Text of Amendments to H.R. 2617: Congressional Record, Senate, December 20, 2022
Summary
A page of the Congressional Record, Senate, dated December 20, 2022, beginning at page S9630, under the heading Text of Amendments to H.R. 2617. It lists amendments such as SA 6586, which Mr. Heinrich proposed for Mr. Boozman to S. 3519 on the Butterfield Overland National Historic Trail, and SA 6587, which Mr. Heinrich proposed for Mr. Manchin to S. 1942 on National Heritage Areas. It prints amendment text including an extension of the Not Invisible Act of 2019 commission from 18 months to 36 months and a section on the standard of proof for credible fear of persecution in asylum cases. The record is very long, and only its opening pages were read.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Text of Amendments to H.R. 2617: Congressional Record, Senate, December 20, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-20-crec-2022-12-20-pt3-pgs9630-78765b5863/
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S9630 CONGRESSIONAL RECORD — SENATE December 20, 2022
SA 6586. Mr. HEINRICH (for Mr. BOOZMAN) or critical habitat designated under that Act for, the activities of the Department of
proposed an amendment to the bill S. 3519, to in a manner or to an extent not previously the Interior and the Department of
amend the National Trails System Act to considered.’’. Justice Joint Commission on Reducing
designate the Butterfield Overland National
SA 6554. Mr. JOHNSON submitted an Violent Crime Against Indians, and for
Historic Trail, and for other purposes.
SA 6587. Mr. HEINRICH (for Mr. MANCHIN) amendment intended to be proposed to other purposes; as follows:
proposed an amendment to the bill S. 1942, to amendment SA 6552 proposed by Mr. Strike all after the enacting clause and in-
standardize the designation of National Her- sert the following:
LEAHY to the bill H.R. 2617, to amend
itage Areas, and for other purposes. SECTION 1. EXTENSION OF, AND ADDITIONAL
SA 6588. Mr. PADILLA (for himself and Mr. section 1115 of title 31, United States SUPPORT FOR THE ACTIVITIES OF,
CORNYN) submitted an amendment intended Code, to amend the description of how THE DEPARTMENT OF THE INTE-
to be proposed by him to the bill H.R. 2617, performance goals are achieved, and RIOR AND THE DEPARTMENT OF
JUSTICE JOINT COMMISSION ON RE-
to amend section 1115 of title 31, United for other purposes; which was ordered DUCING VIOLENT CRIME AGAINST
States Code, to amend the description of how to lie on the table; as follows: INDIANS.
performance goals are achieved, and for On page 1921, between lines 5 and 6, insert (a) EXTENSION OF COMMISSION AND ACTIVI-
other purposes; which was ordered to lie on the following: TIES OF THE COMMISSION.—Section 4 of the
the table. SEC. 305. STANDARD OF PROOF FOR CREDIBLE Not Invisible Act of 2019 (Public Law 116–166;
SA 6589. Mr. BENNET submitted an amend- FEAR OF PERSECUTION IN ASYLUM 134 Stat. 767) is amended—
ment intended to be proposed to amendment CASES. (1) in subsection (c)(2)(B), by striking ‘‘18
SA 6552 proposed by Mr. LEAHY to the bill Section 235(b)(1)(B)(v) of the Immigration months after the enactment’’ and inserting
H.R. 2617, supra; which was ordered to lie on and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) ‘‘36 months after the date of enactment’’;
the table. is amended read as follows and
f ‘‘(v) CREDIBLE FEAR OF PERSECUTION DE- (2) in subsection (e), by striking ‘‘2 years’’
FINED.—For purposes of this subparagraph, and inserting ‘‘42 months’’.
TEXT of AMENDMENTS the term ‘credible fear of persecution’ means (b) ADDITIONAL SUPPORT FOR ACTIVITIES OF
that it is more probable than not, taking COMMISSION.—Section 4(b) of the Not Invis-
SA 6553. Mr. DAINES (for himself, into account the credibility of the state- ible Act of 2019 (Public Law 116–166; 134 Stat.
Mr. RISCH, Mr. CRAPO, and Mr. TESTER) ments made by the alien in support of the 767) is amended—
alien’s claim and such other facts as are (1) in the subsection heading, by inserting
submitted an amendment intended to
known to the officer, that the alien could es- ‘‘; OPERATION’’ after ‘‘MEMBERSHIP’’; and
be proposed by him to the bill H.R. tablish eligibility for asylum under section (2) by adding at the end the following:
2617, to amend section 1115 of title 31, 208.’’. ‘‘(7) GIFTS.—The Commission may accept
United States Code, to amend the de- and use gifts or donations of services or
scription of how performance goals are SA 6555. Mr. JOHNSON (for himself, property from Indian tribes or Tribal enti-
achieved, and for other purposes; which Mr. BRAUN, Mr. DAINES, Ms. LUMMIS, ties, academic institutions, or other not-for-
was ordered to lie on the table; as fol- Mr. SCOTT of Florida, Mr. TOOMEY, Ms. profit organizations as it considers necessary
lows: ERNST, Mr. LANKFORD, Mr. RISCH, Mr. to carry out the duties of the Commission
At the end of title VIII of division DD, in- GRASSLEY, Mr. HAWLEY, Mr. BARRASSO, described in subsection (c).’’.
sert the following: and Mr. LEE) submitted an amendment
SA 6557. Mr. TUBERVILLE sub-
SEC. 8ll.CONSULTATION UNDER CERTAIN intended to be proposed to amendment
LAND AND RESOURCE MANAGE- mitted an amendment intended to be
SA 6552 proposed by Mr. LEAHY to the
MENT PLANS AND LAND USE PLANS. proposed to amendment SA 6552 pro-
(a) NATIONAL FOREST SYSTEM LAND AND bill H.R. 2617, to amend section 1115 of
posed by Mr. LEAHY to the bill H.R.
RESOURCE MANAGEMENT PLANS.—Section 6(d) title 31, United States Code, to amend
2617, to amend section 1115 of title 31,
of the Forest and Rangeland Renewable Re- the description of how performance
United States Code, to amend the de-
sources Planning Act of 1974 (16 U.S.C. goals are achieved, and for other pur-
1604(d)) is amended by striking paragraph (2)
scription of how performance goals are
poses; which was ordered to lie on the
and inserting the following: achieved, and for other purposes; which
table; as follows:
‘‘(2) NO ADDITIONAL CONSULTATION REQUIRED was ordered to lie on the table; as fol-
On page 6, after line 2, add the following:
AFTER APPROVAL OF LAND MANAGEMENT lows:
SEC. 7. ELIMINATION OF EARMARKS.
PLANS.—Notwithstanding any other provi- At the appropriate place, insert the fol-
sion of law, the Secretary shall not be re- (a) IN GENERAL.—Notwithstanding any
other provision of any division of this Act— lowing:
quired to reinitiate consultation under sec- SEC. ll. PROHIBITIONS ON DEPARTMENT OF
tion 7 of the Endangered Species Act of 1973 (1) no amounts shall be made available for
DEFENSE PAYING FOR OR FACILI-
(16 U.S.C. 1536) or section 402.16 of title 50, a purpose specified in any table relating to TATING TRAVEL TO OBTAIN AN
Code of Federal Regulations (or a successor congressionally directed spending in the ex- ABORTION.
regulation), on a completed land and re- planatory statement described in section 4 (a) PROHIBITION ON FUNDING EXPENSES RE-
source management plan that has no on-the- (in the matter preceding division A of this LATED TO ABORTIONS.—Section 1093 of title
ground effects when— consolidated Act), or for any congressionally 10, United States Code, is amended by adding
‘‘(A) a new species is listed or a new crit- directed spending in any division of this Act, at the end the following new subsection:
ical habitat is designated under that Act (16 and each such item of congressionally di- ‘‘(c) PROHIBITION ON FUNDING EXPENSES RE-
U.S.C. 1531 et seq.); or rected spending is null and void; LATED TO ABORTIONS.—Funds available to the
‘‘(B) new information reveals effects of the (2) each appropriation under any division Department of Defense may not be used to
land and resource management plan that of this Act shall be reduced by the amount of provide a per diem allowance or to pay ex-
may affect a species listed or critical habitat any allocation of such appropriation for con- penses, such as travel expenses, that are in-
designated under that Act in a manner or to gressionally directed spending items that is cidental to obtaining an abortion.’’.
an extent not previously considered.’’. made null and void by paragraph (1); and (b) PROHIBITION ON PROVISION OF TRAVEL
(b) BUREAU OF LAND MANAGEMENT LAND (3) each allocation of an appropriation AND TRANSPORTATION ALLOWANCES TO OBTAIN
USE PLANS.—Section 202 of the Federal Land under any division of this Act shall be re- ABORTIONS.—Section 452 of title 37, United
Policy and Management Act of 1976 (43 duced by the amount of any further alloca- States Code, is amended by adding at the end
U.S.C. 1712) is amended by adding at the end tion of such allocation of an appropriation the following new subsection:
the following: for congressionally directed spending items ‘‘(j) PROHIBITION ON ALLOWANCES FOR TRAV-
‘‘(g) NO ADDITIONAL CONSULTATION RE- that is made null and void by paragraph (1). EL TO OBTAIN ABORTIONS.—The administering
QUIRED AFTER APPROVAL OF LAND USE (b) REPORT.—The Director of the Office of Secretary may not provide travel or trans-
PLANS.—Notwithstanding any other provi- Management and Budget shall submit to portation allowances under this section to a
sion of law, the Secretary shall not be re- Congress a report indicating the final member of the uniformed services for travel
quired to reinitiate consultation under sec- amount appropriated for each appropriation to obtain an abortion.’’.
tion 7 of the Endangered Species Act of 1973 account for which amounts are made avail- (c) REQUIREMENT THAT LEAVE TO OBTAIN AN
(16 U.S.C. 1536) or section 402.16 of title 50, able under any division of this Act and the ABORTION BE CHARGEABLE.—Section 701 of
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Code of Federal Regulations (or a successor amount of each allocation of such an appro- title 10, United States Code, is amended by
regulation), on a completed land use plan priation, as reduced in accordance with sub- adding at the end the following new sub-
that has no on-the-ground effects when— section (a). section:
‘‘(1) a new species is listed or a new critical ‘‘(n) LEAVE TO OBTAIN ABORTIONS.—A mem-
habitat is designated under that Act (16 SA 6556. Mr. SCHATZ proposed an ber of the armed forces who takes leave to
U.S.C. 1531 et seq.); or amendment to the bill S. 5087, to obtain an abortion shall have the leave ac-
‘‘(2) new information reveals effects of the amend the Not Invisible Act of 2019 to count of the member reduced to account for
land use plan that may affect a species listed extend, and provide additional support such leave.’’.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9631
SA 6558. Mr. CASSIDY (for himself (C) the inability to perform the essential 1977A(a)(1) of the Revised Statutes (42 U.S.C.
and Mr. CASEY) submitted an amend- function can be reasonably accommodated; 1981a(a)(1))).
ment intended to be proposed to and (b) EMPLOYEES COVERED BY CONGRESSIONAL
(7) the terms ‘‘reasonable accommodation’’ ACCOUNTABILITY ACT OF 1995.—
amendment SA 6552 proposed by Mr.
and ‘‘undue hardship’’ have the meanings (1) IN GENERAL.—The powers, remedies, and
LEAHY to the bill H.R. 2617, to amend given such terms in section 101 of the Ameri- procedures provided in the Congressional Ac-
section 1115 of title 31, United States cans with Disabilities Act of 1990 (42 U.S.C. countability Act of 1995 (2 U.S.C. 1301 et seq.)
Code, to amend the description of how 12111) and shall be construed as such terms for the purposes of addressing allegations of
performance goals are achieved, and are construed under such Act and as set violations of section 201(a)(1) of such Act (2
for other purposes; which was ordered forth in the regulations required by this divi- U.S.C. 1311(a)(1)) shall be the powers, rem-
to lie on the table; as follows: sion, including with regard to the interactive edies, and procedures this division provides
process that will typically be used to deter- to address an allegation of an unlawful em-
At the appropriate place, insert the mine an appropriate reasonable accommoda- ployment practice in violation of this divi-
following: tion. sion against an employee described in sec-
DIVISIONll—PREGNANT WORKERS SEC. ll3. NONDISCRIMINATION WITH REGARD tion ll2(3)(B), except as provided in para-
TO REASONABLE ACCOMMODATIONS graphs (2) and (3) of this subsection.
SEC. ll1. SHORT TITLE. RELATED TO PREGNANCY. (2) COSTS AND FEES.—The powers, remedies,
This division may be cited as the ‘‘Preg- It shall be an unlawful employment prac- and procedures provided in subsections (b)
nant Workers Fairness Act’’. tice for a covered entity to— and (c) of section 722 of the Revised Statutes
SEC. ll2. DEFINITIONS. (1) not make reasonable accommodations (42 U.S.C. 1988) for the purposes of addressing
As used in this division— to the known limitations related to the preg- allegations of such a violation shall be the
(1) the term ‘‘Commission’’ means the nancy, childbirth, or related medical condi- powers, remedies, and procedures this divi-
Equal Employment Opportunity Commis- tions of a qualified employee, unless such sion provides to address allegations of such
sion; covered entity can demonstrate that the ac- practice.
(2) the term ‘‘covered entity’’— commodation would impose an undue hard- (3) DAMAGES.—The powers, remedies, and
(A) has the meaning given the term ‘‘re- ship on the operation of the business of such procedures provided in section 1977A of the
spondent’’ in section 701(n) of the Civil covered entity; Revised Statutes (42 U.S.C. 1981a), including
Rights Act of 1964 (42 U.S.C. 2000e(n)); and (2) require a qualified employee affected by the limitations contained in subsection (b)(3)
(B) includes— pregnancy, childbirth, or related medical of such section 1977A, for purposes of ad-
(i) an employer, which means a person en- conditions to accept an accommodation dressing allegations of such a violation, shall
gaged in industry affecting commerce who other than any reasonable accommodation be the powers, remedies, and procedures this
has 15 or more employees as defined in sec- arrived at through the interactive process division provides to address any allegation of
tion 701(b) of title VII of the Civil Rights Act referred to in section lll2(7); such practice (not an employment practice
of 1964 (42 U.S.C. 2000e(b)); (3) deny employment opportunities to a specifically excluded from coverage under
(ii) an employing office, as defined in sec- qualified employee if such denial is based on section 1977A(a)(1) of the Revised Statutes
tion 101 of the Congressional Accountability the need of the covered entity to make rea- (42 U.S.C. 1981a(a)(1))).
Act of 1995 (2 U.S.C. 1301) and section 411(c) of sonable accommodations to the known limi- (c) EMPLOYEES COVERED BY CHAPTER 5 OF
title 3, United States Code; tations related to the pregnancy, childbirth, TITLE 3, UNITED STATES CODE.—
(iii) an entity employing a State employee or related medical conditions of the qualified (1) IN GENERAL.—The powers, remedies, and
described in section 304(a) of the Government employee; procedures provided in chapter 5 of title 3,
Employee Rights Act of 1991 (42 U.S.C. 2000e– (4) require a qualified employee to take United States Code, to the President, the
16c(a)); and leave, whether paid or unpaid, if another rea- Commission, the Merit Systems Protection
(iv) an entity to which section 717(a) of the sonable accommodation can be provided to Board, or any person alleging a violation of
Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) the known limitations related to the preg- section 411(a)(1) of such title shall be the
applies; nancy, childbirth, or related medical condi- powers, remedies, and procedures this divi-
(3) the term ‘‘employee’’ means— tions of the qualified employee; or sion provides to the President, the Commis-
(A) an employee (including an applicant), (5) take adverse action in terms, condi- sion, the Board, or any person, respectively,
as defined in section 701(f) of the Civil Rights tions, or privileges of employment against a alleging an unlawful employment practice in
Act of 1964 (42 U.S.C. 2000e(f)); qualified employee on account of the em- violation of this division against an em-
(B) a covered employee (including an appli- ployee requesting or using a reasonable ac- ployee described in section ll2(3)(C), except
cant), as defined in section 101 of the Con- commodation to the known limitations re- as provided in paragraphs (2) and (3) of this
gressional Accountability Act of 1995 (2 lated to the pregnancy, childbirth, or related subsection.
