintains the wilderness character of those areas as of the date of enactment of this Act. (2) Prohibited activities \nSubject to paragraph (3), in the areas described in paragraph (1), the following activities shall be prohibited: (A) New permanent or temporary road construction or the renovation of nonsystem roads in existence on the date of enactment of this Act. (B) The use of motor vehicles, motorized equipment, or mechanical transport, except as necessary to meet the minimum requirements for the administration of the Federal land, to protect public health and safety, or to conduct ecological restoration activities to improve the aquatic habitat of the Dolores River channel. (C) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes of this Act). (3) Utility corridor \nNothing in this subsection affects the operation, maintenance, or location of the utility right-of-way within the corridor, as depicted on the Map. (i) Effect \nNothing in this Act prohibits the Secretary from issuing a new permit and right-of-way within the covered land for a width of not more than 150 feet for a right-of-way that serves a transmission line in existence on the date of enactment of this Act, on the condition that the Secretary shall relocate the right-of-way in a manner that furthers the purposes of this Act. (j) Climatological data collection \nSubject to such terms and conditions as the Secretary may require, nothing in this Act precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the covered land if the facilities and access to the facilities are essential to public safety, flood warning, flood control, water reservoir operation activities, or the collection of hydrologic data for water resource management purposes.",
"id": "id563EA00F7CDA4AE0B4CBFFD535FFC4AD",
"header": "Management of covered land"
},
{
"text": "402. Protection of water rights and other interests \n(a) Dolores Project \n(1) Operation \nThe Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. (2) Effect \nNothing in this Act affects the Dolores Project or the operation of McPhee Reservoir, in accordance with— (A) the reclamation laws; (B) any applicable— (i) Dolores Project water contract, storage contract, or carriage contract; or (ii) allocation of Dolores Project water; (C) the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; (D) the operating agreement entitled Operating Agreement, McPhee Dam and Reservoir, Contract No. 99–WC–40–R6100, Dolores Project, Colorado and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); (E) mitigation measures for whitewater boating, including any such measure described in— (i) the document entitled Dolores Project Colorado Definite Plan Report and dated April 1977; (ii) the Dolores Project final environmental statement dated May 9, 1977; or (iii) a document referred to in subparagraph (C) or (D); (F) applicable Federal or State laws relating to the protection of the environment, including— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (G) the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973). (b) Management of flows \n(1) In general \nIn managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decisionmaking. (2) Annual report \nBeginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. (c) Water resource projects \n(1) In general \nSubject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project— (A) located on the covered land that would— (i) affect the free-flowing character of any stream within the covered land; or (ii) unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or (B) located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. (2) Limitations \nSubject to the requirements of this section, nothing in paragraph (1)— (A) prevents, outside the covered land— (i) the construction of small diversion dams or stock ponds; (ii) new minor water developments in accordance with existing decreed water rights; or (iii) minor modifications to structures; or (B) affects access to, or operation, maintenance, repair, or replacement of, existing water resource projects. (d) Effect \nNothing in this Act— (1) affects— (A) any water right that is— (i) decreed under the laws of the State; and (ii) in existence on the date of enactment of this Act; (B) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; (C) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (D) any interstate water compact in existence on the date of enactment of this Act; or (E) State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; (2) imposes— (A) any mandatory streamflow requirement within the covered land; or (B) any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land.",
"id": "idBA27B341F22F4128A571FF625B38C819",
"header": "Protection of water rights and other interests"
},
{
"text": "403. Effect on private property and regulatory authority \n(a) Effect \nNothing in this Act— (1) affects valid existing rights; (2) requires any owner of private property to bear any costs associated with the implementation of the management plan under this Act; (3) affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State; (4) requires a change in or affects local zoning laws of the State or a political subdivision of the State; or (5) affects— (A) the jurisdiction over, use, or maintenance of county roads in the covered land; or (B) the administration of the portion of the road that is not a county road and that is commonly known as the Dolores River Road within the Conservation Area, subject to the condition that the Secretary shall not improve the road beyond the existing primitive condition of the road. (b) Adjacent management \n(1) No buffer zones \nThe designation of the Conservation Area and the Special Management Area by this Act shall not create any protective perimeter or buffer zone around the Conservation Area or Special Management Area, as applicable. (2) Private land \nNothing in this Act requires the prohibition of any activity on private land outside the boundaries of the Conservation Area or the Special Management Area that can be seen or heard from within such a boundary.",
"id": "id61C89E1D700542BFA6CE42F096387F36",
"header": "Effect on private property and regulatory authority"
},
{
"text": "404. Tribal rights and traditional uses \n(a) Treaty rights \nNothing in this Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (b) Traditional tribal uses \nSubject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes— (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials.",
"id": "ide69b7897b13a44eba43076f69f7782cf",
"header": "Tribal rights and traditional uses"
}
] | 14 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Dolores River National Conservation Area and Special Management Area Act. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Dolores River National Conservation Area Sec. 101. Establishment of Dolores River National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. Dolores River National Conservation Area Advisory Council. TITLE II—Dolores River Special Management Area Sec. 201. Designation of Dolores River Special Management Area. Sec. 202. Management of Special Management Area. TITLE III—Technical modifications to potential additions to National Wild and Scenic Rivers System Sec. 301. Purpose. Sec. 302. Release of Dolores River study area. Sec. 303. Applicability of continuing consideration provision. TITLE IV—General provisions Sec. 401. Management of covered land. Sec. 402. Protection of water rights and other interests. Sec. 403. Effect on private property and regulatory authority. Sec. 404. Tribal rights and traditional uses. 2. Definitions
In this Act: (1) Conservation Area
The term Conservation Area means the Dolores River National Conservation Area established by section 101(a). (2) Council
The term Council means the Dolores River National Conservation Area Advisory Council established under section 103(a). (3) Covered land
The term covered land means— (A) the Conservation Area; and (B) the Special Management Area. (4) Dolores Project
The term Dolores Project has the meaning given the term in section 3 of the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2974). (5) Map
The term Map means the map prepared by the Bureau of Land Management entitled Proposed Dolores River National Conservation Area and Special Management Area and dated July 13, 2022. (6) Public land
The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (7) Secretary
The term Secretary means— (A) in title I, the Secretary of the Interior; (B) in title II, the Secretary of Agriculture; and (C) in title IV— (i) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and (ii) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (8) Special Management Area
The term Special Management Area means the Dolores River Special Management Area established by section 201(a). (9) State
The term State means the State of Colorado. (10) Unreasonably diminish
The term unreasonably diminish is within the meaning of the term used in section 7(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278(a) ) and has the meaning of the term as applied in appendix D of the Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council entitled Wild & Scenic Rivers: Section 7 and dated October 2004. (11) Water resource project
The term water resource project means any dam, irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, and transmission and other ancillary facility, and other water diversion, storage, and carriage structure. 101. Establishment of Dolores River National Conservation Area
(a) Establishment
(1) In general
Subject to valid existing rights, there is established the Dolores River National Conservation Area in the State. (2) Area included
The Conservation Area shall consist of approximately 53,187 acres of Bureau of Land Management land in the State, as generally depicted on the Map. (b) Purpose
The purpose of the Conservation Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Conservation Area. (c) Map and legal description
(1) In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability
A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 102. Management of Conservation Area
(a) In general
The Secretary shall manage the Conservation Area in accordance with— (1) this Act; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) other applicable laws. (b) Uses
Subject to the provisions of this Act, the Secretary shall allow only such uses of the Conservation Area as are consistent with the purpose described in section 101(b). (c) Management plan
(1) Plan required
(A) In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Conservation Area. (B) Review and revision
The management plan under subparagraph (A) shall, from time to time, be subject to review and revision, in accordance with— (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination
The Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of Agriculture, with respect to the development of the separate management plan for the Special Management Area, as described in section 202(c). (3) Recommendations
In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights
In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests
Any land or interest in land located within the boundary of the Conservation Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Conservation Area; and (2) be managed as provided in this section. (e) Department of Energy leases
(1) In general
Nothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area. (2) Management
(A) In general
Subject to subparagraph (B), land designated for the program described in paragraph (1) shall be— (i) exempt from section 401(b); and (ii) managed in a manner that allow the leases to fulfill the purposes of the program, consistent with the other provisions of this title and title IV. (B) Designation
Land subject to a lease described in paragraph (1) shall be considered part of the Conservation Area and managed in accordance with other provisions of this title on a finding by the Secretary that— (i) (I) the lease has expired; and (II) the applicable lease tract has been removed from the leasing program by the Secretary of Energy; and (ii) the land that was subject to the lease is suitable for inclusion in the Conservation Area. (C) Effect
Nothing in subparagraph (B) prevents the Secretary of Energy from extending any lease described in paragraph (1). 103. Dolores River National Conservation Area Advisory Council
(a) Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dolores River National Conservation Area Advisory Council. (b) Duties
The Council shall advise— (1) the Secretary with respect to the preparation, implementation, and monitoring of the management plan prepared under section 102(c); and (2) the Secretary of Agriculture with respect to the preparation, implementation, and monitoring of the management plan prepared under section 202(c). (c) Applicable law
The Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) this Act. (d) Membership
(1) In general
The Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 2 members shall represent agricultural water user interests in the Conservation Area or the Dolores River watershed, of whom 1 shall represent the Dolores Water Conservancy District; (B) 2 members shall represent conservation interests in the Conservation Area; (C) 2 members shall represent recreation interests in the Conservation Area, 1 of whom shall represent whitewater boating interests; (D) 1 member shall be a representative of Dolores County, Colorado; (E) 1 member shall be a representative of San Miguel County, Colorado; (F) 1 member shall be a representative of Montezuma County, Colorado; (G) 1 member shall be a private landowner that owns land in immediate proximity to the Conservation Area; (H) 1 member shall be a representative of Colorado Parks and Wildlife; (I) 1 member shall be a holder of a grazing-allotment permit in the Conservation Area; and (J) 1 member shall be a representative of the Ute Mountain Ute Tribe. (2) Representation
(A) In general
The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (B) Requirements
(i) In general
The members of the Council described in subparagraphs (B) and (C) of paragraph (1) shall be residents that live within reasonable proximity to the Conservation Area. (ii) County representatives
The members of the Council described in subparagraphs (D) and (E) of paragraph (1) shall be— (I) residents of the respective counties referred to in those subparagraphs; and (II) capable of representing the interests of the applicable board of county commissioners. (e) Terms of office
(1) In general
The term of office of a member of the Council shall be 5 years. (2) Reappointment
A member may be reappointed to the Council on completion of the term of office of the member. (f) Compensation
A member of the Council— (1) shall serve without compensation for service on the Council; but (2) may be reimbursed for qualified expenses of the member. (g) Chairperson
The Council shall elect a chairperson from among the members of the Council. (h) Meetings
(1) In general
The Council shall meet at the call of the chairperson— (A) not less frequently than quarterly until the management plan under section 102(c) is developed; and (B) thereafter, at the call of the Secretary. (2) Public meetings
Each meeting of the Council shall be open to the public. (3) Notice
A notice of each meeting of the Council shall be published in advance of the meeting. (i) Technical assistance
The Secretary shall provide, to the maximum extent practicable in accordance with applicable law, any information and technical services requested by the Council to assist in carrying out the duties of the Council. (j) Renewal
The Secretary shall ensure that the Council charter is renewed as required under applicable law. (k) Duration
The Council— (1) shall continue to function for the duration of existence of the Conservation Area; but (2) on completion of the management plan, shall only meet— (A) at the call of the Secretary; or (B) in the case of a review or proposed revision to the management plan. 201. Designation of Dolores River Special Management Area
(a) Establishment
(1) In general
Subject to valid existing rights, there is established the Dolores River Special Management Area in the State. (2) Area included
The Special Management Area shall consist of approximately 15,664 acres of Federal land in the San Juan National Forest in the State, as generally depicted on the Map. (b) Purpose
The purpose of the Special Management Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Special Management Area. (c) Map and legal description
(1) In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Special Management Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability
A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. 202. Management of Special Management Area
(a) In general
The Secretary shall manage the Special Management Area in accordance with— (1) this Act; (2) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (3) other applicable laws. (b) Uses
The Secretary shall allow only such uses of the Special Management Area as the Secretary determines would further the purpose of the Special Management Area, as described in section 201(b). (c) Management plan
(1) Plan required
(A) In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Special Management Area. (B) Review and revision
The management plan under subparagraph (A) shall, from time to time, be subject to review and revision in accordance with— (i) this Act; (ii) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination
The Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of the Interior, with respect to the development of the separate management plan for the Conservation Area, as described in section 102(c). (3) Recommendations
In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights
In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests
Any land or interest in land located within the boundary of the Special Management Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Special Management Area; and (2) be managed as provided in this section. 301. Purpose
The purpose of this title is to release portions of the Dolores River and certain tributaries from designation for potential addition under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) or from further study under that Act. 302. Release of Dolores River study area
Section 5(a)(56) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a)(56) ) is amended by inserting and the segments of the Dolores River located in the Dolores River National Conservation Area designated by the Dolores River National Conservation Area and Special Management Area Act before the period at the end. 303. Applicability of continuing consideration provision
Section 5(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(d)(1) ) shall not apply to— (1) the Conservation Area; or (2) the Special Management Area. 401. Management of covered land
(a) Motorized vehicles
(1) In general
Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the covered land shall be permitted only on designated routes. (2) Road construction
Except as necessary for administrative purposes, protection of public health and safety, or providing reasonable access to private property, the Secretary shall not construct any permanent or temporary road within the covered land after the date of enactment of this Act. (b) Withdrawals
Subject to valid existing rights, all public land within the covered land, including any land or interest in land that is acquired by the United States within the covered land after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except as provided in section 102(e). (c) Willing sellers
Any acquisition of land or interests in land under this Act shall be only by purchase from willing sellers, donation, or exchange. (d) Grazing
The Secretary shall issue and administer any grazing leases or permits and trailing permits and administer allotments in the covered land in accordance with the laws (including regulations) applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management or Forest Service, as applicable. (e) Access to private land
To ensure reasonable use and enjoyment of private property (whether in existence on the date of enactment of this Act or in an improved state), the Secretary shall grant reasonable and feasible access through the covered land to any private property that is located within or adjacent to the covered land, if other routes to the private property are blocked by physical barriers, such as the Dolores River or the cliffs of the Dolores River. (f) Easements
The Secretary may lease or acquire easements on private land from willing lessors, donors, or sellers for recreation, access, conservation, or other permitted uses, to the extent necessary to fulfill the purposes of the Conservation Area or Special Management Area, as applicable. (g) Wildfire, insect, and disease management
The Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the covered land, (including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency). (h) Management of Ponderosa Gorge
(1) In general
The Secretary shall manage the areas of the Conservation Area and Special Management Area identified on the Map as Ponderosa Gorge in a manner that maintains the wilderness character of those areas as of the date of enactment of this Act. (2) Prohibited activities
Subject to paragraph (3), in the areas described in paragraph (1), the following activities shall be prohibited: (A) New permanent or temporary road construction or the renovation of nonsystem roads in existence on the date of enactment of this Act. (B) The use of motor vehicles, motorized equipment, or mechanical transport, except as necessary to meet the minimum requirements for the administration of the Federal land, to protect public health and safety, or to conduct ecological restoration activities to improve the aquatic habitat of the Dolores River channel. (C) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes of this Act). (3) Utility corridor
Nothing in this subsection affects the operation, maintenance, or location of the utility right-of-way within the corridor, as depicted on the Map. (i) Effect