U.S.C. 1301), and an individual described in medical conditions of the employee. (2) COSTS AND FEES.—The powers, remedies,
section 201(d) of that Act (2 U.S.C. 1311(d)); SEC. ll4. REMEDIES AND ENFORCEMENT. and procedures provided in subsections (b)
(C) a covered employee (including an appli- (a) EMPLOYEES COVERED BY TITLE VII OF and (c) of section 722 of the Revised Statutes
cant), as defined in section 411(c) of title 3, THE CIVIL RIGHTS ACT OF 1964.— (42 U.S.C. 1988) shall be the powers, remedies,
United States Code; (1) IN GENERAL.—The powers, remedies, and and procedures this division provides to the
(D) a State employee (including an appli- procedures provided in sections 705, 706, 707, President, the Commission, the Board, or
cant) described in section 304(a) of the Gov- 709, 710, and 711 of the Civil Rights Act of any person alleging such practice.
ernment Employee Rights Act of 1991 (42 1964 (42 U.S.C. 2000e–4 et seq.) to the Commis- (3) DAMAGES.—The powers, remedies, and
U.S.C. 2000e–16c(a)); or sion, the Attorney General, or any person al- procedures provided in section 1977A of the
(E) an employee (including an applicant) to leging a violation of title VII of such Act (42 Revised Statutes (42 U.S.C. 1981a), including
which section 717(a) of the Civil Rights Act U.S.C. 2000e et seq.) shall be the powers, rem- the limitations contained in subsection (b)(3)
of 1964 (42 U.S.C. 2000e–16(a)) applies; edies, and procedures this division provides of such section 1977A, shall be the powers,
(4) the term ‘‘known limitation’’ means to the Commission, the Attorney General, or remedies, and procedures this division pro-
physical or mental condition related to, af- any person, respectively, alleging an unlaw- vides to the President, the Commission, the
fected by, or arising out of pregnancy, child- ful employment practice in violation of this Board, or any person alleging such practice
birth, or related medical conditions that the division against an employee described in (not an employment practice specifically ex-
employee or employee’s representative has section ll2(3)(A) except as provided in cluded from coverage under section
communicated to the employer whether or paragraphs (2) and (3) of this subsection. 1977A(a)(1) of the Revised Statutes (42 U.S.C.
not such condition meets the definition of (2) COSTS AND FEES.—The powers, remedies, 1981a(a)(1))).
disability specified in section 3 of the Ameri- and procedures provided in subsections (b) (d) EMPLOYEES COVERED BY GOVERNMENT
cans with Disabilities Act of 1990 (42 U.S.C. and (c) of section 722 of the Revised Statutes EMPLOYEE RIGHTS ACT OF 1991.—
12102); (42 U.S.C. 1988) shall be the powers, remedies, (1) IN GENERAL.—The powers, remedies, and
(5) the term ‘‘person’’ has the meaning and procedures this division provides to the procedures provided in sections 302 and 304 of
given such term in section 701(a) of the Civil Commission, the Attorney General, or any the Government Employee Rights Act of 1991
Rights Act of 1964 (42 U.S.C. 2000e(a)); person alleging such practice. (42 U.S.C. 2000e–16b; 2000e–16c) to the Com-
(6) the term ‘‘qualified employee’’ means (3) DAMAGES.—The powers, remedies, and mission or any person alleging a violation of
an employee or applicant who, with or with- procedures provided in section 1977A of the section 302(a)(1) of such Act (42 U.S.C. 2000e–
rfrederick on DSKB3L4F33PROD with SENATE
out reasonable accommodation, can perform Revised Statutes (42 U.S.C. 1981a), including 16b(a)(1)) shall be the powers, remedies, and
the essential functions of the employment the limitations contained in subsection (b)(3) procedures this division provides to the Com-
position, except that an employee or appli- of such section 1977A, shall be the powers, mission or any person, respectively, alleging
cant shall be considered qualified if— remedies, and procedures this division pro- an unlawful employment practice in viola-
(A) any inability to perform an essential vides to the Commission, the Attorney Gen- tion of this division against an employee de-
function is for a temporary period; eral, or any person alleging such practice scribed in section ll2(3)(D), except as pro-
(B) the essential function could be per- (not an employment practice specifically ex- vided in paragraphs (2) and (3) of this sub-
formed in the near future; and cluded from coverage under section section.
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S9632 CONGRESSIONAL RECORD — SENATE December 20, 2022
(2) COSTS AND FEES.—The powers, remedies, formed the covered entity that accommoda- SA 6559. Mr. JOHNSON submitted an
and procedures provided in subsections (b) tion is needed, to identify and make a rea- amendment intended to be proposed to
and (c) of section 722 of the Revised Statutes sonable accommodation that would provide amendment SA 6552 proposed by Mr.
(42 U.S.C. 1988) shall be the powers, remedies, such employee with an equally effective op-
and procedures this division provides to the portunity and would not cause an undue
LEAHY to the bill H.R. 2617, to amend
Commission or any person alleging such hardship on the operation of the covered en- section 1115 of title 31, United States
practice. tity. Code, to amend the description of how
(3) DAMAGES.—The powers, remedies, and SEC. ll5. RULEMAKING. performance goals are achieved, and
procedures provided in section 1977A of the (a) EEOC RULEMAKING.—Not later than 1 for other purposes; which was ordered
Revised Statutes (42 U.S.C. 1981a), including year after the date of enactment of this Act, to lie on the table; as follows:
the limitations contained in subsection (b)(3) the Commission shall issue regulations in an On page 757, between lines 15 and 16, insert
of such section 1977A, shall be the powers, accessible format in accordance with sub- the following:
remedies, and procedures this division pro- chapter II of chapter 5 of title 5, United SEC. 550. (a) Except as provided in sub-
vides to the Commission or any person alleg- States Code, to carry out this division. Such section (b), none of the funds made available
ing such practice (not an employment prac- regulations shall provide examples of reason- under this division may be used by the De-
tice specifically excluded from coverage able accommodations addressing known lim- partment of Homeland Security—
under section 1977A(a)(1) of the Revised Stat- itations related to pregnancy, childbirth, or (1) to transport aliens who are unlawfully
utes (42 U.S.C. 1981a(a)(1))). related medical conditions. present in the United States; or
(e) EMPLOYEES COVERED BY SECTION 717 OF
(b) OCWR RULEMAKING.— (2) to award grants or contracts to third
THE CIVIL RIGHTS ACT OF 1964.—
(1) IN GENERAL.—Not later than 6 months parties to provide transportation within the
(1) IN GENERAL.—The powers, remedies, and
after the Commission issues regulations United States to aliens described in para-
procedures provided in section 717 of the
under subsection (a), the Board (as defined in graph (1).
Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to
section 101 of the Congressional Account- (b) Funds made available under this divi-
the Commission, the Attorney General, the
ability Act of 1995 (2 U.S.C. 1301)) shall (in sion may be used by the Department of
Librarian of Congress, or any person alleging
accordance with section 304 of the Congres- Homeland Security—
a violation of that section shall be the pow-
sional Accountability Act of 1995 (2 U.S.C. (1) to return any alien who is unlawfully
ers, remedies, and procedures this division
1384)), issue regulations to implement the present in the United States to—
provides to the Commission, the Attorney
provisions of this division made applicable to (A) such alien’s country of origin;
General, the Librarian of Congress, or any
employees described in section ll2(3)(B), (B) Mexico; or
person, respectively, alleging an unlawful
under section ll4(b). (C) the first safe country through which
employment practice in violation of this di-
(2) PARALLEL WITH AGENCY REGULATIONS.— such alien traveled en route to the United
vision against an employee described in
The regulations issued under paragraph (1) States; or
llsection 2(3)(E), except as provided in
shall be the same as substantive regulations (2) to transport any such alien—
paragraphs (2) and (3) of this subsection.
issued by the Commission under subsection (A) to a Federal detention facility; or
(2) COSTS AND FEES.—The powers, remedies,
(a) except to the extent that the Board may (B) to a Federal courthouse or other Fed-
and procedures provided in subsections (b)
determine, for good cause shown and stated eral facility for an immigration proceeding.
and (c) of section 722 of the Revised Statutes
(42 U.S.C. 1988) shall be the powers, remedies,
together with the regulations issued under ---
paragraph (1) that a modification of such SA 6560. Mr. COTTON submitted an
and procedures this division provides to the
Commission, the Attorney General, the Li-
substantive regulations would be more effec- amendment intended to be proposed to
tive for the implementation of the rights and amendment SA 6552 proposed by Mr.
brarian of Congress, or any person alleging
protection under this division. LEAHY to the bill H.R. 2617, to amend
such practice.
(3) DAMAGES.—The powers, remedies, and SEC. ll6. WAIVER OF STATE IMMUNITY. section 1115 of title 31, United States
procedures provided in section 1977A of the A State shall not be immune under the Code, to amend the description of how
Revised Statutes (42 U.S.C. 1981a), including 11th Amendment to the Constitution from an performance goals are achieved, and
the limitations contained in subsection (b)(3) action in a Federal or State court of com-
petent jurisdiction for a violation of this di-
for other purposes; which was ordered
of such section 1977A, shall be the powers,
vision. In any action against a State for a to lie on the table; as follows:
remedies, and procedures this division pro-
vides to the Commission, the Attorney Gen- violation of this division, remedies (includ- At the appropriate place, insert the fol-
eral, the Librarian of Congress, or any per- ing remedies both at law and in equity) are lowing:
son alleging such practice (not an employ- available for such a violation to the same ex- SEC. lll. IMPROVEMENTS TO THE JUSTICE
tent as such remedies are available for such FOR UNITED STATES VICTIMS OF
ment practice specifically excluded from
a violation in an action against any public or STATE SPONSORED TERRORISM ACT.
coverage under section 1977A(a)(1) of the Re-
private entity other than a State. (a) SHORT TITLE.—This section may be
vised Statutes (42 U.S.C. 1981a(a)(1))).
(f) PROHIBITION AGAINST RETALIATION.— SEC. ll7. RELATIONSHIP TO OTHER LAWS. cited as the ‘‘Fairness for 9/11 Families Act’’.
(1) IN GENERAL.—No person shall discrimi- (b) IN GENERAL.—Section 404 of the Justice
(a) IN GENERAL.—Nothing in this division
nate against any employee because such em- for United States Victims of State Sponsored
shall be construed—
ployee has opposed any act or practice made Terrorism Act (34 U.S.C. 20144) is amended—
(1) to invalidate or limit the powers, rem-
unlawful by this division or because such (1) in subsection (b)—
edies, and procedures under any Federal law
employee made a charge, testified, assisted, (A) in paragraph (1)(B), in the first sen-
or law of any State or political subdivision
or participated in any manner in an inves- tence, by inserting ‘‘and during the 1-year
of any State or jurisdiction that provides
tigation, proceeding, or hearing under this period beginning on the date of enactment of
greater or equal protection for individuals
division. the Fairness for 9/11 Families Act, the Spe-
affected by pregnancy, childbirth, or related
(2) PROHIBITION AGAINST COERCION.—It shall cial Master may utilize an additional 5 full-
medical conditions; or
be unlawful to coerce, intimidate, threaten, time equivalent Department of Justice per-
(2) by regulation or otherwise, to require
or interfere with any individual in the exer- sonnel’’ before the period at the end; and
an employer-sponsored health plan to pay for
cise or enjoyment of, or on account of such (B) in paragraph (2)(A), by inserting ‘‘Not
or cover any particular item, procedure, or
individual having exercised or enjoyed, or on later than 30 days after the date of enact-
treatment or to affect any right or remedy
account of such individual having aided or ment of the Fairness for 9/11 Families Act,
available under any other Federal, State, or
encouraged any other individual in the exer- the Special Master shall update, as necessary
local law with respect to any such payment
cise or enjoyment of, any right granted or as a result of the enactment of such Act,
or coverage requirement.
protected by this division. such procedures and other guidance pre-
(b) RULE OF CONSTRUCTION.—This division
(3) REMEDY.—The remedies and procedures viously issued by the Special Master.’’ after
is subject to the applicability to religious
otherwise provided for under this section the period at the end of the second sentence;
employment set forth in section 702(a) of the
shall be available to aggrieved individuals (2) in subsection (c)(3)(A), by striking
Civil Rights Act of 1964 (42 U.S.C. 2000e–1(a)).
with respect to violations of this subsection. clause (ii) and inserting the following:
SEC. ll8. SEVERABILITY.
(g) LIMITATION.—Notwithstanding sub- ‘‘(ii) Not later than 90 days after the date
If any provision of this division or the ap- of obtaining a final judgment, with regard to
sections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3),
plication of that provision to particular per- a final judgment obtained on or after the
if an unlawful employment practice involves
sons or circumstances is held invalid or date of that publication, unless—
the provision of a reasonable accommodation
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pursuant to this division or regulations im- found to be unconstitutional, the remainder ‘‘(I) the final judgment was awarded to a
plementing this division, damages may not of this division and the application of that 9/11 victim, 9/11 spouse, or 9/11 dependent be-
be awarded under section 1977A of the Re- provision to other persons or circumstances fore the date of enactment of the United
vised Statutes (42 U.S.C. 1981a) if the covered shall not be affected. States Victims of State Sponsored Terrorism
entity demonstrates good faith efforts, in SEC. ll9. EFFECTIVE DATE. Fund Clarification Act, in which case such
consultation with the employee with known This division shall take effect on the date United States person shall have 90 days from
limitations related to pregnancy, childbirth, that is 180 days after the date of enactment the date of enactment of such Act to submit
or related medical conditions who has in- of this Act. an application for payment; or
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9633
‘‘(II) the final judgment was awarded to a propriations of the Senate, the Committee with or acting on behalf of, a state sponsor
1983 Beirut barracks bombing victim or a on the Judiciary and the Committee on Ap- of terrorism.’’;
1996 Khobar Towers bombing victim before propriations of the House of Representatives, (5) in subsection (g)(1), by striking
the date of enactment of the Fairness for and the Special Master a report that in- ‘‘(e)(2)(A)’’ and inserting ‘‘(e)(2)’’; and
9/11 Families Act, in which case such United cludes the determination of the Comptroller (6) in subsection (j), by adding at the end
States person shall have 180 days from the General on— the following:
date of enactment of such Act to submit an ‘‘(I) the amount of the proposed lump sum ‘‘(15) 1983 BEIRUT BARRACKS BOMBING VIC-
application for payment.’’; catch-up payment for each 1983 Beirut bar- TIM.—The term ‘1983 Beirut barracks bomb-
(3) in subsection (d)— racks bombing victim; ing victim’—
(A) in paragraph (3)(B), by adding at the ‘‘(II) the amount of the proposed lump sum ‘‘(A) means a plaintiff, or estate or suc-
end the following: catch-up payment for each 1996 Khobar Tow- cessor in interest thereof, who has an eligi-
‘‘(iii) For the purposes of clause (i), the cal- ers bombing victim; and ble claim under subsection (c) that arises out
culation of the total compensatory damages ‘‘(III) amount of lump sum catch-up pay- of the October 23, 1983, bombing of the
received or entitled or scheduled to be re- ments described in subclauses (I) and (II). United States Marine Corps barracks in Bei-
ceived by an applicant who is a 1983 Beirut ‘‘(iv) LUMP SUM CATCH-UP PAYMENT RESERVE rut, Lebanon; and
barracks bombing victim or a 1996 Khobar FUND.—
‘‘(B) includes a plaintiff, estate, or suc-
Towers bombing victim from any source ‘‘(I) IN GENERAL.—There is established cessor in interest described in subparagraph
other than the Fund shall include the total within the Fund a lump sum catch-up pay- (A) who is a judgment creditor in the pro-
amount received by the applicant as a result ceedings captioned Peterson v. Islamic Re-
ment reserve fund, to remain in reserve ex-
of or in connection with the proceedings cap- public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
cept in accordance with this subsection.
tioned Peterson v. Islamic Republic of Iran, a Settling Judgment Creditor as identified in
‘‘(II) AUTHORIZATION.—Not earlier than 90
No. 10 Vic. 4518 (S.D.N.Y.), or the proceedings the order dated May 27, 2014, in the pro-
days after the date on which the Comptroller
captioned In Re 650 Fifth Avenue & Related ceedings captioned In Re 650 Fifth Avenue &
General submits the report required under
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Related Properties, No. 08 Vic.10934 (S.D.N.Y.
clause (iii), and not later than 1 year after
Dec. 17, 2008), such that any such applicant filed Dec. 17, 2008).
such date, the Special Master shall authorize
who has received or is entitled or scheduled ‘‘(16) 1996 KHOBAR TOWERS BOMBING VIC-
to receive 30 percent or more of such appli- lump sum catch-up payments from the re-
TIM.—The term ‘1996 Khobar Towers bombing
cant’s compensatory damages judgment as a serve fund established under subclause (I) in
victim’—
result of or in connection with such pro- amounts equal to the amounts described in
‘‘(A) means a plaintiff, or estate or suc-
ceedings shall not receive any payment from subclauses (I) and (II) of clause (iii).
cessor in interest thereof, who has an eligi-
the Fund, except in accordance with the re- ‘‘(III) APPROPRIATIONS.—
ble claim under subsection (c) that arises out
quirements of clause (i), or as part of a lump- ‘‘(aa) IN GENERAL.—There are authorized to
of the June 25, 1996 bombing of the Khobar
sum catch-up payment in accordance with be appropriated and there are appropriated
Tower housing complex in Saudi Arabia; and
paragraph (4)(D).’’; and to the lump sum catch-up payment reserve
‘‘(B) includes a plaintiff, estate, or suc-
(B) in paragraph (4)— fund $3,000,000,000 to carry out this clause, to
cessor in interest described in subparagraph
(i) in subparagraph (A), by striking ‘‘(B) remain available until expended.
(A) who is a judgment creditor in the pro-
and (C)’’ and inserting ‘‘(B), (C), and (D)’’; ‘‘(bb) LIMITATION.—Except as provided in
ceedings captioned Peterson v. Islamic Re-
(ii) in subparagraph (C), by adding at the subclause (IV), amounts appropriated pursu-
public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
end the following: ant to item (aa) may not be used for a pur-
a Settling Judgment Creditor as identified in
‘‘(iv) AUTHORIZATION.— pose other than to make lump sum catch-up
the order dated May 27, 2014, in the pro-
‘‘(I) IN GENERAL.—The Special Master shall payments under this clause.
ceedings captioned In Re 650 Fifth Avenue &
authorize lump sum catch-up payments in ‘‘(IV) EXPIRATION.—
Related Properties, No. 08 Vic.10934 (S.D.N.Y.
amounts equal to the amounts described in ‘‘(aa) IN GENERAL.—The lump sum catch-up
filed Dec. 17, 2008).’’.
subclauses (I), (II), and (III) of clause (iii). payment reserve fund established by this (c) GAO REPORT ON FUNDING FOR THE
‘‘(II) APPROPRIATIONS.— clause shall be terminated not later than 1 UNITED STATES VICTIMS OF STATE SPONSORED
‘‘(aa) IN GENERAL.—There are authorized to year after the Special Master disperses all TERRORISM FUND.—Not later than 180 days
be appropriated and there are appropriated lump sum catch-up payments pursuant to after the date of enactment of this Act, the
to the Fund such sums as are necessary to subclause (II). Comptroller General of the United States
carry out this clause, to remain available ‘‘(bb) REMAINING AMOUNTS.—All amounts shall submit to Congress a report evaluating
until expended. remaining in the lump sum catch-up pay- ways to increase deposits into the United
‘‘(bb) LIMITATION.—Amounts appropriated ment reserve fund in excess of the amounts States Victims of State Sponsored Terrorism
pursuant to item (aa) may not be used for a described in subclauses (I) and (II) of clause Fund established under paragraph (1) of sec-
purpose other than to make lump sum catch- (iii) shall be deposited into the Fund under tion 404(e) of the Justice for United States
up payments under this clause.’’; and this section.’’; Victims of State Sponsored Terrorism Act
(iii) by adding at the end the following: (4) in subsection (e), by striking paragraph (34 U.S.C. 20144(e)) (in this subsection re-
‘‘(D) LUMP SUM CATCH-UP PAYMENTS FOR 1983 (2) and inserting the following: ferred to as the ‘‘Fund’’), including assessing
BEIRUT BARRACKS BOMBING VICTIMS AND 1996 ‘‘(2) DEPOSIT AND TRANSFER.—Beginning on the advisability and effect of—
KHOBAR TOWERS BOMBING VICTIMS.— the date of the enactment of this Act, the (1) expanding the scope of the criminal of-
‘‘(i) IN GENERAL.—Not later than 1 year following shall be deposited or transferred fenses for which funds, and the net proceeds
after the date of enactment of the Fairness into the Fund for distribution under this sec- from the sale of property, forfeited or paid to
for 9/11 Families Act, and in accordance with tion: the United States are deposited in the Fund
clauses (i) and (ii) of paragraph (3)(A), the ‘‘(A) CRIMINAL FUNDS AND PROPERTY.—All under paragraph (2)(A) of such section, as
Comptroller General of the United States funds, and the net proceeds from the sale of amended by this section;
shall conduct an audit and publish in the property, forfeited or paid to the United (2) expanding the scope of the civil pen-
Federal Register a notice of proposed lump States after the date of enactment of this alties or fines for which funds, and the net
sum catch-up payments to the 1983 Beirut Act as a criminal penalty or fine arising proceeds from the sale of property, forfeited
barracks bombing victims and the 1996 from a violation of any license, order, regu- or paid to the United States are deposited in
Khobar Towers bombing victims who have lation, or prohibition issued under the Inter- the Fund under paragraph (2)(B) of such sec-
submitted applications in accordance with national Emergency Economic Powers Act tion, as amended by this section, to include
subsection (c)(3)(A)(ii)(II) on or after such (50 U.S.C. 1701 et seq.) or the Trading with civil penalties or fines imposed, including as
date of enactment, in amounts that, after re- the Enemy Act (50 U.S.C. App. 1 et seq.), or part of a settlement agreement, on an entity
ceiving the lump sum catch-up payments, any related criminal conspiracy, scheme, or for providing material support to an organi-
would result in the percentage of the claims other Federal offense arising from the ac- zation designated as a foreign terrorist orga-
of such victims received from the Fund being tions of, or doing business with or acting on nization under section 219 of the Immigra-
equal to the percentage of the claims of non- behalf of, a state sponsor of terrorism. tion and Nationality Act (8 U.S.C. 1189); and
9/11 victims of state sponsored terrorism re- ‘‘(B) CIVIL FUNDS AND PROPERTY.—Seventy- (3) increasing to 100 percent the percentage
ceived from the Fund, as of such date of en- five percent of all funds, and seventy-five of funds, and the net proceeds from the sale
actment. percent of the net proceeds from the sale of of property, forfeited or paid to the United
‘‘(ii) PUBLIC COMMENT.—The Comptroller property, forfeited or paid to the United States as a civil penalty or fine that are de-
General shall provide an opportunity for States after the date of enactment of this posited in the Fund under paragraph
rfrederick on DSKB3L4F33PROD with SENATE
public comment for a 30-day period begin- Act as a civil penalty or fine arising from a (2)(A)(ii) of such section, as amended by this
ning on the date on which the notice is pub- violation of any license, order, regulation, or section.
lished under clause (i). prohibition issued under the International (d) RESCISSIONS.—
‘‘(iii) REPORT.—Not later than 30 days after Emergency Economic Powers Act (50 U.S.C. (1) BUSINESS LOANS PROGRAM ACCOUNT.—Of
the expiration of the comment period in 1701 et seq.) or the Trading with the Enemy the unobligated balances of amounts made
clause (ii), the Comptroller General of the Act (50 U.S.C. App. 1 et seq.), or any related available under the heading ‘‘Small Business
United States shall submit to the Committee conspiracy, scheme, or other Federal offense Administration—Business Loans Program
on the Judiciary and the Committee on Ap- arising from the actions of, or doing business Account, CARES Act’’, for carrying out
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S9634 CONGRESSIONAL RECORD — SENATE December 20, 2022
paragraphs (36) and (37) of section 7(a) of the and 365 of the Public Health Service Act (42 Responsibility and Reform established under
Small Business Act (15 U.S.C. 636(a)), U.S.C. 265 and 268) as a result of the public paragraph (2).
$4,954,772,000 are hereby rescinded. health emergency relating to the (B) FEDERAL AGENCY.—The term ‘‘Federal
(2) SHUTTERED VENUE OPERATORS GRANT.— Coronavirus Disease 2019 (COVID-19) pan- agency’’ means an establishment in the exec-
Of the unobligated balances of amounts demic declared under section 319 of such Act utive, legislative, or judicial branch of the
made available under the heading ‘‘Small (42 U.S.C. 247d) on January 31, 2020 (popularly Federal Government.
Business Administration—Shuttered Venue known as ‘‘Title 42’’). (2) ESTABLISHMENT.—Not later than 30 days
Operators’’, for carrying out section 324 of after the date of the enactment of this Act,
division N of the Consolidated Appropria- SA 6564. Mr. LEE (for himself, Mr. there shall be established within the legisla-
tions Act, 2021 (15 U.S.C. 9009a), $459,000,000 SCOTT of Florida, Mr. BRAUN, and Mr. tive branch a commission to be known as the
are hereby rescinded. JOHNSON) submitted an amendment in- National Commission on Fiscal Responsi-
(3) AVIATION MANUFACTURING PAYROLL SUP- tended to be proposed by him to the bility and Reform.
PORT PROGRAM.—Of the unobligated balances (3) MEMBERSHIP.—
of amounts made available under section 7202
bill H.R. 2617, to amend section 1115 of
title 31, United States Code, to amend (A) COMPOSITION OF COMMISSION.—The Com-
of the American Rescue Plan Act of 2021 (15 mission shall be composed of 18 members, of
U.S.C. 9132), $568,228,000 are hereby rescinded. the description of how performance
whom—
goals are achieved, and for other pur- (i) 6 shall be appointed by the President, of
SA 6561. Mr. PAUL submitted an poses; which was ordered to lie on the whom not more than 3 shall be from the
amendment intended to be proposed to table; as follows: same political party;
amendment SA 6552 proposed by Mr. At the appropriate place, insert the fol- (ii) 3 shall be appointed by the majority
LEAHY to the bill H.R. 2617, to amend lowing: leader of the Senate, from among current
section 1115 of title 31, United States SEC. lll. None of the amounts appro- Members of the Senate;
Code, to amend the description of how priated or otherwise made available for the (iii) 3 shall be appointed by the Speaker of
performance goals are achieved, and Office of the Executive Secretary of the De- the House of Representatives, from among
for other purposes; which was ordered partment of Homeland Security under this current Members of the House of Representa-
Act may be obligated or expended until the tives;
to lie on the table; as follows:
prohibitions on entry into the United States (iv) 3 shall be appointed by the minority
At the appropriate place, insert the fol- set forth in the order of suspension issued leader of the Senate, from among current
lowing: pursuant to sections 362 and 365 of the Public Members of the Senate; and
SEC. lll. VOTING THRESHOLD FOR BUDGET Health Service Act (42 U.S.C. 265 and 268) as (v) 3 shall be appointed by the minority
POINTS OF ORDER.
a result of the public health emergency re- leader of the House of Representatives, from
(a) DEFINITION.—In this section, the term lating to the Coronavirus Disease 2019 among current Members of the House of Rep-
‘‘covered point of order’’ means a point of (COVID-19) pandemic declared under section resentatives.
order under the Congressional Budget Act of 319 of such Act (42 U.S.C. 247d) on January 31, (B) INITIAL APPOINTMENTS.—Not later than
1974 (2 U.S.C. 621 et seq.), the Balanced Budg- 2020 (popularly known as ‘‘Title 42’’), are re- 60 days after the date on which the Commis-
et and Emergency Deficit Control Act of 1985 instated. sion is established, initial appointments to
(2 U.S.C. 900 et seq.), the Statutory Pay-As-
the Commission shall be made.
You-Go Act of 2010 (2 U.S.C. 931 et seq.), or a SA 6565. Mr. LEE (for himself, Mr. (C) VACANCY.—A vacancy on the Commis-
concurrent resolution on the budget.
(b) VOTING THRESHOLD.—In the Senate—
SCOTT of Florida, Mr. BRAUN, and Mr. sion shall be filled in the same manner as the
(1) a covered point of order may be waived JOHNSON) submitted an amendment in- initial appointment.
only by the affirmative vote of two-thirds of tended to be proposed by him to the (4) CO-CHAIRPERSONS.—From among the
the Members, duly chosen and sworn; and bill H.R. 2617, to amend section 1115 of members appointed under paragraph (3), the
(2) an affirmative vote of two-thirds of the title 31, United States Code, to amend President shall designate 2 members, who
Members, duly chosen and sworn, shall be re- shall not be of the same political party, to
the description of how performance
quired to sustain an appeal of the ruling of serve as co-chairpersons of the Commission.
goals are achieved, and for other pur- (5) QUALIFICATIONS.—Members appointed to
the Chair on a covered point of order. poses; which was ordered to lie on the the Commission shall have significant depth
SA 6562. Mr. LEE submitted an table; as follows: of experience and responsibilities in matters
amendment intended to be proposed by At the appropriate place, insert the fol- relating to—
him to the bill H.R. 2617, to amend sec- lowing: (A) government service;
SEC. lll. None of the amounts appro- (B) fiscal policy;
tion 1115 of title 31, United States (C) economics;
priated or otherwise made available for the
Code, to amend the description of how Office of the Secretary of Homeland Security (D) Federal agency management or private
performance goals are achieved, and under this Act may be obligated or expended sector management;
for other purposes; which was ordered until the prohibitions on entry into the (E) public administration; and
to lie on the table; as follows: United States set forth in the order of sus- (F) law.
On page 410, after line 25, add the fol- pension issued pursuant to sections 362 and (6) DUTIES.—
lowing: 365 of the Public Health Service Act (42 (A) IN GENERAL.—The Commission shall
SEC. 8145. The Secretary of Defense shall, U.S.C. 265 and 268) as a result of the public identify policies to—
notwithstanding any provision of the De- health emergency relating to the (i) improve the fiscal situation of the Fed-
partment of Defense Financial Management Coronavirus Disease 2019 (COVID-19) pan- eral Government in the medium term; and
Regulation, direct the Secretary of the Navy demic declared under section 319 of such Act (ii) achieve fiscal sustainability of the Fed-
to continue to provide pay and benefits to (42 U.S.C. 247d) on January 31, 2020 (popularly eral Government in the long term.
Lieutenant Ridge Alkonis until such time as known as ‘‘Title 42’’), are reinstated. (B) REQUIREMENTS.—In carrying out sub-
the Secretary of the Navy makes a deter- paragraph (A), the Commission shall—
mination with respect to the separation of SA 6566. Ms. LUMMIS submitted an (i) propose recommendations designed to
Lieutenant Alkonis from the Navy. amendment intended to be proposed to balance the budget of the Federal Govern-
amendment SA 6552 proposed by Mr. ment, excluding interest payments on the
SA 6563. Mr. LEE (for himself, Mr. LEAHY to the bill H.R. 2617, to amend public debt, by the date that is 10 years after
SCOTT of Florida, Mr. BRAUN, and Mr. section 1115 of title 31, United States the date on which the Commission is estab-
JOHNSON) submitted an amendment in- Code, to amend the description of how lished, in order to stabilize the ratio of the
tended to be proposed to amendment public debt to the gross domestic product of
performance goals are achieved, and the United States at an acceptable level; and
SA 6552 proposed by Mr. LEAHY to the for other purposes; which was ordered
bill H.R. 2617, to amend section 1115 of (ii) propose recommendations that mean-
to lie on the table; as follows: ingfully improve the long-term fiscal out-
title 31, United States Code, to amend look of the Federal Government, including
At the appropriate place, insert the fol-
the description of how performance lowing: changes to address the growth of entitlement
goals are achieved, and for other pur- SEC. lll. NATIONAL COMMISSION ON FISCAL spending and the gap between the projected
rfrederick on DSKB3L4F33PROD with SENATE
poses; which was ordered to lie on the RESPONSIBILITY AND REFORM. revenues and expenditures of the Federal
table; as follows: (a) SHORT TITLE.—This section may be Government.