Nothing in this Act prohibits the Secretary from issuing a new permit and right-of-way within the covered land for a width of not more than 150 feet for a right-of-way that serves a transmission line in existence on the date of enactment of this Act, on the condition that the Secretary shall relocate the right-of-way in a manner that furthers the purposes of this Act. (j) Climatological data collection
Subject to such terms and conditions as the Secretary may require, nothing in this Act precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the covered land if the facilities and access to the facilities are essential to public safety, flood warning, flood control, water reservoir operation activities, or the collection of hydrologic data for water resource management purposes. 402. Protection of water rights and other interests
(a) Dolores Project
(1) Operation
The Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. (2) Effect
Nothing in this Act affects the Dolores Project or the operation of McPhee Reservoir, in accordance with— (A) the reclamation laws; (B) any applicable— (i) Dolores Project water contract, storage contract, or carriage contract; or (ii) allocation of Dolores Project water; (C) the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; (D) the operating agreement entitled Operating Agreement, McPhee Dam and Reservoir, Contract No. 99–WC–40–R6100, Dolores Project, Colorado and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); (E) mitigation measures for whitewater boating, including any such measure described in— (i) the document entitled Dolores Project Colorado Definite Plan Report and dated April 1977; (ii) the Dolores Project final environmental statement dated May 9, 1977; or (iii) a document referred to in subparagraph (C) or (D); (F) applicable Federal or State laws relating to the protection of the environment, including— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (G) the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973). (b) Management of flows
(1) In general
In managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decisionmaking. (2) Annual report
Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. (c) Water resource projects
(1) In general
Subject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project— (A) located on the covered land that would— (i) affect the free-flowing character of any stream within the covered land; or (ii) unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or (B) located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. (2) Limitations
Subject to the requirements of this section, nothing in paragraph (1)— (A) prevents, outside the covered land— (i) the construction of small diversion dams or stock ponds; (ii) new minor water developments in accordance with existing decreed water rights; or (iii) minor modifications to structures; or (B) affects access to, or operation, maintenance, repair, or replacement of, existing water resource projects. (d) Effect
Nothing in this Act— (1) affects— (A) any water right that is— (i) decreed under the laws of the State; and (ii) in existence on the date of enactment of this Act; (B) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; (C) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (D) any interstate water compact in existence on the date of enactment of this Act; or (E) State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; (2) imposes— (A) any mandatory streamflow requirement within the covered land; or (B) any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land. 403. Effect on private property and regulatory authority
(a) Effect
Nothing in this Act— (1) affects valid existing rights; (2) requires any owner of private property to bear any costs associated with the implementation of the management plan under this Act; (3) affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State; (4) requires a change in or affects local zoning laws of the State or a political subdivision of the State; or (5) affects— (A) the jurisdiction over, use, or maintenance of county roads in the covered land; or (B) the administration of the portion of the road that is not a county road and that is commonly known as the Dolores River Road within the Conservation Area, subject to the condition that the Secretary shall not improve the road beyond the existing primitive condition of the road. (b) Adjacent management
(1) No buffer zones
The designation of the Conservation Area and the Special Management Area by this Act shall not create any protective perimeter or buffer zone around the Conservation Area or Special Management Area, as applicable. (2) Private land
Nothing in this Act requires the prohibition of any activity on private land outside the boundaries of the Conservation Area or the Special Management Area that can be seen or heard from within such a boundary. 404. Tribal rights and traditional uses
(a) Treaty rights
Nothing in this Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (b) Traditional tribal uses
Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes— (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. | 29,167 |
117s1345is | 117 | s | 1,345 | is | To establish a national mercury monitoring program, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Comprehensive National Mercury Monitoring Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Findings \nCongress finds that— (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 100,000 to 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in most locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States.",
"id": "id8d3ed037c09a45f9843f7cabace8c796",
"header": "Findings"
},
{
"text": "3. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Advisory committee \nThe term Advisory Committee means the Mercury Monitoring Advisory Committee established under section 5(a). (3) Ancillary measure \nThe term ancillary measure means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion \nThe term ecoregion means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export \nThe term mercury export means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as— (A) mass per unit of time; (B) mass per unit of watershed; or (C) area of the water body per unit of time. (6) Mercury flux \nThe term mercury flux means the rate of transfer of mercury between ecosystem components (such as between water and air or land and air) or between portions of ecosystem components, expressed in terms of— (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program \nThe term program means the national mercury monitoring program established under section 4(a). (8) Surface sediment \nThe term surface sediment means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area.",
"id": "id2592c497f3e849c3a5ef0c5230454151",
"header": "Definitions"
},
{
"text": "4. Monitoring program \n(a) Establishment \n(1) In general \nThe Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose \nThe purpose of the program is to track— (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites \n(A) In general \nIn carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations \nLocations of monitoring sites shall include— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; (iv) human communities with highly exposed and vulnerable populations; and (v) sensitive ecological areas in which substantive changes are expected to result from changes in domestic or international mercury emissions. (C) Colocation \nMonitoring sites shall be co-located with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols \nNot later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation \nTo the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17–816), which entered into force on August 16, 2017. (5) Data collection and distribution \nNot later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish— (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the Internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions \n(1) In general \nUnder the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds \nThe program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including— (A) the measurement and recording of wet mercury deposition; (B) an estimation of— (i) dry mercury deposition (such as litter mercury deposition or estimates of mercury accumulation in vegetation through eddy covariance measurements); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of stable isotopes of mercury and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry \nThe program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including— (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms \nThe program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including— (A) measurement and recording of total mercury and methyl mercury concentrations in— (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in— (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals.",
"id": "idbe07f4fb33a44ec894543ddcfa4f3468",
"header": "Monitoring program"
},
{
"text": "5. Advisory committee \n(a) Establishment \nThe Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the Mercury Monitoring Advisory Committee , to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the program. (b) Membership \nThe Advisory Committee shall consist of scientists who are not employees of the Federal Government, including— (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration.",
"id": "idbc9964f4bc9a49899a9f502fd55e2b30",
"header": "Advisory committee"
},
{
"text": "6. Reports and public disclosure \n(a) Reports \nNot later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment \nNot less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of data \nThe Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request.",
"id": "idc04fa97443fa41a0b7f0d967e06fdb4c",
"header": "Reports and public disclosure"
},
{
"text": "7. Authorization of appropriations \nThere are authorized to be appropriated to carry out this Act— (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.",
"id": "idcdc15b76dd48459c93fa2ec9e61c900e",
"header": "Authorization of appropriations"
}
] | 7 | 1. Short title
This Act may be cited as the Comprehensive National Mercury Monitoring Act. 2. Findings
Congress finds that— (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 100,000 to 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in most locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States. 3. Definitions
In this Act: (1) Administrator
The term Administrator means the Administrator of the Environmental Protection Agency. (2) Advisory committee
The term Advisory Committee means the Mercury Monitoring Advisory Committee established under section 5(a). (3) Ancillary measure
The term ancillary measure means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion
The term ecoregion means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export
The term mercury export means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as— (A) mass per unit of time; (B) mass per unit of watershed; or (C) area of the water body per unit of time. (6) Mercury flux
The term mercury flux means the rate of transfer of mercury between ecosystem components (such as between water and air or land and air) or between portions of ecosystem components, expressed in terms of— (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program
The term program means the national mercury monitoring program established under section 4(a). (8) Surface sediment
The term surface sediment means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. Monitoring program
(a) Establishment
(1) In general
The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose
The purpose of the program is to track— (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites
(A) In general
In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations
Locations of monitoring sites shall include— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; (iv) human communities with highly exposed and vulnerable populations; and (v) sensitive ecological areas in which substantive changes are expected to result from changes in domestic or international mercury emissions. (C) Colocation
Monitoring sites shall be co-located with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols
Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation
To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17–816), which entered into force on August 16, 2017. (5) Data collection and distribution
Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish— (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the Internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions
(1) In general
Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds
The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including— (A) the measurement and recording of wet mercury deposition; (B) an estimation of— (i) dry mercury deposition (such as litter mercury deposition or estimates of mercury accumulation in vegetation through eddy covariance measurements); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of stable isotopes of mercury and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry
The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including— (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms
The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including— (A) measurement and recording of total mercury and methyl mercury concentrations in— (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in— (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. 5. Advisory committee
(a) Establishment
The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the Mercury Monitoring Advisory Committee , to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the program. (b) Membership
The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including— (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. Reports and public disclosure
(a) Reports
Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment
Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of data
The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. 7. Authorization of appropriations
There are authorized to be appropriated to carry out this Act— (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024. | 10,466 |
117s4962is | 117 | s | 4,962 | is | To establish within the Office of Gender Equality and Women’s Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, to provide support to sustainably increase access to rural areas, and for other purposes. | [
{
"text": "1. Short title \nThis Act may be cited as the Bicycles for Rural African Transport Act.",
"id": "HEC6A939CF8F74969A76B6F39765BBC7F",
"header": "Short title"
},
{
"text": "2. Rural mobility program in sub-Saharan Africa \n(a) Establishment \n(1) In general \nThe Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall establish, within the Office of Gender Equality and Women’s Empowerment, a rural mobility program (referred to in this section as the Program ) to carry out the purposes described in paragraph (2), including through grants made to eligible nongovernmental partner organizations. In making such grants, the Administrator shall give priority to organizations with demonstrated success conducting rural mobility programs in the region for such purposes. (2) Purpose \nThe Program shall focus on country-driven projects within sub-Saharan Africa that— (A) promote rural communities’ access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender-based stigma, and community project management capacity. (3) Partnerships \nTo the greatest extent practicable, the Program shall partner with existing entities outside the United States that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section— (A) $3,000,000 for each of the fiscal years 2023 and 2024; (B) $6,000,000 for each of the fiscal years 2025 and 2026; and (C) $12,000,000 for fiscal year 2027 and for each fiscal year thereafter. (b) Report \n(1) Prior projects \nNot later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that, with respect to each of the fiscal years 2019 through 2022— (A) describes the projects carried out by USAID that relate to any of the purposes described in subsection (a)(2); (B) identifies the countries in which USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID and describes the mechanisms by which rural bicycle mobility was so embedded; (C) specifies the number of bicycles distributed through projects carried out by USAID; and (D) assesses the outcomes for, and impacts on, participants in such projects and the efforts of USAID to disseminate lessons learned from such projects. (2) Current projects \nNot later than December 30, 2024, and each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees referred to in paragraph (1) that— (A) describes the projects carried out by USAID during the most recently concluded fiscal year; and (B) includes information relating to the matters described in subparagraphs (B) through (D) of paragraph (1).",
"id": "HD68E9294EE1D4DA2B54FD265511521D6",
"header": "Rural mobility program in sub-Saharan Africa"
}
] | 2 | 1. Short title
This Act may be cited as the Bicycles for Rural African Transport Act. 2. Rural mobility program in sub-Saharan Africa
(a) Establishment
(1) In general
The Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall establish, within the Office of Gender Equality and Women’s Empowerment, a rural mobility program (referred to in this section as the Program ) to carry out the purposes described in paragraph (2), including through grants made to eligible nongovernmental partner organizations. In making such grants, the Administrator shall give priority to organizations with demonstrated success conducting rural mobility programs in the region for such purposes. (2) Purpose
The Program shall focus on country-driven projects within sub-Saharan Africa that— (A) promote rural communities’ access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender-based stigma, and community project management capacity. (3) Partnerships
To the greatest extent practicable, the Program shall partner with existing entities outside the United States that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations
There is authorized to be appropriated to carry out this section— (A) $3,000,000 for each of the fiscal years 2023 and 2024; (B) $6,000,000 for each of the fiscal years 2025 and 2026; and (C) $12,000,000 for fiscal year 2027 and for each fiscal year thereafter. (b) Report
(1) Prior projects
Not later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that, with respect to each of the fiscal years 2019 through 2022— (A) describes the projects carried out by USAID that relate to any of the purposes described in subsection (a)(2); (B) identifies the countries in which USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID and describes the mechanisms by which rural bicycle mobility was so embedded; (C) specifies the number of bicycles distributed through projects carried out by USAID; and (D) assesses the outcomes for, and impacts on, participants in such projects and the efforts of USAID to disseminate lessons learned from such projects. (2) Current projects
Not later than December 30, 2024, and each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees referred to in paragraph (1) that— (A) describes the projects carried out by USAID during the most recently concluded fiscal year; and (B) includes information relating to the matters described in subparagraphs (B) through (D) of paragraph (1). | 3,320 |
117s537is | 117 | s | 537 | is | To provide a tax credit for certain expenses associated with protecting employees from COVID–19. | [
{
"text": "1. Short title \nThis Act may be cited as the Healthy Workplaces Act.",
"id": "id175B99D5EFD548C99EBCEB504E8203BF",
"header": "Short title"
},
{
"text": "2. Healthy workplace payroll tax credit \n(a) In general \nIn the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 50 percent of the sum of— (1) the qualified employee protection expenses paid or incurred by the employer during such calendar quarter, (2) the qualified workplace reconfiguration expenses paid or incurred by the employer during such calendar quarter, and (3) the qualified education and training expenses paid or incurred by the employer during such calendar quarter. (b) Limitations and refundability \n(1) Overall dollar limitation on credit \n(A) In general \nThe amount of the credit allowed under subsection (a) with respect to any employer for any calendar quarter shall not exceed the excess (if any) of— (i) the applicable dollar limit with respect to such employer for such calendar quarter, over (ii) the aggregate credits allowed under subsection (a) with respect to such employer for all preceding calendar quarters. (B) Applicable dollar limit \n(i) In general \nThe term applicable dollar limit means, with respect to any employer for any calendar quarter, the sum of— (I) $1,000, multiplied by so much of the average number of full-time employees employed by such employer during such calendar quarter as does not exceed 500, plus (II) $750, multiplied by so much of such average number of full-time employees as exceeds 500 but does not exceed 1,000, plus (III) $500, multiplied by so much of such average number of full-time employees as exceeds 1,000 but does note exceed 2,500, plus (IV) $250, multiplied by so much of such average number of full-time employees as exceeds 2,500 but does not exceed 5,000, plus (V) $50, multiplied by so much of such average number of full-time employees as exceeds 5,000. (ii) Average number of full-time employees \nFor purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986, except that— (I) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (II) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (2) Credit limited to employment taxes \nThe credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111 of the Internal Revenue Code of 1986, sections 7001 and 7003 of the Families First Coronavirus Response Act, and section 2301 of the CARES Act) on the wages paid with respect to the employment of all the employees of the employer for such calendar quarter. (3) Refundability of excess credit \n(A) In general \nIf the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986. (B) Treatment of payments \nFor purposes of section 1324 of title 31, United States Code, any amounts due to the employer under this paragraph 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) Qualified