On page 757, between lines 15 and 16, insert cited as the ‘‘Sustainable Budget Act of (7) REPORTS AND PROPOSED JOINT RESOLU-
the following: 2022’’. TION.—
SEC. 550. None of the funds provided by this (b) ESTABLISHMENT OF COMMISSION.— (A) IN GENERAL.—
Act may be obligated or expended to termi- (1) DEFINITIONS.—In this subsection: (i) FINAL REPORT.—Not later than 1 year
nate the prohibitions on entry into the (A) COMMISSION.—The term ‘‘Commission’’ after the date on which all members of the
United States issued pursuant to sections 362 means the National Commission on Fiscal Commission are appointed under paragraph
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9635
(3), the Commission shall vote on the ap- advisable to carry out the duties of the Com- (D) DETAIL OF GOVERNMENT EMPLOYEES.—
proval of a final report, which shall con- mission described in paragraph (6). Any employee of the Federal Government
tain— (B) INFORMATION FROM FEDERAL AGENCIES.— may be detailed to the Commission—
(I) the recommendations required under (i) IN GENERAL.—The Commission may se- (i) without reimbursement; and
paragraph (6)(B); and cure directly from any Federal agency such (ii) without interruption or loss of civil
(II) a proposed joint resolution imple- information as the Commission considers service status or privilege.
menting the recommendations described in necessary to carry out the duties of the Com- (E) PROCUREMENT OF TEMPORARY AND
subclause (I). mission described in paragraph (6). INTERMITTENT SERVICES.—The co-chair-
(ii) INTERIM REPORTS.—At any time after (ii) PROVISION OF INFORMATION.—Upon re- persons of the Commission may procure tem-
the date on which all members of the Com- quest from the co-chairpersons of the Com- porary and intermittent services under sec-
mission are appointed and prior to voting on mission, the head of a Federal agency shall tion 3109(b) of title 5, United States Code, at
the approval of a final report under clause provide information described in clause (i) to rates for individuals that do not exceed the
(i), the Commission may vote on the ap- the Commission. daily equivalent of the annual rate of basic
proval of an interim report containing such (C) POSTAL SERVICES.—The Commission pay prescribed for level V of the Executive
recommendations described in subsection may use the United States mail in the same Schedule under section 5316 of such title.
paragraph (6)(B) as the Commission may pro- manner and under the same conditions as de- (11) TERMINATION OF THE COMMISSION.—The
vide. partments and agencies of the Federal Gov- Commission shall terminate on the date that
(B) APPROVAL OF REPORT.—The Commis- ernment. is 30 days after the date on which the Com-
(D) WEBSITE.— mission submits the final report of the Com-
sion may only issue a report under this para-
(i) CONTENTS.—The Commission shall es- mission under subsection (7)(A)(i).
graph if—
tablish a website containing— (12) RULES OF CONSTRUCTION.—Nothing in
(i) not less than 12 members of the Com-
(I) the recommendations required under this section shall be construed to—
mission approve the report; and
paragraph (6)(B); and (A) impair or otherwise affect—
(ii) of the members approving the report
(II) the records of attendance of the mem- (i) authority granted by law to a Federal
under clause (i), not less than 4 are members
bers of the Commission for each meeting of agency or a head thereof; or
of the same political party to which the
the Commission. (ii) functions of the Director of the Office
Speaker of the House of Representatives be- (ii) DATE OF PUBLICATION.—Not later than
longs and not less than 4 are members of the of Management and Budget relating to budg-
72 hours after the conclusion of a meeting of etary, administrative, or legislative pro-
same political party to which the minority the Commission, the Commission shall pub-
leader of the House of Representatives be- posals; or
lish a recommendation or record of attend- (B) create any right or benefit, substantive
longs. ance described under clause (i) that is made
(C) SUBMISSION OF REPORT.—With respect or procedural, enforceable at law or in eq-
or taken at the meeting on the website es- uity, by any party against the United States,
to each report approved under this para- tablished under such subparagraph.
graph, the Commission shall— the departments, agencies, entities, officers,
(9) ASSISTANCE OF OTHER LEGISLATIVE employees, or agents of the United States, or
(i) submit to Congress the report; and BRANCH ENTITIES.—As the Commission con-
(ii) make the report available to the pub- any other person.
ducts the work of the Commission—
lic. (13) AUTHORIZATION OF APPROPRIATIONS.—
(A) the Comptroller General shall provide
(D) PREPARATION OF JOINT RESOLUTION.— (A) IN GENERAL.—There are authorized to
technical assistance to the Commission on
(i) IN GENERAL.—In drafting the proposed be appropriated to the Commission such
findings and recommendations of the Gov-
joint resolution described in subparagraph sums as may be necessary to carry out this
ernment Accountability Office;
(A)(i)(II), the Commission— section.
(B) the Director of the Congressional Budg-
(I) may use the services of the offices of (B) AVAILABILITY.—Any sums appropriated
et Office shall provide technical assistance
the Legislative Counsel of the Senate and under subparagraph (A) shall remain avail-
to the Commission on findings and rec-
House of Representatives; and able, without fiscal year limitation, until ex-
ommendations of the Congressional Budget
(II) shall consult with the Comptroller pended.
Office; and
General of the United States and the Direc- (14) INAPPLICABILITY OF FEDERAL ADVISORY
(C) the chair of the Joint Committee on
tor of the Congressional Budget Office. COMMITTEE ACT.—The Federal Advisory Com-
Taxation shall provide technical assistance
(ii) CONSULTATION WITH COMMITTEES.—In to the Commission on findings and rec- mittee Act (5 U.S.C. App.) shall not apply to
drafting the proposed joint resolution de- ommendations of the Joint Committee on the Commission.
scribed in subparagraph (A)(i)(II), the co- Taxation. (c) SPECIAL MESSAGE OF THE PRESIDENT.—
chairpersons of the Commission, with re- (10) PERSONNEL MATTERS.— (1) DEFINITIONS.—In this subsection:
spect to the contents of the proposed joint (A) IN GENERAL.—Members of the Commis- (A) COMMISSION REPORT.—The term ‘‘Com-
resolution, shall consult with— sion shall serve without compensation. mission report’’ means the final report of the
(I) the chairperson and ranking member of (B) TRAVEL EXPENSES.—Members of the National Commission on Fiscal Responsi-
each relevant committee of the Senate and Commission shall be allowed travel expenses, bility and Reform described in subsection
the House of Representatives; including per diem in lieu of subsistence, at (b)(7)(A)(i).
(II) the majority and minority leader of rates authorized for employees of agencies (B) SPECIAL MESSAGE.—The term ‘‘special
the Senate; and under subchapter I of chapter 57 of title 5, message’’ means the special message on the
(III) the Speaker and minority leader of United States Code, while away from the Commission report required under paragraph
the House of Representatives. homes or regular places of business of the (2)(A).
(iii) REQUIREMENTS FOR CONSULTATION.— members in the performance of services for (2) SUBMISSION OF SPECIAL MESSAGE.—
The consultation required under clause (ii) the Commission. (A) IN GENERAL.—Not later than 60 days
shall provide the opportunity for each indi- (C) STAFF.— after the date on which the Commission sub-
vidual described in clause (ii) to provide— (i) IN GENERAL.— mits the Commission report to Congress, the
(I) recommendations for alternative means (I) APPOINTMENT.—The co-chairpersons of President shall submit to Congress a special
of addressing the recommendations described the Commission may, without regard to civil message on the report.
in subparagraph (A)(i)(I); and service laws and regulations, appoint and (B) TRANSMITTAL.—The President shall
(II) recommendations regarding which rec- terminate an executive director and such submit the special message—
ommendations described in subparagraph other additional personnel as may be nec- (i) to the Secretary of the Senate if the
(A)(i)(I) should not be addressed in the pro- essary to enable the Commission to perform Senate is not in session; and
posed joint resolution. the duties of the Commission. (ii) to the Clerk of the House of Represent-
(iv) RELEVANT COMMITTEES.—For the pur- (II) APPROVAL.—The appointment of an ex- atives if the House of Representatives is not
pose of this subparagraph, the relevant com- ecutive director under subclause (I) shall be in session.
mittees of the Senate and the House of Rep- subject to confirmation by the Commission. (3) CONTENTS OF SPECIAL MESSAGE.—The
resentatives shall be— (ii) COMPENSATION.— special message shall describe the reasons
(I) the Committee on Finance of the Sen- (I) IN GENERAL.—The co-chairpersons of the for the support or opposition of the Presi-
ate; Commission may fix the compensation of the dent to the proposed joint resolution con-
(II) the Committee on Ways and Means of executive director and other personnel of the tained in the Commission report.
the House of Representatives; Commission without regard to the provisions (4) PUBLIC AVAILABILITY.—The President
(III) the Committee on Health, Education, of chapter 51 and subchapter III of chapter 53 shall—
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Labor, and Pensions of the Senate; and of title 5, United States Code, relating to the (A) make a copy of a special message pub-
(IV) the Committee on Energy and Com- classification of positions and General licly available, including on a website of the
merce of the House of Representatives. Schedule pay rates. President; and
(8) POWERS OF THE COMMISSION.— (II) PAY RATE.—The rate of pay for the ex- (B) publish in the Federal Register a notice
(A) HEARINGS.—The Commission may hold ecutive director and other personnel of the of a special message and information on how
such hearings, sit and act at such times and Commission may not exceed the rate payable the special message can be obtained.
places, take such testimony, and receive for level V of the Executive Schedule under (d) EXPEDITED CONSIDERATION OF PROPOSED
such evidence as the Commission considers section 5613 of title 5, United States Code. JOINT RESOLUTION.—
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S9636 CONGRESSIONAL RECORD — SENATE December 20, 2022
(1) DEFINITION OF COMMISSION JOINT RESOLU- Commission joint resolution. A motion to re- (5) AMENDMENT.—A Commission joint reso-
TION.—In this subsection, the term ‘‘Commis- consider the vote on passage of the Commis- lution shall not be subject to amendment in
sion joint resolution’’ means a joint resolu- sion joint resolution shall not be in order. either the Senate or the House of Represent-
tion that consists solely of the text of the (E) VOTE ON PASSAGE.—The vote on passage atives.
proposed joint resolution required to be in- of the Commission joint resolution shall (6) CONSIDERATION BY THE OTHER HOUSE.—
cluded in the final report of the Commission occur not later than 3 legislative days after (A) IN GENERAL.—If, before passing a Com-
under subsection (b)(7)(A)(i)(II). the date on which the last committee au- mission joint resolution, a House receives
(2) QUALIFYING LEGISLATION.—Only a Com- thorized to consider the Commission joint from the other House a Commission joint
mission joint resolution shall be entitled to resolution reports it to the House of Rep- resolution of the other House—
expedited consideration under this sub- resentatives or is discharged. (i) the Commission joint resolution of the
section. (4) EXPEDITED PROCEDURE IN THE SENATE.— other House shall not be referred to a com-
(3) CONSIDERATION IN THE HOUSE OF REP- (A) INTRODUCTION IN THE SENATE.—A Com- mittee; and
RESENTATIVES.— mission joint resolution may be introduced (ii) the procedure in the receiving House
(A) INTRODUCTION.—A Commission joint in the Senate (by request)— shall be the same as if no Commission joint
resolution may be introduced in the House of (i) by the majority leader of the Senate, or resolution had been received from the other
Representatives (by request)— by a Member of the Senate designated by the House until the vote on passage, when the
(i) by the majority leader of the House of majority leader of the Senate, on the next Commission joint resolution received from
Representatives, or by a Member of the legislative day after the date on which the the other House shall supplant the Commis-
House of Representatives designated by the
President submits the proposed joint resolu- sion joint resolution of the receiving House.
majority leader of the House of Representa-
tion under subsection (c)(2); or (B) REVENUE MEASURES.—This paragraph
tives, on the next legislative day after the
(ii) if the Commission joint resolution is shall not apply to the House of Representa-
date on which the Commission approves the
not introduced under clause (i), by any Mem- tives if a Commission joint resolution re-
final report of the Commission under sub-
ber of the Senate on any day on which the ceived from the Senate is a revenue measure.
section b(7)(A)(i); or
Senate is in session beginning on the day (7) RULES TO COORDINATE ACTION WITH
(ii) if the Commission joint resolution is
after the day described in clause (i). OTHER HOUSE.—
not introduced under clause (i), by any Mem-
ber of the House of Representatives on any (B) COMMITTEE CONSIDERATION.—A Commis- (A) TREATMENT OF COMMISSION JOINT RESO-
legislative day beginning on the legislative sion joint resolution introduced in the Sen- LUTION OF OTHER HOUSE.—If a Commission
day after the legislative day described in ate under subparagraph (A) shall be jointly joint resolution is not introduced in the Sen-
clause (i). referred to the committee or committees of ate or the Senate fails to consider a Commis-
(B) REFERRAL AND REPORTING.—Any com- jurisdiction, which committees shall report sion joint resolution under this section, the
mittee of the House of Representatives to the Commission joint resolution without any Commission joint resolution of the House of
which a Commission joint resolution is re- revision and with a favorable recommenda- Representatives shall be entitled to expe-
ferred shall report the Commission joint res- tion, an unfavorable recommendation, or dited floor procedures under this section.
olution to the House of Representatives without recommendation, not later than 10 (B) TREATMENT OF COMPANION MEASURES IN
without amendment not later than 10 legis- session days after the date on which the THE SENATE.—If, following passage of a Com-
lative days after the date on which the Com- Commission joint resolution was so referred. mission joint resolution in the Senate, the
mission joint resolution was so referred. If a If any committee to which a Commission Senate receives from the House of Represent-
committee of the House of Representatives joint resolution is referred fails to report the atives a Commission joint resolution, the
fails to report a Commission joint resolution Commission joint resolution within that pe- House-passed Commission joint resolution
within that period, it shall be in order to riod, that committee shall be automatically shall not be debatable. The vote on passage
move that the House of Representatives dis- discharged from consideration of the Com- of the Commission joint resolution in the
charge the committee from further consider- mission joint resolution, and the Commis- Senate shall be considered to be the vote on
ation of the Commission joint resolution. sion joint resolution shall be placed on the passage of the Commission joint resolution
Such a motion shall not be in order after the appropriate calendar. received from the House of Representatives.
last committee authorized to consider the (C) PROCEEDING.—Notwithstanding rule (C) VETOES.—If the President vetoes a
Commission joint resolution reports it to the XXII of the Standing Rules of the Senate, it Commission joint resolution, consideration
House of Representatives or after the House is in order, not later than 2 days of session of a veto message in the Senate under this
of Representatives has disposed of a motion after the date on which a Commission joint subparagraph shall be 10 hours equally di-
to discharge the Commission joint resolu- resolution is reported or discharged from all vided between the majority and minority
tion. The previous question shall be consid- committees to which the Commission joint leaders of the Senate or the designees of the
ered as ordered on the motion to its adoption resolution was referred, for the majority majority and minority leaders of the Senate.
without intervening motion, except 20 min- leader of the Senate or the designee of the (8) EXERCISE OF RULEMAKING POWER.—This
utes of debate equally divided and controlled majority leader to move to proceed to the subsection is enacted by Congress—
by the proponent and an opponent. If such a consideration of the Commission joint reso- (A) as an exercise of the rulemaking power
motion is adopted, the House of Representa- lution. It shall also be in order for any Mem- of the Senate and House of Representatives,
tives shall proceed immediately to consider ber of the Senate to move to proceed to the respectively, and, as such—
the Commission joint resolution in accord- consideration of the Commission joint reso- (i) it is deemed a part of the rules of each
ance with subparagraphs (C) and (D). A mo- lution at any time after the conclusion of House, respectively, but applicable only with
tion to reconsider the vote by which the mo- such 2-day period. A motion to proceed is in respect to the procedure to be followed in
tion is disposed of shall not be in order. order even though a previous motion to the that House in the case of a Commission joint
(C) PROCEEDING TO CONSIDERATION.—After same effect has been disagreed to. All points resolution; and
the last committee authorized to consider a of order against the motion to proceed to the (ii) it supersedes other rules only to the ex-
Commission joint resolution reports it to the Commission joint resolution are waived. The tent that it is inconsistent with such rules;
House of Representatives or has been dis- motion to proceed shall not be debatable. and
charged (other than by motion) from its con- The motion is not subject to a motion to (B) with full recognition of the constitu-
sideration, it shall be in order to move to postpone. A motion to reconsider the vote by tional right of either House to change the
proceed to consider the Commission joint which the motion is agreed to or disagreed to rules (so far as relating to the procedure of
resolution in the House of Representatives. shall not be in order. If a motion to proceed that House) at any time, in the same man-
Such a motion shall not be in order after the to the consideration of the Commission joint ner, and to the same extent as in the case of
House of Representatives has disposed of a resolution is agreed to, the Commission joint any other rule of that House.
motion to proceed with respect to the Com- resolution shall remain the unfinished busi-
mission joint resolution. The previous ques- ness until disposed of. All points of order ---
tion shall be considered as ordered on the against a Commission joint resolution and SA 6567. Ms. KLOBUCHAR (for her-
motion to its adoption without intervening against consideration of the Commission
self and Mr. GRASSLEY) submitted an
motion. A motion to reconsider the vote by joint resolution are waived.
which the motion is disposed of shall not be (D) NO AMENDMENTS.—An amendment to a amendment intended to be proposed to
in order. Commission joint resolution, a motion to amendment SA 6552 proposed by Mr.