employee protection expenses \nFor purposes of this section, the term qualified employee protection expenses means amounts (other than any qualified workplace reconfiguration expense) paid or incurred by the employer for— (1) testing employees of the employer for COVID–19 (including on a periodic basis), (2) equipment (including masks, gloves, and disinfectants) and technology systems used— (A) to protect customers or employees of the employer from contracting COVID–19, or (B) to enhance social distancing and contact tracing. (3) cleaning products or services (whether provided by an employee of the taxpayer or a cleaning service provider) related to preventing the spread of COVID–19, and (4) such other equipment or technology which— (A) is recommended as part of the Federal government's recommendations for safe workplaces, and (B) the Secretary, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, determines is necessary and appropriate for preventing COVID–19. (d) Qualified workplace reconfiguration expenses \nFor purposes of this section— (1) In general \nThe term qualified workplace reconfiguration expenses means amounts paid or incurred by the employer to evaluate, design, and reconfigure retail space, work areas, break areas, or other areas that employees or customers regularly use in the ordinary course of the employer’s trade or business if such evaluation, design, and reconfiguration— (A) has a primary purpose of preventing the spread of COVID–19, (B) is with respect to an area that is located in the United States and that is leased or owned by the employer, (C) is consistent with the ordinary use of the property immediately before the reconfiguration, (D) is commensurate with the risks faced by the employees or customers or is consistent with recommendations made by the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration, (E) is completed pursuant to a reconfiguration plan and no comparable reconfiguration plan was in place before March 13, 2020, and (F) is completed before January 1, 2022. (2) Regulations \nThe Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including guidance defining primary purpose and reconfiguration plan. (e) Qualified education and training expenses \nFor purposes of this section— (1) In general \nThe term qualified education and training expenses means amount paid or incurred to a qualified entity for the training employees on new business procedures related to preventing COVID–19 transmission. (2) Qualified entity \nThe term qualified entity means any entity certified by the Secretary as an accredited training institution, an industry-recognized trade association, or a nonprofit entity qualified to provide training described in paragraph (1). (f) Other definitions \nFor purposes of this section— (1) Applicable employment taxes \nThe term applicable employment taxes means the following: (A) The taxes imposed under section 3111(a) of the Internal Revenue Code of 1986. (B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code. (2) COVID– 19 \nExcept where the context clearly indicates otherwise, any reference in this section to COVID–19 shall be treated as including a reference to the virus which causes COVID–19. (3) Secretary \nThe term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (4) Other terms \nAny term used in this section (other than subsection (b)(1)(B)) which is also used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (g) Certain governmental employers \nThis section shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (h) Special rules \n(1) Aggregation rule \nAll persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (2) Denial of double benefit \nRules similar to the rules of section 280C(a) of the Internal Revenue Code of 1986 shall apply for purposes of this section. (3) Third-party payors \nAny credit allowed under this section shall be treated as a credit described in section 3511(d)(2) of such Code. (4) Election not to have section apply \nThis section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (5) Coordination with paycheck protection program and other government grants \n(A) Paycheck protection program \n(i) In general \nNo credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven \nThe Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants \nNo credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (6) Expenses must be for property or services within the United States \nAn amount paid or incurred by the employer shall not be taken into account as a qualified employee protection expense, a qualified workplace reconfiguration expense, or a qualified education and training expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (i) Transfers to certain trust funds \nThere are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. (j) Treatment of deposits \nThe Secretary shall waive any penalty under section 6656 of the Internal Revenue Code of 1986 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. (k) Regulations and guidance \nThe Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) with respect to the application of the credit under subsection (a) to third-party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504 of the Internal Revenue Code of 1986), regulations or other guidance allowing such payors to submit documentation necessary to substantiate the amount of the credit allowed under subsection (a), (2) regulations or other guidance with respect to amounts paid or incurred by an employer on behalf of the owner or lessee, or paid or incurred by such owner or lessee, of a property that is the subject of a management agreement or other similar legal arrangement, and (3) regulations or other guidance to prevent abusive transactions. (l) Application \nThis section shall only apply to amounts paid or incurred after December 31, 2020, and before January 1, 2022.",
"id": "HC9EF452F905B4FE8A74C9A95501AC426",
"header": "Healthy workplace payroll tax credit"
},
{
"text": "3. Income tax credit for 2020 qualified workplace reconfiguration expenses \n(a) In general \nFor purposes of section 38 of the Internal Revenue Code of 1986, in the case of an employer, the 2020 qualified workplace reconfiguration credit shall be treated as a credit listed at the end of subsection (b) of such section. For purposes of this subsection, the 2020 qualified workplace reconfiguration credit for any taxable year is an amount equal to 50 percent of the qualified workplace reconfiguration expenses paid or incurred by the employer during such taxable year. (b) Limitation \n(1) In general \nThe amount of the credit allowed under subsection (a) with respect to any employer for any taxable year shall not exceed— (A) $3,000, multiplied by so much of the average number of full-time employees employed by such employer during such taxable year as does not exceed 500, plus (B) $0, multiplied by so much of such average number of full-time employees as exceeds 500. (2) Average number of full-time employees \nFor purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986, except that— (A) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (B) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (c) Qualified workplace reconfiguration expenses \nFor purposes of this section— (1) In general \nThe term qualified workplace reconfiguration expenses has the meaning given such term under section 2(d). (2) Expenses must be for property or services within the United States \nAn amount paid or incurred by the employer shall not be taken into account as a qualified workplace reconfiguration expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (d) Other rules \n(1) Aggregation rule \nAll persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (2) Denial of double benefit \nRules similar to the rules of section 280C(a) of the Internal Revenue Code of 1986 shall apply for purposes of this section. (3) Election not to have section apply \nThis section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (4) Coordination with paycheck protection program and other government grants \n(A) Paycheck protection program \n(i) In general \nNo credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven \nThe Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants \nNo credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (e) Applicability \nThis section shall apply to qualified workplace reconfiguration expenses paid or incurred after March 12, 2020, and before January 1, 2021.",
"id": "idCED35CE38C854E3F84A99395D74CB9F9",
"header": "Income tax credit for 2020 qualified workplace reconfiguration expenses"
}
] | 3 | 1. Short title
This Act may be cited as the Healthy Workplaces Act. 2. Healthy workplace payroll tax credit
(a) In general
In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 50 percent of the sum of— (1) the qualified employee protection expenses paid or incurred by the employer during such calendar quarter, (2) the qualified workplace reconfiguration expenses paid or incurred by the employer during such calendar quarter, and (3) the qualified education and training expenses paid or incurred by the employer during such calendar quarter. (b) Limitations and refundability
(1) Overall dollar limitation on credit
(A) In general
The amount of the credit allowed under subsection (a) with respect to any employer for any calendar quarter shall not exceed the excess (if any) of— (i) the applicable dollar limit with respect to such employer for such calendar quarter, over (ii) the aggregate credits allowed under subsection (a) with respect to such employer for all preceding calendar quarters. (B) Applicable dollar limit
(i) In general
The term applicable dollar limit means, with respect to any employer for any calendar quarter, the sum of— (I) $1,000, multiplied by so much of the average number of full-time employees employed by such employer during such calendar quarter as does not exceed 500, plus (II) $750, multiplied by so much of such average number of full-time employees as exceeds 500 but does not exceed 1,000, plus (III) $500, multiplied by so much of such average number of full-time employees as exceeds 1,000 but does note exceed 2,500, plus (IV) $250, multiplied by so much of such average number of full-time employees as exceeds 2,500 but does not exceed 5,000, plus (V) $50, multiplied by so much of such average number of full-time employees as exceeds 5,000. (ii) Average number of full-time employees
For purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986, except that— (I) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (II) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (2) Credit limited to employment taxes
The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111 of the Internal Revenue Code of 1986, sections 7001 and 7003 of the Families First Coronavirus Response Act, and section 2301 of the CARES Act) on the wages paid with respect to the employment of all the employees of the employer for such calendar quarter. (3) Refundability of excess credit
(A) In general
If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986. (B) Treatment of payments