(D) CONSIDERATION.—The Commission joint postpone, a motion to proceed to the consid- LEAHY to the bill H.R. 2617, to amend
resolution shall be considered as read. All eration of other business, or a motion to re- section 1115 of title 31, United States
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points of order against the Commission joint commit the Commission joint resolution, is
resolution and against its consideration are not in order. Code, to amend the description of how
waived. The previous question shall be con- (E) RULINGS OF THE CHAIR ON PROCEDURE.— performance goals are achieved, and
sidered as ordered on the Commission joint Appeals from the decisions of the Chair re- for other purposes; which was ordered
resolution to its passage without intervening lating to the application of the rules of the to lie on the table; as follows:
motion, except 2 hours of debate equally di- Senate, as the case may be, to the procedure
vided and controlled by the proponent and an relating to a Commission joint resolution At the appropriate place, insert the fol-
opponent and 1 motion to limit debate on the shall be decided without debate. lowing:
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9637
DIVISIONll—AMERICAN INNOVATION that has the ability to restrict or materially covered platform on the purchase or use of
AND CHOICE ONLINE impede the access of— other products or services offered by the cov-
SEC. 101. SHORT TITLE. (A) a business user to the users or cus- ered platform operator that are not part of
This division may be cited as the ‘‘Amer- tomers of the business user; or or intrinsic to the covered platform;
ican Innovation and Choice Online Act’’. (B) a business user to a tool or service that (6) use nonpublic data that are obtained
SEC. 102. DEFINITIONS. the business user needs to effectively serve from or generated on the covered platform
(a) IN GENERAL.—In this division: the users or customers of the business user. by the activities of a business user or by the
(1) ANTITRUST LAWS; PERSON.—The terms (7) DATA.—The term ‘‘data’’ includes infor- interaction of a covered platform user with
‘‘antitrust laws’’ and ‘‘person’’ have the mation that is collected by or provided to a the products or services of a business user to
meanings given the terms in subsection (a) covered platform or business user that is offer, or support the offering of, the products
of the first section of the Clayton Act (15 linked, or reasonably linkable, to a specific— or services of the covered platform operator
U.S.C. 12). (A) user or customer of the covered plat- that compete or would compete with prod-
(2) BUSINESS USER.—The term ‘‘business form; or ucts or services offered by business users on
user’’— (B) user or customer of a business user. the covered platform;
(A) means a person that uses or is likely to (8) FOREIGN ADVERSARY.—The term ‘‘for- (7) materially restrict or impede a business
use a covered platform for the advertising, eign adversary’’ has the meaning given the user from accessing data generated on the
sale, or provision of products or services, in- term in section 8(c) of the Secure and Trust- covered platform by the activities of the
cluding such persons that are operating a ed Communications Networks Act of 2019 (47 business user, or through an interaction of a
covered platform or are controlled by a cov- U.S.C. 1607(c)). covered platform user with the products or
ered platform operator; and (9) ONLINE PLATFORM.—The term ‘‘online services of the business user, such as by es-
(B) does not include a person that— platform’’— tablishing contractual or technical restric-
(i) is a clear national security risk; or (A) means a website, online or mobile ap- tions that prevent the portability by the
(ii) is controlled by the Government of the plication, operating system, digital assist- business user to other systems or applica-
People’s Republic of China or the govern- ant, or online service that enables— tions of the data of the business user;
ment of a foreign adversary. (i) a user to generate or share content that (8) materially restrict or impede covered
(3) COMMISSION.—The term ‘‘Commission’’ can be viewed by other users on the platform platform users from uninstalling software
means the Federal Trade Commission. or to interact with other content on the applications that have been preinstalled on
(4) CONTROL.—The term ‘‘control’’ means, platform; the covered platform or changing default
with respect to a person— (ii) the offering, advertising, sale, pur- settings that direct or steer covered plat-
(A) holding 25 percent or more of the stock chase, or shipping of products or services, in- form users to products or services offered by
of the person; cluding software applications, between and the covered platform operator, unless nec-
(B) having the right to 25 percent or more among consumers or businesses not con- essary—
of the profits of the person; trolled by the platform operator; or (A) for the security or functioning of the
(C) in the event of the dissolution of the (iii) user searches or queries that access or covered platform; or
person, having the right to 25 percent or display a volume of information; and (B) to prevent data from the covered plat-
more of the assets of the person; (B) does not include a service by wire or form operator or another business user from
(D) if the person is a corporation, having radio that provides the capability to trans- being transferred to the Government of the
the power to designate 25 percent or more of mit data to and receive data from all or sub- People’s Republic of China or the govern-
the directors of the person; stantially all internet endpoints, including ment of a foreign adversary;
(E) if the person is a trust, having the any capabilities that are incidental to and (9) in connection with any covered plat-
power to designate 25 percent or more of the enable the operation of the communications form user interface, including search or
trustees; or service. ranking functionality offered by the covered
(F) otherwise exercising substantial con- (10) STATE.—The term ‘‘State’’ means a platform, treat the products, services, or
trol over the person. State, the District of Columbia, the Com- lines of business of the covered platform op-
(5) COVERED PLATFORM.—The term ‘‘cov- monwealth of Puerto Rico, and any other erator more favorably relative to those of
ered platform’’ means an online platform territory or possession of the United States. another business user and in a manner that
that— (b) REGULATIONS.—Not later than 180 days is inconsistent with the neutral, fair, and
(A) has been designated as a covered plat- after the date of enactment of this division, nondiscriminatory treatment of all business
form under section 103(d); the Commission, with the concurrence of the users; or
(B) is owned or controlled by a person Department of Justice, shall promulgate reg- (10) retaliate against any business user or
that— ulations in accordance with section 553 of covered platform user that raises good-faith
(i) at any point during the 12 months pre- title 5, United States Code, to define the concerns with any law enforcement author-
ceding a designation under section 103(d) or term data for the purpose of implementing ity about actual or potential violations of
the 12 months preceding the filing of a com- and enforcing this division. State or Federal law on the covered platform
plaint for an alleged violation of this divi- SEC. 103. UNLAWFUL CONDUCT. or by the covered platform operator.
sion has at least— (a) IN GENERAL.—It shall be unlawful for a (b) AFFIRMATIVE DEFENSES.—
(I) 50,000,000 United States-based monthly person operating a covered platform in or af- (1) IN GENERAL.—It shall be an affirmative
active users on the online platform; or fecting commerce to— defense to an action under subsection (a) if
(II) 100,000 United States-based monthly (1) preference the products, services, or the defendant establishes that the conduct
active business users on the online platform; lines of business of the covered platform op- was reasonably tailored and reasonably nec-
(ii) during— erator over those of another business user on essary, such that the conduct could not be
(I) the 2 years preceding a designation the covered platform in a manner that would achieved through materially less discrimina-
under section 103(d), or the 2 years preceding materially harm competition; tory means, to—
the filing of a complaint for an alleged viola- (2) limit the ability of the products, serv- (A) prevent a violation of, or comply with,
tion of this division— ices, or lines of business of another business Federal or State law;
(aa) at any point, is owned or controlled by user to compete on the covered platform rel- (B) protect safety, user privacy, the secu-
a person with United States net annual sales ative to the products, services, or lines of rity of nonpublic data, or the security of the
of greater than $550,000,000,000, adjusted for business of the covered platform operator in covered platform; or
inflation on the basis of the Consumer Price a manner that would materially harm com- (C) maintain or substantially enhance the
Index; or petition; core functionality of the covered platform.
(bb) during any 180-day period during the 2- (3) discriminate in the application or en- (2) ADDITIONAL AFFIRMATIVE DEFENSES.—It
year period, has an average market capital- forcement of the terms of service of the cov- shall be an affirmative defense to an action
ization greater than $550,000,000,000, adjusted ered platform among similarly situated busi- under paragraph (4), (5), (6), (7), (8), (9), or (10)
for inflation on the basis of the Consumer ness users in a manner that would materi- of subsection (a) if the defendant establishes
Price Index; or ally harm competition; that the conduct has not resulted in and
(II) the 12 months preceding a designation (4) materially restrict, impede, or unrea- would not result in material harm to com-
under section 103(d), or at any point during sonably delay the capacity of a business user petition.
the 12 months preceding the filing of a com- to access or interoperate with the same plat- (3) EFFECT OF OTHER LAWS.—Notwith-
plaint for an alleged violation of this divi- form, operating system, or hardware or soft- standing any other provision of law, whether
sion, has at least 1,000,000,000 worldwide ware features that are available to the prod- user conduct would constitute a violation of
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monthly active users on the online platform; ucts, services, or lines of business of the cov- section 1030 of title 18, United States Code,
and ered platform operator that compete or shall have no effect on whether the defend-
(iii) is a critical trading partner for the would compete with products or services of- ant has established an affirmative defense
sale or provision of any product or service of- fered by business users on the covered plat- under this division.
fered on or directly related to the online form, except where such access would lead to (4) BURDEN OF PROOF.—The defendant has
platform. a significant cybersecurity risk; the burden of proving an affirmative defense
(6) CRITICAL TRADING PARTNER.—The term (5) condition access to the covered plat- under this subsection by a preponderance of
‘‘critical trading partner’’ means a person form or preferred status or placement on the the evidence.
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S9638 CONGRESSIONAL RECORD — SENATE December 20, 2022
(c) ENFORCEMENT.— serious questions going to the merits to the consent of a covered platform user prior
(1) IN GENERAL.—Except as otherwise pro- make them fair ground for litigation, that a to providing access to the nonpublic, person-
vided in this division— covered platform operator violated this divi- ally identifiable information of the user to a
(A) the Commission shall enforce this divi- sion; covered platform user under that subsection;
sion in the same manner, by the same (bb) that the conduct alleged to violate (v) in a manner that would likely result in
means, and with the same jurisdiction, pow- this division materially impairs the ability data on the covered platform or data from
ers, and duties as though all applicable of business users to compete with the cov- another business user being transferred to
terms of the Federal Trade Commission Act ered platform operator; and the Government of the People’s Republic of
(15 U.S.C. 41 et seq.) were incorporated into (cc) a temporary injunction would be in China or the government of a foreign adver-
and made a part of this division; the public interest. sary; or
(B) the Department of Justice shall enforce (III) DURATION.—A temporary injunction (vi) to impose liability on a covered plat-
this division in the same manner, by the under this clause shall expire not later than form operator solely for offering—
same means, and with the same jurisdiction, the date that is 120 days after the date on (I) full end-to-end encrypted messaging or
powers, and duties as though all applicable which a complaint under this subsection is full end-to-end encrypted communication
terms of the Sherman Act (15 U.S.C. 1 et filed. products or services; or
seq.), Clayton Act (15 U.S.C. 12 et seq.), and (IV) TERMINATION.—The court shall termi- (II) a fee-for-service subscription that pro-
Antitrust Civil Process Act (15 U.S.C. 1311 et nate a temporary injunction under this vides benefits to covered platform users on
seq.) were incorporated into and made a part clause if the covered platform operator dem- the covered platform.
of this division; and onstrates that— (B) COPYRIGHT AND TRADEMARK VIOLA-
(C) any attorney general of a State shall (aa) the Commission, the Department of TIONS.—An action taken by a covered plat-
enforce this division in the same manner, by Justice, or the attorney general of the State form operator that is reasonably tailored to
the same means, and with the same jurisdic- seeking relief under this subsection has not protect the rights of third parties under sec-
tion, powers, and duties as though all appli- taken reasonable steps to investigate wheth- tion 106, 1101, 1201, or 1401 of title 17, United
cable terms of the Sherman Act (15 U.S.C. 1 er a violation has occurred; or States Code, or rights actionable under sec-
et seq.) and the Clayton Act (15 U.S.C. 12 et (bb) allowing the temporary injunction to tion 32 or 43 of the Act entitled ‘‘An Act to
seq.) were incorporated into and made a part continue would harm the public interest. provide for the registration and protection of
of this division. (V) OTHER EQUITABLE RELIEF.—Nothing in trademarks used in commerce, to carry out
(2) COMMISSION INDEPENDENT LITIGATION AU- this clause shall prevent or limit the Com- the provisions of certain international con-
THORITY.—If the Commission has reason to mission, the Department of Justice, or any ventions, and for other purposes’’, approved
believe that a person violated this division, attorney general of any State from seeking July 5, 1946 (commonly known as the
the Commission may commence a civil ac- other equitable relief, including the relief ‘‘Lanham Act’’ or the ‘‘Trademark Act of
tion, in its own name by any of its attorneys provided in this paragraph. 1946’’) (15 U.S.C. 1114, 1125), or corollary State
designated by it for such purpose, to recover (D) FORFEITURE FOR REPEAT OFFENDERS.— law, shall not be considered unlawful con-
a civil penalty and seek other appropriate re- (i) IN GENERAL.—If a person has engaged in duct under subsection (a).
lief in a district court of the United States. a pattern or practice of violating this divi- (d) COVERED PLATFORM DESIGNATION.—
(3) PARENS PATRIAE.—Any attorney general sion, the court shall consider requiring, and (1) IN GENERAL.—The Commission and the
of a State may bring a civil action in the may order, that the chief executive officer of
Department of Justice may jointly, with
name of such State for a violation of this di- the person, and any other corporate officer
concurrence of the other, designate an online
vision as parens patriae on behalf of natural of the person as appropriate to deter viola-
platform as a covered platform for the pur-
persons residing in such State, in any dis- tions of this division, forfeit to the United
pose of implementing and enforcing this di-
trict court of the United States having juris- States Treasury any compensation received
vision, which shall—
diction of the defendant for any form of re- by that chief executive officer or corporate
(A) be based on a finding that the criteria
lief provided for in this section. officer during the 12 months preceding the
set forth in section 102(a)(5)(B) are met;
(4) ENFORCEMENT IN FEDERAL DISTRICT filing of a complaint for an alleged violation
(B) be issued in writing and published in
COURT.—The Commission, Department of of this division.