For purposes of section 1324 of title 31, United States Code, any amounts due to the employer under this paragraph 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) Qualified employee protection expenses
For purposes of this section, the term qualified employee protection expenses means amounts (other than any qualified workplace reconfiguration expense) paid or incurred by the employer for— (1) testing employees of the employer for COVID–19 (including on a periodic basis), (2) equipment (including masks, gloves, and disinfectants) and technology systems used— (A) to protect customers or employees of the employer from contracting COVID–19, or (B) to enhance social distancing and contact tracing. (3) cleaning products or services (whether provided by an employee of the taxpayer or a cleaning service provider) related to preventing the spread of COVID–19, and (4) such other equipment or technology which— (A) is recommended as part of the Federal government's recommendations for safe workplaces, and (B) the Secretary, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, determines is necessary and appropriate for preventing COVID–19. (d) Qualified workplace reconfiguration expenses
For purposes of this section— (1) In general
The term qualified workplace reconfiguration expenses means amounts paid or incurred by the employer to evaluate, design, and reconfigure retail space, work areas, break areas, or other areas that employees or customers regularly use in the ordinary course of the employer’s trade or business if such evaluation, design, and reconfiguration— (A) has a primary purpose of preventing the spread of COVID–19, (B) is with respect to an area that is located in the United States and that is leased or owned by the employer, (C) is consistent with the ordinary use of the property immediately before the reconfiguration, (D) is commensurate with the risks faced by the employees or customers or is consistent with recommendations made by the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration, (E) is completed pursuant to a reconfiguration plan and no comparable reconfiguration plan was in place before March 13, 2020, and (F) is completed before January 1, 2022. (2) Regulations
The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including guidance defining primary purpose and reconfiguration plan. (e) Qualified education and training expenses
For purposes of this section— (1) In general
The term qualified education and training expenses means amount paid or incurred to a qualified entity for the training employees on new business procedures related to preventing COVID–19 transmission. (2) Qualified entity
The term qualified entity means any entity certified by the Secretary as an accredited training institution, an industry-recognized trade association, or a nonprofit entity qualified to provide training described in paragraph (1). (f) Other definitions
For purposes of this section— (1) Applicable employment taxes
The term applicable employment taxes means the following: (A) The taxes imposed under section 3111(a) of the Internal Revenue Code of 1986. (B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code. (2) COVID– 19
Except where the context clearly indicates otherwise, any reference in this section to COVID–19 shall be treated as including a reference to the virus which causes COVID–19. (3) Secretary
The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (4) Other terms
Any term used in this section (other than subsection (b)(1)(B)) which is also used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (g) Certain governmental employers
This section shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (h) Special rules
(1) Aggregation rule
All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (2) Denial of double benefit
Rules similar to the rules of section 280C(a) of the Internal Revenue Code of 1986 shall apply for purposes of this section. (3) Third-party payors
Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2) of such Code. (4) Election not to have section apply
This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (5) Coordination with paycheck protection program and other government grants
(A) Paycheck protection program
(i) In general
No credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven
The Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants
No credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (6) Expenses must be for property or services within the United States
An amount paid or incurred by the employer shall not be taken into account as a qualified employee protection expense, a qualified workplace reconfiguration expense, or a qualified education and training expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (i) Transfers to certain trust funds
There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. (j) Treatment of deposits
The Secretary shall waive any penalty under section 6656 of the Internal Revenue Code of 1986 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. (k) Regulations and guidance
The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) with respect to the application of the credit under subsection (a) to third-party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504 of the Internal Revenue Code of 1986), regulations or other guidance allowing such payors to submit documentation necessary to substantiate the amount of the credit allowed under subsection (a), (2) regulations or other guidance with respect to amounts paid or incurred by an employer on behalf of the owner or lessee, or paid or incurred by such owner or lessee, of a property that is the subject of a management agreement or other similar legal arrangement, and (3) regulations or other guidance to prevent abusive transactions. (l) Application
This section shall only apply to amounts paid or incurred after December 31, 2020, and before January 1, 2022. 3. Income tax credit for 2020 qualified workplace reconfiguration expenses
(a) In general
For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an employer, the 2020 qualified workplace reconfiguration credit shall be treated as a credit listed at the end of subsection (b) of such section. For purposes of this subsection, the 2020 qualified workplace reconfiguration credit for any taxable year is an amount equal to 50 percent of the qualified workplace reconfiguration expenses paid or incurred by the employer during such taxable year. (b) Limitation
(1) In general
The amount of the credit allowed under subsection (a) with respect to any employer for any taxable year shall not exceed— (A) $3,000, multiplied by so much of the average number of full-time employees employed by such employer during such taxable year as does not exceed 500, plus (B) $0, multiplied by so much of such average number of full-time employees as exceeds 500. (2) Average number of full-time employees
For purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986, except that— (A) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (B) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (c) Qualified workplace reconfiguration expenses
For purposes of this section— (1) In general
The term qualified workplace reconfiguration expenses has the meaning given such term under section 2(d). (2) Expenses must be for property or services within the United States
An amount paid or incurred by the employer shall not be taken into account as a qualified workplace reconfiguration expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (d) Other rules
(1) Aggregation rule
All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (2) Denial of double benefit
Rules similar to the rules of section 280C(a) of the Internal Revenue Code of 1986 shall apply for purposes of this section. (3) Election not to have section apply
This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (4) Coordination with paycheck protection program and other government grants
(A) Paycheck protection program
(i) In general
No credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven
The Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants
No credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (e) Applicability
This section shall apply to qualified workplace reconfiguration expenses paid or incurred after March 12, 2020, and before January 1, 2021. | 17,066 |
117s1557is | 117 | s | 1,557 | is | To support both workers and recovery by converting expanded Federal unemployment payments into signing bonuses. | [
{
"text": "1. Short title \nThis Act may be cited as the National Signing Bonus Act of 2021.",
"id": "H72CF9C4C7AAD4FF49ECC4ECADFE000FF",
"header": "Short title"
},
{
"text": "2. National signing bonuses \n(a) In general \nSection 2104(b) of the CARES Act ( 15 U.S.C. 9023(b) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Back-to-work bonuses \n(A) In general \nAny agreement under this section may also provide that the State agency of the State may make up to 2 lump-sum payments (in this paragraph referred to as the first lump-sum payment and the second lump-sum payment ) to each individual who— (i) was eligible for Federal Pandemic Unemployment Compensation under paragraph (1) for— (I) any week beginning after the date of enactment of the National Signing Bonus Act of 2021 ; and (II) at least the 8 weeks immediately preceding the week under subclause (I); (ii) is no longer eligible for Federal Pandemic Unemployment Compensation under paragraph (1) (as determined by the State), as a result of earnings due to commencing employment with an employer by whom the individual has not been employed during the preceding 6 months; and (iii) as verified by the individual’s employer pursuant to subparagraph (E)— (I) has been employed by a non-governmental employer throughout— (aa) in the case of the first lump-sum payment, the individual’s first qualifying period; and (bb) in the case of the second lump-sum payment, the individual’s second qualifying period; and (II) remains employed with an intent to continue such employment. (B) Amount \n(i) First lump-sum payment \nWith respect to the first qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (ii) Second lump-sum payment \nWith respect to the second qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (C) Qualifying periods \n(i) First qualifying period \nFor purposes of this paragraph, the term first qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii); and (II) extending at least 4 consecutive weeks from such date. (ii) Second qualifying period \nFor purposes of this paragraph, the term second qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii) (with the same employer with whom the individual qualified for the first lump-sum payment under this paragraph); and (II) extending at least 8 consecutive weeks from such date. (D) Duration \nA first or second lump-sum payment may not be made to any individual under this paragraph with respect to a first or second qualifying period beginning on or after July 4, 2021. (E) Employer verification required for both lump-sum payments \nBefore making the first and second lump-sum payment to an individual pursuant to this paragraph, a State agency shall require verification from the individual’s employer— (i) of the individual’s employment status; (ii) of the wages paid to the individual during the applicable qualifying period; and (iii) of the hours worked by the individual during the applicable qualifying period. (F) Limitation \nA State may not provide more than one first lump-sum payment and one second lump-sum payment under this paragraph to an individual. (G) Special rule \nPayments made pursuant to an agreement under this paragraph shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) or section 3304(a)(4) of the Internal Revenue Code of 1986.. (b) Conforming amendments \nSection 2104 of the CARES Act ( 15 U.S.C. 9023 ) is amended— (1) in subsections (d) and (f), by inserting , payments under subsection (b)(4), after Federal Pandemic Unemployment Compensation each place it appears; and (2) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the purposes of the preceding provisions of this section, as such provisions apply with respect to payments under subsection (b)(4), shall be applied with respect to unemployment benefits described in subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation..",
"id": "H0B9BDC1B0FB147E789C3ABB2BE873324",
"header": "National signing bonuses"
}
] | 2 | 1. Short title
This Act may be cited as the National Signing Bonus Act of 2021. 2. National signing bonuses
(a) In general
Section 2104(b) of the CARES Act ( 15 U.S.C. 9023(b) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Back-to-work bonuses
(A) In general
Any agreement under this section may also provide that the State agency of the State may make up to 2 lump-sum payments (in this paragraph referred to as the first lump-sum payment and the second lump-sum payment ) to each individual who— (i) was eligible for Federal Pandemic Unemployment Compensation under paragraph (1) for— (I) any week beginning after the date of enactment of the National Signing Bonus Act of 2021 ; and (II) at least the 8 weeks immediately preceding the week under subclause (I); (ii) is no longer eligible for Federal Pandemic Unemployment Compensation under paragraph (1) (as determined by the State), as a result of earnings due to commencing employment with an employer by whom the individual has not been employed during the preceding 6 months; and (iii) as verified by the individual’s employer pursuant to subparagraph (E)— (I) has been employed by a non-governmental employer throughout— (aa) in the case of the first lump-sum payment, the individual’s first qualifying period; and (bb) in the case of the second lump-sum payment, the individual’s second qualifying period; and (II) remains employed with an intent to continue such employment. (B) Amount
(i) First lump-sum payment
With respect to the first qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (ii) Second lump-sum payment
With respect to the second qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (C) Qualifying periods
(i) First qualifying period
For purposes of this paragraph, the term first qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii); and (II) extending at least 4 consecutive weeks from such date. (ii) Second qualifying period
For purposes of this paragraph, the term second qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii) (with the same employer with whom the individual qualified for the first lump-sum payment under this paragraph); and (II) extending at least 8 consecutive weeks from such date. (D) Duration
A first or second lump-sum payment may not be made to any individual under this paragraph with respect to a first or second qualifying period beginning on or after July 4, 2021. (E) Employer verification required for both lump-sum payments
Before making the first and second lump-sum payment to an individual pursuant to this paragraph, a State agency shall require verification from the individual’s employer— (i) of the individual’s employment status; (ii) of the wages paid to the individual during the applicable qualifying period; and (iii) of the hours worked by the individual during the applicable qualifying period. (F) Limitation
A State may not provide more than one first lump-sum payment and one second lump-sum payment under this paragraph to an individual. (G) Special rule
Payments made pursuant to an agreement under this paragraph shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) or section 3304(a)(4) of the Internal Revenue Code of 1986.. (b) Conforming amendments
Section 2104 of the CARES Act ( 15 U.S.C. 9023 ) is amended— (1) in subsections (d) and (f), by inserting , payments under subsection (b)(4), after Federal Pandemic Unemployment Compensation each place it appears; and (2) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the purposes of the preceding provisions of this section, as such provisions apply with respect to payments under subsection (b)(4), shall be applied with respect to unemployment benefits described in subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation.. | 4,446 |
117s2283is | 117 | s | 2,283 | is | To improve the Veterans Crisis Line of the Department of Veterans Affairs, and for other purposes. | [
{
"text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Revising and Expediting Actions for the Crisis Hotline for Veterans Act or the REACH for Veterans Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Veterans Crisis Line training and quality management Subtitle A—Staff training Sec. 101. Review of training for Veterans Crisis Line call responders. Sec. 102. Retraining guidelines for Veterans Crisis Line call responders. Subtitle B—Quality review and management Sec. 111. Monitoring of calls on Veterans Crisis Line. Sec. 112. Quality management processes for Veterans Crisis Line. Sec. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide. Subtitle C—Guidance for high-Risk callers Sec. 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk. Sec. 122. Review and improvement of standards for emergency dispatch. Subtitle D—Oversight and clarification of staff roles and responsibilites Sec. 131. Oversight of training of social service assistants and clarification of job responsibilities. TITLE II—Pilot programs and research on Veterans Crisis Line Subtitle A—Pilot programs Sec. 201. Extended safety planning pilot program for Veterans Crisis Line. Sec. 202. Crisis line facilitation pilot program. Subtitle B—Research on effectiveness Sec. 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line. TITLE III—Transition of crisis line number Sec. 301. Feedback on transition of crisis line number.",
"id": "S1",
"header": "Short title; table of contents"
},
{
"text": "2. Definitions \nIn this Act: (1) Department \nThe term Department means the Department of Veterans Affairs. (2) Secretary \nThe term Secretary means the Secretary of Veterans Affairs. (3) Veterans Crisis Line \nthe term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.",
"id": "id6063C4355E42464EB1134DFABB8A1BB0",
"header": "Definitions"
},
{
"text": "101. Review of training for Veterans Crisis Line call responders \n(a) In general \nThe Secretary shall enter into an agreement with an organization outside the Department, such as the American Association of Suicidology, to review the training for Veterans Crisis Line call responders on assisting callers in crisis. (b) Completion of review \nThe review conducted under subsection (a) shall be completed not later than one year after the date of the enactment of this Act. (c) Elements of review \nThe review conducted under subsection (a) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch. (d) Update of training \nIf any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under subsection (a), the Secretary shall update such training and associated standards of practice to correct those deficiencies not later than one year after the completion of the review.",
"id": "idD31E25BC704A453AA9EF4613CFCA45F8",
"header": "Review of training for Veterans Crisis Line call responders"
},
{
"text": "102. Retraining guidelines for Veterans Crisis Line call responders \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement. (b) Elements of guidelines \nThe guidelines developed under subsection (a) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms.",
"id": "id8860951b0e7c4676a1c56968da5d6989",
"header": "Retraining guidelines for Veterans Crisis Line call responders"
},
{
"text": "111. Monitoring of calls on Veterans Crisis Line \n(a) In general \nThe Secretary shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call. (b) Benchmarks \nThe Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls. (c) Quarterly reports \nNot less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.",
"id": "idFCA83B8224AB4CB6A5D756646FD753BE",
"header": "Monitoring of calls on Veterans Crisis Line"
},
{
"text": "112. Quality management processes for Veterans Crisis Line \nNot later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls.",
"id": "iddd6f0856ca73462bb50df9e81476627d",
"header": "Quality management processes for Veterans Crisis Line"
},
{
"text": "113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide \n(a) In general \nNot less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact. (b) Submittal of results \nThe Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under subsection (a). (c) Application of themes or lessons \nThe Secretary shall apply any themes or lessons learned under an analysis under subsection (a) to updating training and standards of practice for staff of the Veterans Crisis Line.",
"id": "idf47549704ef4481585b1606138228475",
"header": "Annual common cause analysis for callers to Veterans Crisis Line who die by suicide"
},
{
"text": "121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk \nNot later than one year after the date of the enactment of this Act, the Secretary, in consultation with national experts within the Department on substance use disorder and overdose, shall— (1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk; (2) update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and (3) update criteria for monitoring compliance with such enhanced guidance and procedures.",
"id": "idAB8434185B004F3CB5EA27DCB9C324F0",
"header": "Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk"
},
{
"text": "122. Review and improvement of standards for emergency dispatch \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Secretary shall— (1) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regarding— (A) emergency dispatch for disconnected callers; and (B) the role of social service assistants in requesting emergency dispatch and recording such dispatches; and (2) update such procedure to include the additions identified under paragraph (1). (b) Training \nThe Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under subsection (a)(2) to the emergency dispatch standard operating procedure of the Veterans Crisis Line.",
"id": "id854ebbf372444c8b85c3052243fb0b84",
"header": "Review and improvement of standards for emergency dispatch"
},
{
"text": "131. Oversight of training of social service assistants and clarification of job responsibilities \nNot later than one year after the date of the enactment of this Act, the Secretary shall— (1) establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and (2) refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line.",