Justice, or any attorney general of a State (ii) FORFEITURE PROCESS.—Prior to order- the Federal Register; and
shall only be able to enforce this division ing any chief executive officer or corporate (C) except as provided in paragraph (2),
through a civil action brought before a dis- officer to forfeit compensation under sub- apply for a 7-year period beginning on the
trict court of the United States. section (I), the court shall provide such chief date on which the designation is issued, re-
(5) PREPONDERANCE OF THE EVIDENCE.—The executive officer or corporate officer with gardless of whether there is a change in con-
Department of Justice, the Commission, or reasonable notice that the court is consid- trol or ownership over the covered platform.
the attorney general of a State shall estab- ering ordering forfeiture under this section (2) REMOVAL OF COVERED PLATFORM DES-
lish a violation of this section by a prepon- and provide an opportunity for such chief ex- IGNATION.—The Commission or the Depart-
derance of the evidence. ecutive officer or corporate officer to appear ment of Justice shall—
(6) REMEDIES.— and be heard before the court at a hearing on (A) consider whether a designation of a
(A) IN GENERAL.—The remedies provided in such potential forfeiture. covered platform under paragraph (1) should
this paragraph are in addition to, and not in (7) STATUTE OF LIMITATIONS.—A proceeding be removed prior to the expiration of the 7-
lieu of, any other remedy available under for a violation of this section may be com- year period if the covered platform operator
Federal or State law. menced not later than 6 years after such vio- files a request with the Commission or the
(B) CIVIL PENALTY.—Any person who vio- lation occurs. Department of Justice that shows that the
lates this division shall forfeit and pay to (8) RULES OF CONSTRUCTION.— online platform no longer meets the criteria
the United States a civil penalty in an (A) IN GENERAL.—Nothing in subsection (a) set forth in section 102(a)(5)(B);
amount that is sufficient to deter violations may be construed— (B) determine whether to grant a request
of this division, but not greater than 10 per- (i) to require a covered platform operator submitted under subparagraph (A) not later
cent of the total United States revenue of to divulge or license any intellectual prop- than 120 days after the date on which the re-
the person for the period of time the viola- erty, including any trade secrets, business quest is filed;
tion occurred. secrets, or other confidential proprietary (C) obtain the concurrence of the Commis-
(C) INJUNCTIONS.— business processes, owned by or licensed to sion or the Department of Justice, as appro-
(i) IN GENERAL.—The Department of Jus- the covered platform operator; priate, before granting a request submitted
tice, the Commission, or the attorney gen- (ii) to prevent a covered platform operator under subparagraph (A); and
eral of any State may seek, and the court from asserting its preexisting rights under (D) publish any decision to grant or deny
may order, relief in equity as necessary to intellectual property law to prevent the un- removal of a covered platform designation in
prevent, restrain, or prohibit violations of authorized use of any intellectual property the Federal Register.
this division. owned by or duly licensed to the covered (3) JUDICIAL REVIEW.—Any person operating
(ii) TEMPORARY INJUNCTIONS.— platform operator; an online platform that has been designated
(I) IN GENERAL.—The Commission, Depart- (iii) to require a covered platform operator as a covered platform under paragraph (1) or
ment of Justice, or any attorney general of to interoperate or share data with persons or whose request for removal of such a designa-
a State may seek a temporary injunction re- business users that are on any list main- tion under paragraph (2) is denied may, with-
quiring the covered platform operator to tained by the Federal Government by which in 30 days of the issuance of such designation
take or stop taking any action for not more entities— or decision, petition for review of such des-
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than 120 days. (I) are identified as limited or prohibited ignation or decision in the United States
(II) GRANT.—The court may grant a tem- from engaging in economic transactions as Court of Appeals for the District of Columbia
porary injunction under this clause if the part of United States sanctions or export- Circuit.
Commission, the Department of Justice, or control regimes; or SEC. 104. ENFORCEMENT GUIDELINES.
the attorney general of a State, as applica- (II) have been identified as national secu- (a) IN GENERAL.—Not later than 270 days
ble, demonstrates— rity, intelligence, or law enforcement risks; after the date of enactment of this Act, the
(aa) there is a plausible claim, supported (iv) to prohibit a covered platform oper- Commission and the Department of Justice,
by substantial evidence raising sufficiently ator from promptly requesting and obtaining in consultation with other relevant Federal
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9639
agencies and State attorneys general, shall SEC. 102. DEFINITIONS. thorized by the laws of the United States,
jointly issue agency enforcement guidelines In this division: the laws of any of territory of the United
outlining policies and practices relating to (1) ACCESS.—The term ‘‘access’’ means ac- States, the laws of any State, the laws of the
conduct that may materially harm competi- quiring, crawling, or indexing content. District of Columbia, or the laws of any for-
tion under section 103(a), agency interpreta- (2) ANTITRUST LAWS.—The term ‘‘antitrust eign country.
tions of the affirmative defenses under sec- laws’’— (10) PRICING, TERMS, AND CONDITIONS.—The
tion 103(b), and policies for determining the (A) has the meaning given the term in sub- term ‘‘pricing, terms, and conditions’’ does
appropriate amount of a civil penalty to be section (a) of the first section of the Clayton not include any term or condition which re-
sought under section 103(c), with the goal of Act (15 U.S.C. 12); and lates to the use, display, promotion, ranking,
promoting transparency, deterring viola- (B) includes— distribution, curation, suppression, throt-
tions, fostering innovation and procom- (i) section 5 of the Federal Trade Commis- tling, filtering, or labeling of the content or
petitive conduct, and imposing sanctions sion Act (15 U.S.C. 45) to the extent that sec- viewpoint of any person.
proportionate to the gravity of individual tion applies to unfair methods of competi- (11) QUALIFYING PUBLICATION.—The term
violations. tion; and ‘‘qualifying publication’’ means any website,
(b) UPDATES.—The Commission and the De- (ii) any State law (including regulations) mobile application, or other digital service
partment of Justice shall update the joint that prohibits or penalizes the conduct de- that—
guidelines issued under subsection (a) as scribed in, or is otherwise inconsistent with, (A) does not primarily display, provide,
needed to reflect current agency policies and sections 103 or 104. distribute, or offer content generated, cre-
practices, but not less frequently than once (3) COVERED PLATFORM.—The term ‘‘cov- ated, produced, or owned by an eligible
every 4 years beginning on the date of enact- ered platform’’ means an online platform broadcaster or television network; and
ment of this Act. that at any point during the 12 months pre- (B)(i) provides information to an audience
(c) PUBLIC NOTICE AND COMMENT.—Before ceding the formation of a joint negotiation primarily in the United States;
issuing guidelines, or updates to those guide- entity under section 103(a)(1)— (ii) performs a public-information function
lines, under this section, the Commission (A) has at least 50,000,000 United States- comparable to that traditionally served by
and the Department of Justice shall— based monthly active users or subscribers on newspapers and other periodical news publi-
(1) publish proposed guidelines in draft the online platform; cations;
form; and (B) is owned or controlled by a person (iii) engages professionals to create, edit,
(2) provide public notice and opportunity with— produce, and distribute original content con-
for comment for not less than 60 days after (i) United States net annual sales or a mar- cerning local, regional, national, or inter-
the date on which the draft guidelines are ket capitalization greater than national matters of public interest through
published. $550,000,000,000, adjusted for inflation on the activities, including conducting interviews,
(d) OPERATION.—The joint guidelines issued basis of the Consumer Price Index; or observing current events, or analyzing docu-
under this section do not— (ii) not fewer than 1,000,000,000 worldwide ments and other information, and fact
(1) confer any rights upon any person, monthly active users on the online platform; checking through multiple firsthand or sec-
State, or locality; and and ondhand news sources;
(2) operate to bind the Commission, De- (C) is not an organization described in sec- (iv) updates its content on at least a week-
partment of Justice, or any person, State, or tion 501(c)(3) of the Internal Revenue Code of ly basis;
locality to the approach recommended in the 1986. (v) has an editorial process for error cor-
guidelines. (4) ELIGIBLE BROADCASTER.—The term ‘‘eli- rection and clarification, including a trans-
SEC. 105. RULE OF CONSTRUCTION. gible broadcaster’’ means a person that— parent process for reporting errors or com-
Nothing in this division may be construed (A) holds or operates under a license issued plaints to the publication;
to limit— by the Federal Communications Commission (vi)(I) generated at least $100,000 in annual
(1) any authority of the Department of under title III of the Communications Act of revenue from its editorial content in the pre-
Justice or the Commission under the anti- 1934 (47 U.S.C. 301 et seq.); vious calendar year; or
trust laws, section 5 of the Federal Trade (B) engages professionals to create, edit, (II) has an International Standard Serial
Commission Act (15 U.S.C. 45), or any other produce, and distribute original content con- Number assigned to an affiliated periodical
provision of law; or cerning local, regional, national, or inter- before the date of enactment of this Act;
(2) the application of any law. national matters of public interest through (vii) has not less than 25 percent of its edi-
activities including conducting interviews, torial content consisting of information
SEC. 106. SEVERABILITY.
observing current events, analyzing docu- about topics of current local, national, or
If any provision of this division, or the ap-
ments and other information, and fact international public interest;
plication of such provision to any person or
checking through multiple firsthand or sec- (viii) employed not more than 1,500 exclu-
circumstance, is held to be unconstitutional,
ondhand news sources; sive full-time employees during the 12-month
the remainder of this division, and the appli- (C) updates its content on at least a week- period prior to the date of enactment of this
cation of the remaining provisions of this di- ly basis; Act;
vision, to any person or circumstance, shall (D) uses an editorial process for error cor- (ix) is not controlled or wholly or partially
not be affected. rection and clarification, including a trans- owned by an entity that is—
SEC. 107. EFFECTIVE DATE.
parent process for reporting errors or com- (I) a foreign power or an agent of a foreign
(a) IN GENERAL.—Except as provided in plaints to the station; and power, as those terms are defined in section
subsection (b), this division shall take effect (E) is not a television network. 101 of the Foreign Intelligence Surveillance
on the date of enactment of this Act. (5) ELIGIBLE DIGITAL JOURNALISM PRO- Act of 1978 (50 U.S.C. 1801);
(b) EXCEPTION.—Section 103(a) shall take VIDER.—The term ‘‘eligible digital jour- (II)(aa) designated as a foreign terrorist or-
effect on the date that is 1 year after the nalism provider’’ means any eligible pub- ganization pursuant to section 219(a) of the
date of enactment of this Act. lisher or eligible broadcaster that discloses Immigration and Nationality Act (8 U.S.C.
(c) AUTHORITY.—The exception in sub-
its ownership to the public. 1189(a));
section (b) shall not limit the authority of
(6) ELIGIBLE PUBLISHER.—The term ‘‘eligi- (bb) a terrorist organization, as defined in
the Commission or Department of Justice to
ble publisher’’ means any person that pub- section 212(a)(3)(B)(vi)(II) of the Immigration
implement other sections of this division.
--- lishes 1 or more qualifying publications. and Nationality Act (8 U.S.C.
SA 6568. Ms. KLOBUCHAR (for her- (7) NETWORK STATION.—The term ‘‘network 1182(a)(3)(B)(vi)(II));
station’’ means a television broadcast sta- (cc) designated as a specially designated
self and Mr. KENNEDY) submitted an
tion, including any translator station or ter- global terrorist organization under Execu-
amendment intended to be proposed to restrial satellite station that rebroadcasts tive Order 13224 (50 U.S.C. 1701 note; relating
amendment SA 6552 proposed by Mr. all or substantially all of the programming to blocking property and prohibiting trans-
LEAHY to the bill H.R. 2617, to amend broadcast by a network station, that is actions with persons who commit, threaten
section 1115 of title 31, United States owned or operated by, or affiliated with, 1 or to commit, or support terrorism); or
Code, to amend the description of how more television networks. (dd) an affiliate of an entity described in
performance goals are achieved, and (8) ONLINE PLATFORM.—The term ‘‘online item (aa), (bb), or (cc); or
for other purposes; which was ordered platform’’ means a website, online or mobile (III) an entity that has been convicted of
application, operating system, digital assist- violating, or attempting to violate, section
to lie on the table; as follows:
ant, or online service that accesses news ar- 2331, 2332b, or 2339A of title 18, United States
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At the appropriate place, insert the fol- ticles, works of journalism, or other content, Code; and
lowing: or portions thereof, generated, created, pro- (x) is not—
DIVISIONll—JOURNALISM duced, or owned by eligible digital jour- (I) an organization described in section
COMPETITION AND PRESERVATION nalism providers, and aggregates, displays, 501(c)(4) of the Internal Revenue Code of 1986
SEC. 101. SHORT TITLE. provides, distributes, or directs users to such and exempt from tax under section 501(a) of
This division may be cited as the ‘‘Jour- content. such Code;
nalism Competition and Preservation Act of (9) PERSON.—The term ‘‘person’’ includes (II) an organization described in section 527
2022’’. an individual or entity existing under or au- of the Internal Revenue Code of 1986;
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S9640 CONGRESSIONAL RECORD — SENATE December 20, 2022
(III) an organization— eligible digital journalism provider may (B) refuses to designate a representative
(aa) described in section 501(c)(3) of the In- not— with authority to make binding representa-
ternal Revenue Code of 1986 and exempt from (I) rejoin the joint negotiation entity; or tions;
tax under section 501(a) of such Code; and (II) receive any payment under or related (C) refuses to meet and negotiate at rea-
(bb) that is not a public broadcasting enti- to an agreement negotiated by the joint ne- sonable times and locations or otherwise
ty, as defined in section 397 of the Commu- gotiation entity under this section or an ar- causes unreasonable delay;
nications Act of 1934 (47 U.S.C. 397); or bitration decision issued under section 104. (D) refuses to put forth more than a single,
(IV) an organization that is owned or con- (H) TERMINATION.—A joint negotiation en- unilateral proposal;
trolled (directly or indirectly) by 1 or more tity will terminate and cease to exist— (E) fails to respond to a proposal of the
organizations described in subclause (I), (II), (i) when the entity no longer has at least 2 other party, including the reasons for rejec-
or (III). members; tion;
(12) TELEVISION NETWORK.—The term ‘‘tele- (ii) upon a majority vote of its members; or (F) enters into a separate third-party
vision network’’— (iii) upon the expiration or termination of agreement that unreasonably impedes the
(A) means any person that, on February 8, an agreement negotiated under this section party from reaching an agreement with the
1996, offered an interconnected program serv- or an arbitration decision issued under sec- negotiating party; or
ice on a regular basis for 15 or more hours tion 104. (G) refuses to execute a full and written
per week to at least 25 affiliated television (2) NOTICE TO A COVERED PLATFORM TO INI- agreement that has been reached verbally.
licensees in 10 or more States; and TIATE A JOINT NEGOTIATION.— (4) A covered platform is not conducting
(B) does not include any network station (A) IN GENERAL.—A joint negotiation under negotiations in good faith in accordance
that is owned or operated by, or affiliated this section shall commence after a covered with paragraph (1) if the covered platform
with a person described in subparagraph (A). platform receives a notice, sent by or on be- enters into a separate agreement with an eli-
half of a joint negotiation entity. gible digital journalism provider that im-
SEC. 103. FRAMEWORK FOR CERTAIN JOINT NE-
GOTIATIONS. (B) CONTENTS OF NOTICE.—The notice de- pedes the eligible digital journalism provider
scribed in subparagraph (A) shall— from participating in a negotiation under
(a) NOTICE.—
(i) state that the joint negotiation entity this section.
(1) PROCESS TO FORM A JOINT NEGOTIATION
is initiating a negotiation under this section (5) During any negotiation conducted
ENTITY.—
to reach an agreement regarding the pricing, under this section, the joint negotiation en-
(A) IN GENERAL.—An eligible digital jour- tity and the covered platform shall each
nalism provider shall provide public notice terms, and conditions by which the covered
platform may access the content of the eligi- make a reasonable offer regarding the pric-
to announce the opportunity for other eligi- ing, terms, and conditions by which the cov-
ble digital journalism providers to join a ble digital journalism providers that are
members of the joint negotiation entity; ered platform may access the content of the
joint negotiation entity for the purpose of eligible digital journalism providers that are
engaging in joint negotiations with a cov- (ii) identify the eligible digital journalism
providers that are members of the joint ne- members of the joint negotiation entity, sub-
ered platform under this section, regarding stantiated with comprehensive data and
the pricing, terms, and conditions by which gotiation entity; and
(iii) provide the physical mail address methodologies, including expert analysis,
the covered platform may access the content that reflects—
of the eligible digital journalism providers (street address or post office box), telephone
number, and email address of a representa- (A) the pricing, terms, and conditions com-
that are members of the joint negotiation parable to those found in commercial agree-
entity. tive authorized to receive a response to the
notice on behalf of the joint negotiation en- ments between similarly situated entities,
(B) APPLICATION.—During the 60-day period including price, duration, territory, value of
beginning on the date public notice is made tity.
(C) REPLY.—Not later than 30 days after re- data generated directly or indirectly by the
under subparagraph (A), any eligible digital content;
journalism provider may apply to join the ceiving a notice described in subparagraph
(A), the covered platform shall send a reply (B) the fair market value to the covered
joint negotiation entity. platform of having access to the content of
(C) FORMATION.—A joint negotiation entity notice to the authorized representative iden-
tified by or on behalf of the joint negotiation the eligible digital journalism providers that
is established upon the agreement of 2 or are members of the joint negotiation entity
more eligible digital journalism providers, entity to acknowledge receipt of the notice.
(D) NOTICE TO FEDERAL ENFORCERS.—Copies and the resulting incremental contribution
and may create admission criteria for mem- to the revenue of the covered platform, in-
bership unrelated to the size of an eligible of any notice described in subparagraph (A)
shall be filed by or on behalf of the eligible cluding direct and indirect advertising or
digital journalism provider or the views ex- promotional revenues, which shall not be off-
pressed by its content, including criteria to digital journalism providers that are mem-
bers of the joint negotiation entity with the set by any value conferred upon the eligible
limit membership to only eligible publishers digital journalism providers that are mem-
or only eligible broadcasters. Federal Trade Commission and the Assistant
Attorney General in charge of the Antitrust bers of the joint negotiation entity by the
(D) GOVERNANCE.—By a majority vote of its covered platform for aggregating or distrib-
members, a joint negotiation entity formed Division of the Department of Justice not
later than 30 days after the notice is sent to uting their content; and
under this section shall establish rules and (C) the investment of the eligible digital
procedures to govern decision making by the the covered platform.
journalism providers that are members of
entity and each eligible digital journalism (b) CONDUCT OF THE JOINT NEGOTIATIONS.— the joint negotiation entity in producing
provider shall be entitled to 1 vote on any After the date a reply notice is sent under original news and related content, including
matter submitted to a vote of the members. subsection (a)(2)(C), the following shall the number of journalists employed by each.
(E) ADDITIONAL MEMBERS.—After the expi- apply: (c) JOINT WITHHOLDING OF CONTENT.—At
ration of the 60-day period described in sub- (1) Any negotiation conducted under this any point after a notice is sent to the cov-
paragraph (B), an eligible digital journalism section shall be conducted in good faith and ered platform to initiate joint negotiations
provider may apply to join the joint negotia- solely to reach an agreement regarding the under subsection (a)(2), the eligible digital
tion entity, and may be admitted to the pricing, terms, and conditions under which journalism providers that are members of
joint negotiation entity upon a majority the covered platform may access the content the joint negotiation entity may jointly
vote of its members, if the applicant other- of the eligible digital journalism providers. deny the covered platform access to content
wise satisfies any criteria for admission es- (2) No pre-agreement discussions or agree- licensed or produced by such eligible digital
tablished by the joint negotiation entity. ment reached regarding pricing, terms, and journalism providers.
(F) DESIGNATION.—A joint negotiation enti- conditions under this section may address SEC. 104.ARBITRATION FOR ELIGIBLE PUB-
ty may designate agents on a nonexclusive whether or how the covered platform or any LISHERS.
basis— such eligible digital journalism provider— (a) RIGHT TO FINAL OFFER ARBITRATION.—
(i) to engage in negotiations with a covered (A) displays, ranks, distributes, suppresses, (1) IN GENERAL.—If the membership of a
platform conducted under this section; and promotes, throttles, labels, filters, or curates joint negotiation entity consists only of eli-
(ii) to agree to pay or receive payments the content of the eligible digital journalism gible publishers, on or after the date that is
under or related to an agreement negotiated providers; or 180 days after the date negotiations under
under this section or an arbitration decision (B) displays, ranks, distributes, suppresses, section 103 begin, the joint negotiation enti-
issued under section 104. promotes, throttles, labels, filters, or curates ty may initiate a final offer arbitration
(G) OPT-OUT.— the content of any other person. against the covered platform for an arbitra-
(i) IN GENERAL.—After becoming a member (3) A party is not conducting negotiations tion panel to determine the pricing, terms,
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of the joint negotiation entity, an eligible in good faith in accordance with paragraph and conditions by which the content dis-
digital journalism provider may opt out of (1) if the party— played, provided, distributed, or offered by a
the joint negotiation entity at any time be- (A) refuses to negotiate, except where eli- qualifying publication of any eligible pub-
fore notice is sent to the covered platform gible digital journalism providers decide to lisher that is a member of the joint negotia-
under paragraph (2). jointly deny a covered platform access to tion entity will be accessed by the covered
(ii) PROHIBITION ON REJOINING.—If an eligi- content licensed or produced by such eligible platform if the parties are unable to reach an
ble digital journalism provider opts out of a digital journalism providers under sub- agreement and regardless of whether the
joint negotiation entity under clause (i), the section (c); joint negotiation entity, its members, or the
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9641
covered platform complied with the require- fying publication of any eligible publisher (1) IN GENERAL.—Not later than 90 days
ments of section 103(b). that is a member of the joint negotiation en- after the date an award is issued under sub-
(2) EFFECT OF ADDITIONAL MEMBERS.—If an tity will be accessed by the covered plat- section (e), the covered platform shall begin
additional member joins the joint negotia- form, and which shall include the remunera- paying any eligible publisher that was a
tion entity under section 103(a)(1)(E) more tion that the eligible publishers should re- member of the joint negotiation entity par-
than 90 days after the date negotiations ceive from the covered platform for pro- ticipating in the arbitration according to the
under section 103 begin, the joint negotiation grammatic access to the content of the eligi- terms in the final offer selected by the arbi-
entity may not initiate a final offer arbitra- ble publishers that are members of the joint tration panel.
tion under paragraph (1) until 180 days after negotiation entity during the period under (2) DISBURSEMENT.—Payments made under
the date the last member joins the joint ne- negotiation based on the fair market value paragraph (1) shall be dispersed by a claims
gotiation entity. No additional members of such access, which shall include backup administrator to the individual claimants
may join the joint negotiation entity after materials sufficient to permit the other that comprise the joint negotiation entity
the arbitration has commenced. party to replicate the proffered valuation; not later than 60 days after the date the
(b) NOTICE.—The joint negotiation entity (E) no discussion or final offer under this funds were received from the covered plat-
shall provide notice of its intention to ini- section may address whether or how the cov- form.
tiate final offer arbitration under this sec- ered platform or any such eligible digital (g) ENFORCEMENT AND JUDICIAL REVIEW.—
tion to all of the members of the joint nego- journalism provider— (1) IN GENERAL.—An award made under sub-
tiation entity no less than 10 days prior to (i) displays, ranks, distributes, suppresses, section (e) shall be enforceable by the eligi-
initiating such final offer arbitration. promotes, throttles, labels, filters, or curates ble publishers or the covered platform sub-
(c) MEMBERSHIP.—If a joint negotiation en- the content of the eligible digital journalism ject to the award through a civil action
tity initiates final offer arbitration under providers; or brought before a district court of the United
this section, any individual eligible pub- (ii) displays, ranks distributes, suppresses, States.
lisher that is a member of the joint negotia-
promotes, throttles, labels, filters or curates (2) EXPEDITED JUDICIAL PROCESS.—In any
tion entity shall remain a member of the
the content of any other person; and civil action to enforce or seek judicial review
joint negotiation entity until the completion
(F) if applicable, each eligible publisher of an award made under subsection (e), the
of the arbitration, unless the eligible pub-
that is a member of the joint negotiation en- court shall adopt a rebuttable presumption
lisher provides written notice to the joint
negotiation entity of its intention to with- tity shall provide information and data to that good cause exists to prioritize the ac-
draw from the joint negotiation entity with- guide the distribution of remuneration tion under section 1657 of title 28, United
in 7 days of receiving notice under sub- among the members of the joint negotiation States Code.
section (b). entity, including— SEC. 105. LIMITATION OF LIABILITY.
(d) PROCEEDINGS.— (i) any compensation received by the eligi- (a) IN GENERAL.—In accordance with sec-
(1) RULES OF ARBITRATION.—The arbitration ble publisher through commercial agreement tions 103 and 104, it shall not be in violation
shall be decided by a panel of 3 arbitrators prior to commencement of negotiations of the antitrust laws for any eligible digital
under the American Arbitration Associa- under section 103 for access to content by the journalism providers that are members of a
tion’s Commercial Arbitration Rules and Me- covered platform during any part of the pe- joint negotiation entity to—
diation Procedures and the American Arbi- riod under negotiation, which shall be de- (1) jointly deny a covered platform access
tration Association-International Centre for ducted from its allocation accordingly; and to content for which the eligible digital jour-
Dispute Resolution Final Offer Arbitration (ii) spending by the eligible publisher on nalism providers, individually or jointly,
Supplementary Rules, except to the extent news journalists, which are employed for an have the right to negotiate or arbitrate ac-
they conflict with this subsection. average of not fewer than 20 hours per week cess with respect to the covered platform; or
(2) INITIATION OF ARBITRATION.—A final during the calendar quarter by the eligible (2) participate in joint negotiations and ar-
offer arbitration under subsection (a) shall digital journalism provider and are respon- bitration, as members of the joint negotia-
be initiated as provided in Rule R-4 of the sible for gathering, preparing, directing the tion entity, with such covered platform sole-
American Arbitration Association’s Com- recording of, producing, collecting, ly regarding the pricing, terms, and condi-
mercial Arbitration Rules and Mediation photographing, recording, writing, editing, tions under which the covered platform may
Procedures, except that the joint negotiation reporting, presenting, or publishing original access the content for which the eligible dig-
entity initiating the arbitration shall refer news or information that concerns local, re- ital journalism providers, individually or
to this division in its demand for arbitration, gional, national, or international matters of jointly, have the right to negotiate or arbi-
rather than submitting contractual arbitra- public interest in the previous fiscal year, as trate access with respect to the covered plat-
tion provisions. a proportion of its overall budget of the eli- form.
(3) COMMENCEMENT AND FUNDING.— gible digital journalism provider for that pe- (b) SAFE HARBOR.—
(A) COMMENCEMENT.—A final offer arbitra- riod, which shall be used to guide 65 percent (1) ELIGIBLE DIGITAL JOURNALISM PRO-
tion proceeding shall commence 10 days after of the distribution of remuneration among VIDERS.—An eligible digital journalism pro-
the date a final offer arbitration is initiated the members of the joint negotiation entity. vider shall not be in violation of the anti-
under subsection (a). (e) AWARD.— trust laws if the eligible digital journalism
(B) FUNDING.—The cost of administering (1) IN GENERAL.—Not later than 60 days provider participates, as a member of a joint
the arbitration proceeding, including arbi- after the date proceedings commence under negotiation entity, in negotiations under
trator compensation, expenses, and adminis- subsection (d)(3)(A), the arbitration panel section 103 or arbitration under section 104—
trative fees, shall be shared equally between shall issue an award that selects a final offer (A) with a person that is not an eligible
the covered platform and the joint negotia- from 1 of the parties without modification. digital journalism provider, if the eligible
tion entity. (2) REQUIREMENTS.—In issuing an award digital journalism provider reasonably be-
(4) APPOINTMENT OF THE ARBITRATION under paragraph (1), the arbitration panel— lieves that the person is another eligible dig-
PANEL.—The arbitrators shall be appointed (A) may not consider any value conferred ital journalism provider; or
in accordance with the American Arbitration upon any eligible publisher by the covered (B) with a person that is not a covered
Association’s Commercial Arbitration Rules platform for distributing or aggregating its platform, if the eligible digital journalism
and Mediation Procedures. content as an offset to the value created by provider reasonably believes that the person
(5) OTHER REQUIREMENTS.—During a final such eligible publisher; is a covered platform.
offer arbitration proceeding under this sec- (B) shall consider past incremental rev- (2) JOINT NEGOTIATION ENTITIES.—A joint
tion— enue contributions as a guide to the future negotiation entity shall not be in violation
(A) the joint negotiation entity and the incremental revenue contribution by any eli- of the antitrust laws if the joint negotiation
covered platform may demand the produc- gible publisher; entity engages in negotiations under section
tion of documents and information that are (C) shall consider the pricing, terms, and 103 or arbitration under section 104—
nonprivileged, reasonably necessary, and conditions of any available, comparable com- (A) with or on behalf of a person that is not
reasonably accessible without undue ex- mercial agreements between parties grant- an eligible digital journalism provider, if the
pense; ing access to digital content, including pric- joint negotiation entity reasonably believes
(B) documents and information described ing, terms, and conditions relating to price, that the person is an eligible digital jour-
in subparagraph (A) shall be exchanged not duration, territory, the value of data gen- nalism provider; or
later than 30 days after the date the demand erated directly or indirectly by the content (B) with a person that is not a covered
is filed; accounting for any material disparities in platform, if the joint negotiation entity rea-
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(C) rules regarding the admissibility of evi- negotiating power between the parties to sonably believes that the person is a covered
dence applicable in Federal court shall such commercial agreements; and platform.
apply; (D) shall issue a binding, reasoned award, (c) NOTIFICATION OF AGREEMENTS AND ARBI-
(D) the joint negotiation entity and cov- including the factual and economic bases of TRATION DECISIONS.—
ered platform shall each submit a final offer its award, that applies for the number of (1) AGREEMENTS.—The parties to any writ-
proposal for the pricing, terms, and condi- years set forth in the winning proposal, but ten agreement, resulting from a negotiation
tions under which the content displayed, not fewer than 5 years. under section 103 or implementing an arbi-
provided, distributed, or offered by a quali- (f) PAYMENTS PURSUANT TO AWARD.— tration decision issued under section 104,
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S9642 CONGRESSIONAL RECORD — SENATE December 20, 2022
shall file a copy of such agreement with the mation regarding the use of any such funds under subparagraph (A) after the date an
Federal Trade Commission and the Assistant during the prior year to support ongoing and agreement is executed under section 103 or
Attorney General in charge of the Antitrust future operations to maintain or enhance the an arbitration decision is issued under sec-
Division of the Department of Justice not production and distribution of news or infor- tion 104, as applicable, regarding the pricing,
later than 60 days after such agreement is mation that concerns local, regional, na- terms, and conditions by which the covered
executed. tional, or international matters of public in- platform may access the content of the eligi-
(2) ARBITRATION DECISIONS.—The parties to terest, including— ble digital journalism providers that are
any arbitration decision issued under section (A) the amount of funds received under or members of the joint negotiation entity,
104, shall file a copy of such decision with related to each such agreement or decision; may join the joint negotiation entity and be
the Federal Trade Commission and the As- and eligible for the same pricing, terms, and con-
sistant Attorney General in charge of the (B) a good-faith estimate of the amount of ditions by which the covered platform may
Antitrust Division of the Department of Jus- funds that went to news journalists em- access the content of the other eligible dig-
tice not later than 60 days after such deci- ployed for an average of not fewer than 20 ital journalism providers that are members
sion is issued. hours per week during the calendar year by of the joint negotiation entity.
(3) PUBLIC DISCLOSURE.—The Federal Trade the eligible digital journalism provider. (II) NOTICE.—A notice, by or on behalf of
Commission shall make the documents sub- (2) PUBLIC DISCLOSURE.—The Federal Trade the joint negotiation entity, shall be sent to
mitted under this subsection available to the Commission shall make the disclosures sub- the covered platform to identify the eligible
public on the Federal Trade Commission’s mitted under paragraph (1) available to the digital journalism provider that joins the
website. public on the Federal Trade Commission’s joint negotiation entity under subclause (I)
(d) LIMITATION REGARDING THE SCOPE OF website. and that is eligible to receive the same pric-
LIMITATION OF LIABILITY.—No antitrust im- SEC. 107. PRIVATE RIGHTS OF ACTION. ing, terms, and conditions under the agree-
munity shall apply to any negotiations, dis- (a) NEGOTIATIONS.— ment negotiated under section 103 or the ar-
cussions, agreements, or arbitrations relat- (1) IN GENERAL.—Any eligible digital jour- bitration decision issued under section 104,
ing to the use, display, promotion, ranking, nalism provider, either jointly with other el- as applicable, by which the covered platform
distribution, curation, suppression, throt- igible digital journalism providers or may access the content of the other eligible
tling, filtering, or labeling of the content of through an authorized representative, or digital journalism providers that are mem-
the eligible digital journalism provider or of covered platform that participated in nego- bers of the joint negotiation entity.
any other person. The limitation of liability tiations under section 103 may bring a civil (2) COVERED PLATFORMS.—
under this section shall apply only to nego- action in an appropriate district court of the (A) IN GENERAL.—An eligible digital jour-
tiations, discussions, agreements, or arbitra- United States alleging a violation of section nalism provider that is discriminated
tions regarding the pricing, terms, and con- 103(b). against in violation of section 106(a)(2) may
ditions under which the covered platform (2) DAMAGES.—A court shall award dam- bring a civil action in an appropriate district
may access the content of the eligible digital ages to a prevailing plaintiff under this sub- court of the United States against the cov-
journalism provider, not to any discussions section— ered platform.
or agreements that differentiate content (A) approximating the value of the last (B) REMEDIES.—An eligible digital jour-
based on the viewpoint expressed by such reasonable offer of the plaintiff if the defend- nalism provider that prevails under subpara-
content. ant did not conduct negotiations in good graph (A) shall be entitled to—
SEC. 106. NONDISCRIMINATION, RETALIATION, faith in violation of section 103(b)(1); (i) recover the actual damages sustained by
AND TRANSPARENCY. (B) approximating the value of the last the eligible digital journalism provider as a
(a) NONDISCRIMINATION.— reasonable offer of the plaintiff if the defend- result of the discrimination;
(1) JOINT NEGOTIATION ENTITIES.—A joint ant— (ii) injunctive relief on such terms as the
negotiation entity may not discriminate (i) did not conduct negotiations in good court may deem reasonable to prevent or re-
against any eligible digital journalism pro- faith in violation of section 103(b)(1); and strain the covered platform from discrimi-
vider based on the size of the eligible digital (ii) had not yet extended a reasonable nating against the eligible digital journalism
journalism provider or the views expressed offer; or provider; and
by the eligible digital journalism provider’s (C) approximating the value of the plain- (iii) the costs of the suit, including reason-
content. tiff’s last reasonable offer if the defendant able attorneys’ fees.