"id": "id70F4FBFFBD44447CA088DBF5A0BE4471",
"header": "Oversight of training of social service assistants and clarification of job responsibilities"
},
{
"text": "201. Extended safety planning pilot program for Veterans Crisis Line \n(a) In general \nCommencing not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line. (b) Briefing \nNot later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program.",
"id": "id7FA11F6EDD24455CB592F4228679261A",
"header": "Extended safety planning pilot program for Veterans Crisis Line"
},
{
"text": "202. Crisis line facilitation pilot program \n(a) In general \nCommencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans. (b) Briefing \nNot later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program. (c) Definitions \nIn this section: (1) Crisis line facilitation \nThe term crisis line facilitation , with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line. (2) High-risk veteran \nThe term high-risk veteran means a veteran receiving inpatient mental health care following a suicidal crisis.",
"id": "id7d7a424ef7e24aa18390caf6bf69d320",
"header": "Crisis line facilitation pilot program"
},
{
"text": "211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line \nThere is authorized to be appropriated to the Secretary $5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line.",
"id": "id2A108A3F28834570940C01D2F41DA1AE",
"header": "Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line"
},
{
"text": "301. Feedback on transition of crisis line number \n(a) In general \nThe Secretary shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line. (b) Nonapplication of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any feedback solicited under subsection (a). (c) Veterans service organization defined \nIn this section, the term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.",
"id": "idFBEDA5E29FB346418DEDDDC6CD4979BE",
"header": "Feedback on transition of crisis line number"
}
] | 14 | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Revising and Expediting Actions for the Crisis Hotline for Veterans Act or the REACH for Veterans Act. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Veterans Crisis Line training and quality management Subtitle A—Staff training Sec. 101. Review of training for Veterans Crisis Line call responders. Sec. 102. Retraining guidelines for Veterans Crisis Line call responders. Subtitle B—Quality review and management Sec. 111. Monitoring of calls on Veterans Crisis Line. Sec. 112. Quality management processes for Veterans Crisis Line. Sec. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide. Subtitle C—Guidance for high-Risk callers Sec. 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk. Sec. 122. Review and improvement of standards for emergency dispatch. Subtitle D—Oversight and clarification of staff roles and responsibilites Sec. 131. Oversight of training of social service assistants and clarification of job responsibilities. TITLE II—Pilot programs and research on Veterans Crisis Line Subtitle A—Pilot programs Sec. 201. Extended safety planning pilot program for Veterans Crisis Line. Sec. 202. Crisis line facilitation pilot program. Subtitle B—Research on effectiveness Sec. 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line. TITLE III—Transition of crisis line number Sec. 301. Feedback on transition of crisis line number. 2. Definitions
In this Act: (1) Department
The term Department means the Department of Veterans Affairs. (2) Secretary
The term Secretary means the Secretary of Veterans Affairs. (3) Veterans Crisis Line
the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. 101. Review of training for Veterans Crisis Line call responders
(a) In general
The Secretary shall enter into an agreement with an organization outside the Department, such as the American Association of Suicidology, to review the training for Veterans Crisis Line call responders on assisting callers in crisis. (b) Completion of review
The review conducted under subsection (a) shall be completed not later than one year after the date of the enactment of this Act. (c) Elements of review
The review conducted under subsection (a) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch. (d) Update of training
If any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under subsection (a), the Secretary shall update such training and associated standards of practice to correct those deficiencies not later than one year after the completion of the review. 102. Retraining guidelines for Veterans Crisis Line call responders
(a) In general
Not later than one year after the date of the enactment of this Act, the Secretary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement. (b) Elements of guidelines
The guidelines developed under subsection (a) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms. 111. Monitoring of calls on Veterans Crisis Line
(a) In general
The Secretary shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call. (b) Benchmarks
The Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls. (c) Quarterly reports
Not less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line. 112. Quality management processes for Veterans Crisis Line
Not later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide
(a) In general
Not less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact. (b) Submittal of results
The Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under subsection (a). (c) Application of themes or lessons
The Secretary shall apply any themes or lessons learned under an analysis under subsection (a) to updating training and standards of practice for staff of the Veterans Crisis Line. 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk
Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with national experts within the Department on substance use disorder and overdose, shall— (1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk; (2) update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and (3) update criteria for monitoring compliance with such enhanced guidance and procedures. 122. Review and improvement of standards for emergency dispatch
(a) In general
Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regarding— (A) emergency dispatch for disconnected callers; and (B) the role of social service assistants in requesting emergency dispatch and recording such dispatches; and (2) update such procedure to include the additions identified under paragraph (1). (b) Training
The Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under subsection (a)(2) to the emergency dispatch standard operating procedure of the Veterans Crisis Line. 131. Oversight of training of social service assistants and clarification of job responsibilities
Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and (2) refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line. 201. Extended safety planning pilot program for Veterans Crisis Line
(a) In general
Commencing not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line. (b) Briefing
Not later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program. 202. Crisis line facilitation pilot program
(a) In general
Commencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans. (b) Briefing
Not later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program. (c) Definitions
In this section: (1) Crisis line facilitation
The term crisis line facilitation , with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line. (2) High-risk veteran
The term high-risk veteran means a veteran receiving inpatient mental health care following a suicidal crisis. 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line
There is authorized to be appropriated to the Secretary $5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line. 301. Feedback on transition of crisis line number
(a) In general
The Secretary shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line. (b) Nonapplication of FACA
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any feedback solicited under subsection (a). (c) Veterans service organization defined
In this section, the term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. | 11,365 |
117s3366is | 117 | s | 3,366 | is | To permit the use of NATO and major non-NATO ally dredge ships in the United States. | [
{
"text": "1. Short title \nThis Act may be cited as the Allied Partnership and Port Modernization Act.",
"id": "S1",
"header": "Short title"
},
{
"text": "2. Dredging; dredged material \n(a) Dredging \nSection 55109 of title 46, United States Code, is amended— (1) in subsection (a), by inserting or (c) after subsection (b) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Dredging by NATO-Affiliated vessels \n(1) In general \nA vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States. (2) Vessels \nA vessel described in this paragraph is a vessel— (A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; (B) built by a country that is a member of the North Atlantic Treaty Organization or a major non-NATO ally (as defined in section 2350a(i) of title 10); and (C) for which a majority of the owners and operators of the vessel are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.. (b) Excluding dredged material from transportation requirements \n(1) In general \nSection 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material and inserting (excluding dredged material) ; and (B) by striking or dredged material and inserting (excluding dredged material). (2) Conforming amendment \nThe analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material (excluding dredged material)..",
"id": "id25885D571B414E2193DEF8BD01E25328",
"header": "Dredging; dredged material"
}
] | 2 | 1. Short title
This Act may be cited as the Allied Partnership and Port Modernization Act. 2. Dredging; dredged material
(a) Dredging
Section 55109 of title 46, United States Code, is amended— (1) in subsection (a), by inserting or (c) after subsection (b) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Dredging by NATO-Affiliated vessels
(1) In general
A vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States. (2) Vessels
A vessel described in this paragraph is a vessel— (A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; (B) built by a country that is a member of the North Atlantic Treaty Organization or a major non-NATO ally (as defined in section 2350a(i) of title 10); and (C) for which a majority of the owners and operators of the vessel are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.. (b) Excluding dredged material from transportation requirements
(1) In general
Section 55110 of title 46, United States Code, is amended— (A) in the section heading, by striking or dredged material and inserting (excluding dredged material) ; and (B) by striking or dredged material and inserting (excluding dredged material). (2) Conforming amendment
The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: Sec. 55110. Transportation of valueless material (excluding dredged material).. | 1,609 |
Subsets and Splits