(2) COVERED PLATFORMS.—No covered plat- did not make a reasonable offer in violation (c) RETALIATION.—
form may discriminate against any eligible of section 103(b)(5). (1) IN GENERAL.—An eligible digital jour-
digital journalism provider that is a member (3) ATTORNEYS FEES.—A court shall award nalism provider that is retaliated against in
of a joint negotiation entity in connection attorney’s fees to the prevailing party under violation of section 106(b)(1) may bring a
with a negotiation conducted under section this subsection. civil action in an appropriate district court
103, or an arbitration conducted under sec- (b) DISCRIMINATION.— of the United States against the covered
tion 104, based on the size of the eligible dig- (1) JOINT NEGOTIATION ENTITIES.— platform.
ital journalism provider or the views ex- (A) IN GENERAL.—An eligible digital jour- (2) REMEDIES.—An eligible digital jour-
pressed by the eligible digital journalism nalism provider that is denied membership nalism provider that prevails in an action
provider’s content. in a joint negotiation entity in violation of under paragraph (1) shall be entitled to—
(b) PROHIBITION ON RETALIATION BY COV- section 106(a)(1) may bring a civil action in (A) recover the actual damages sustained
ERED PLATFORMS.— an appropriate district court of the United by the eligible digital journalism provider as
(1) IN GENERAL.—No covered platform may States against the joint negotiation entity a result of the retaliation;
retaliate against an eligible digital jour- and its members not later than 30 days after (B) injunctive relief on such terms as the
nalism provider for participating in a nego- the date membership is denied. court may deem reasonable to prevent or re-
tiation conducted under section 103, or an ar- (B) REMEDIES.— strain the covered platform from retaliating
bitration conducted under section 104, in- (i) BEFORE AGREEMENT OR ARBITRATION DE- against the eligible digital journalism pro-
cluding by refusing to index content or CISION.—
vider; and
changing the ranking, identification, modi- (I) IN GENERAL.—An eligible digital jour- (C) the costs of the suit, including reason-
fication, branding, or placement of the con- nalism provider that prevails in an action able attorneys’ fees.
tent of the eligible digital journalism pro- under subparagraph (A) before the date an SEC. 108. REPORT.
vider on the covered platform. agreement is executed under section 103 or
(a) STUDY.—The Comptroller General shall
(2) EFFECT OF CONTRACT PROVISIONS.—Any an arbitration decision is issued under sec- study the impact of the joint negotiations
provision in an agreement that restricts an tion 104, as applicable, regarding the pricing, authorized under this division, including a
eligible digital journalism provider from re- terms, and conditions by which the covered summary of the deals negotiated, the impact
ceiving compensation through a negotiation platform may access the content of the eligi- of such deals on local and regional news, the
conducted under section 103 or an arbitration ble digital journalism providers that are effect on the free, open, and interoperable
conducted under section 104 shall be void. members of the joint negotiation entity, Internet including the ability of the public
(c) INVESTING IN JOURNALISM.— may join the joint negotiation entity and to share and access information, and the ef-
(1) IN GENERAL.—Without disclosing con- participate in the negotiation under section fect this division has had on employment for
fidential information regarding the pricing, 103 or the arbitration under section 104, as journalists.
terms, and conditions of an agreement applicable. (b) REPORT.—Not later than 5 years after
reached under section 103, an agreement im- (II) NOTICE.—A notice, by or on behalf of the date of enactment of this Act, the Comp-
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plementing an arbitration decision issued the joint negotiation entity, shall be sent to troller General shall submit to Congress a
under section 104, or an arbitration decision the covered platform to identify the eligible report on the study required under sub-
issued under section 104, or confidential fi- digital journalism provider that joins the ne- section (a).
nancial information, any eligible digital gotiation or arbitration under subclause (I). SEC. 109. SUNSET.
journalism provider that receives funds (ii) AFTER AGREEMENT OR ARBITRATION DE- (a) IN GENERAL.—Except as provided in
under or related to such agreement or arbi- CISION.— subsections (b) and (c), this division shall
tration decision shall provide to the Federal (I) IN GENERAL.—An eligible digital jour- cease to have effect on the date that is 6
Trade Commission, on an annual basis, infor- nalism provider that prevails in an action years after the date of its enactment.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9643
(b) EXCEPTION IN CASE OF INITIATED BUT IN- SA 6572. Mr. SCHUMER proposed an section 1963 of title 18, United States Code,
COMPLETE JOINT NEGOTIATION OR ARBITRA- amendment to the bill H.R. 2617, to which property belonged to, was possessed
TION.—With respect to eligible digital jour- by, or was controlled by a person subject to
amend section 1115 of title 31, United
nalism providers that have initiated but not sanctions and designated by the Secretary of
concluded a negotiation under section 103 or
States Code, to amend the description
the Treasury or the Secretary of State, or
an arbitration under section 104 on or before of how performance goals are achieved, which property was involved in an act in vio-
the sunset date described in subsection (a), and for other purposes; as follows: lation of sanctions enacted pursuant to Ex-
this division shall cease to be effective on At the end add the following: ecutive Order 14024, and as expanded by Ex-
the date such negotiation or arbitration con- SEC. ll. EFFECTIVE DATE. ecutive Order 14066 of March 8, 2022, and re-
cludes or 180 days after the date described in This Act shall take effect on the date that lied on for additional steps taken in Execu-
subsection (a), whichever occurs first. is 4 days after the date of enactment of this tive Order 14039 of August 20, 2021, and Exec-
(c) LIMITATION OF LIABILITY EXCEPTION.— Act. utive Order 14068 of March 11, 2022.
Section 105 shall remain effective without (d) The authority under this section shall
cessation for any— SA 6573. Mr. SCHUMER proposed an apply to any covered forfeited property for-
(1) negotiation conducted or agreement ex- amendment to amendment SA 6572 pro- feited on or before May 1, 2025.
ecuted under section 103; posed by Mr. SCHUMER to the bill H.R.
(2) arbitration conducted or arbitration de- 2617, to amend section 1115 of title 31, SA 6576. Mr. LEE submitted an
cision issued under section 104; or United States Code, to amend the de- amendment intended to be proposed to
(3) agreement implementing an arbitration amendment SA 6552 proposed by Mr.
scription of how performance goals are
decision issued under section 104;
during the period of effectiveness of this di-
achieved, and for other purposes; as fol- LEAHY to the bill H.R. 2617, to amend
vision. lows: section 1115 of title 31, United States
SEC. 110. RULE OF CONSTRUCTION. On page 1, line 3, strike ‘‘4’’ and insert ‘‘5’’. Code, to amend the description of how
(a) ANTITRUST LAWS.—Nothing in this divi- performance goals are achieved, and
sion may be construed to modify, impair, or SA 6574. Mr. SCHUMER proposed an for other purposes; which was ordered
supersede the operation of the antitrust laws amendment to amendment SA 6573 pro- to lie on the table; as follows:
except as otherwise expressly provided in posed by Mr. SCHUMER to the amend- On page 410, after line 25, add the fol-
this division. ment SA 6572 proposed by Mr. SCHUMER lowing:
(b) COPYRIGHT AND TRADEMARK LAW.— to the bill H.R. 2617, to amend section SEC. 8145. The Secretary of the Navy shall
Nothing in this division may be construed to 1115 of title 31, United States Code, to continue to provide pay and allowances to
modify, impair, expand, or in any way alter amend the description of how perform- Lieutenant Ridge Alkonis, United States
rights pertaining to title 17, United States Navy, until such time as the Secretary of the
Code, or the Lanham Act (15 U.S.C. 1051 et
ance goals are achieved, and for other
purposes; as follows: Navy makes a determination with respect to
seq.) the separation of Lieutenant Alkonis from
SEC. 111. SEVERABILITY. On page 1, line 1, strike ‘‘5’’ and insert ‘‘6’’.
the Navy.
If any provision of this division, or the ap-
plication of such provision to any person or SA 6575. Mr. GRAHAM (for himself
and Mr. WHITEHOUSE) submitted an SA 6577. Mr. LANKFORD submitted
circumstance, is held to be unconstitutional,
amendment intended to be proposed to an amendment intended to be proposed
the remainder of this division, and the appli-
cation of the remaining provisions of this di- amendment SA 6552 proposed by Mr. to amendment SA 6558 submitted by
vision to any person or circumstance shall LEAHY to the bill H.R. 2617, to amend Mr. CASSIDY (for himself and Mr.
not be affected. section 1115 of title 31, United States CASEY) and intended to be proposed to
Code, to amend the description of how the amendment SA 6552 proposed by
SA 6569. Mr. BRAUN submitted an Mr. LEAHY to the bill H.R. 2617, to
performance goals are achieved, and
amendment intended to be proposed to for other purposes; which was ordered amend section 1115 of title 31, United
amendment SA 6558 submitted by Mr. to lie on the table; as follows: States Code, to amend the description
CASSIDY (for himself and Mr. CASEY) of how performance goals are achieved,
On page 1857, after line 23, add the fol-
and intended to be proposed to the lowing: and for other purposes; which was or-
amendment SA 6552 proposed by Mr. SEC. 1708. (a) The Attorney General may dered to lie on the table; as follows:
LEAHY to the bill H.R. 2617, to amend transfer to the Secretary of State the pro- Strike section ll7(b) and insert the fol-
section 1115 of title 31, United States ceeds of any covered forfeited property for lowing:
Code, to amend the description of how use by the Secretary of State to provide as- (b) RULE OF CONSTRUCTION.—This division
performance goals are achieved, and sistance to Ukraine to remediate the harms shall not be construed to require a religious
of Russian aggression towards Ukraine. Any entity described in section 702(a) of the Civil
for other purposes; which was ordered
such transfer shall be considered foreign as- Rights Act of 1964 (42 U.S.C. 2000e–1(a)) to
to lie on the table; as follows: sistance under the Foreign Assistance Act of make an accommodation that would violate
Strike section ll6 (relating to a waiver of 1961 (22 U.S.C. 2151 et seq.), including for pur- the entity’s religion (as defined in section
State immunity). poses of making available the administrative 701(j) of such Act (42 U.S.C. 2000e(j))).
authorities and implementing the reporting
SA 6570. Mr. GRASSLEY (for himself requirements contained in that Act.
and Mr. MANCHIN) submitted an amend- SA 6578. Mr. HEINRICH (for Mr.
(b) The Attorney General, in consultation
ment intended to be proposed to with the Secretary of the Treasury and the
MORAN (for himself and Mr. TESTER))
amendment SA 6552 proposed by Mr. Secretary of State, shall provide a semi- proposed an amendment to the bill
LEAHY to the bill H.R. 2617, to amend annual report to the appropriate congres- H.R. 7939, to make permanent certain
section 1115 of title 31, United States sional committees on any transfers made educational assistance benefits under
Code, to amend the description of how pursuant to subsection (a). the laws administered by the Secretary
(c) In this section: of Veterans Affairs in the case of
performance goals are achieved, and (1) The term ‘‘appropriate congressional
for other purposes; which was ordered changes to courses of education by rea-
committees’’ means—
to lie on the table; as follows: son of emergency situations, and for
(A) the Committee on the Judiciary of the
Beginning on page 1930, strike line 12 and Senate; other purposes; as follows:
all that follows through page 1931, line 6. (B) the Committee on Foreign Relations of Strike all after the enacting clause and in-
the Senate; sert the following:
SA 6571. Mr. SCHUMER proposed an (C) the Committee on Finance of the Sen- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
amendment to amendment SA 6552 pro- ate; (a) SHORT TITLE.—This Act may be cited as
posed by Mr. LEAHY to the bill H.R. (D) the Committee on Appropriations of the ‘‘Veterans Auto and Education Improve-
2617, to amend section 1115 of title 31, the Senate; ment Act of 2022’’.
United States Code, to amend the de- (E) the Committee on the Judiciary of the (b) TABLE OF CONTENTS.—The table of con-
House of Representatives; tents for this Act is as follows:
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scription of how performance goals are (F) the Committee on Foreign Affairs of Sec. 1. Short title; table of contents.
achieved, and for other purposes; as fol- the House of Representatives; Sec. 2. Educational assistance benefits dur-
lows: (G) the Committee on Financial Services ing emergency situations.
At the end add the following: of the House of Representatives; and Sec. 3. Extension of time limitations for use
SEC. ll. EFFECTIVE DATE. (H) the Committee on Appropriations of of entitlement.
This Act shall take effect on the date that the House of Representatives. Sec. 4. Extension of payment of vocational
is 1 day after the date of enactment of this (2) The term ‘‘covered forfeited property’’ rehabilitation subsistence al-
Act. means property forfeited under chapter 46 or lowances.
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S9644 CONGRESSIONAL RECORD — SENATE December 20, 2022
Sec. 5. Payment of work-study allowances cational assistance to that individual under fered by distance learning by reason of an
during emergency situations. the laws administered by the Secretary as if emergency or health-related situation, as de-
Sec. 6. Payment of allowances to veterans such negative effects did not occur. termined by the Secretary, the Secretary
enrolled in educational institu- ‘‘(2) The authority under this section is in may continue to provide educational assist-
tions closed for emergency situ- addition to the other authorities of the Sec- ance under the laws administered by the Sec-
ations. retary to provide benefits in emergency situ- retary without regard to such conversion, in-
Sec. 7. Apprenticeship or on-job training re- ations, but in no case may the Secretary pro- cluding with respect to paying any—
quirements. vide more than a total of four weeks of addi- ‘‘(1) monthly housing stipends under chap-
Sec. 8. Prohibition of charge to entitlement tional educational assistance by reason of ter 33 of this title; or
of students unable to pursue a any other such authority and this section. ‘‘(2) payments or subsistence allowances
program of education due to an ‘‘(b) HOUSING AND ALLOWANCES.—In pro- under chapters 30, 31, 32, and 35 of this title
emergency situation. viding educational assistance to an indi- and chapter 1606 of title 10.
Sec. 9. Department of Veterans Affairs ap- vidual pursuant to subsection (a), the Sec- ‘‘§ 3604. Effects of closure of educational insti-
proval of certain study-abroad retary may— tution and modification of courses by rea-
programs. ‘‘(1) continue to pay a monthly housing sti- son of emergency situation
Sec. 10. Eligibility for educational assist- pend under chapter 33 of this title, during a
‘‘(a) CLOSURE OR DISAPPROVAL.—Any pay-
ance under Department of Vet- month the individual would have been en-
ment of educational assistance described in
erans Affairs Post-9/11 Edu- rolled in a program of education or training
subsection (b) shall not—
cational Assistance Program of but for the emergency situation at the same
‘‘(1) be charged against any entitlement to
certain individuals who receive rate such stipend would have been payable if
educational assistance of the individual con-
sole survivorship discharges. the individual had not been negatively af-
cerned; or
Sec. 11. Uniform application for Department fected by the emergency situation, except
‘‘(2) be counted against the aggregate pe-
of Veterans Affairs approval of that the total number of weeks for which sti-
riod for which section 3695 of this title limits
courses of education. pends may continue to be so payable may
the receipt of educational assistance by such
Sec. 12. Notice requirements for Department not exceed four weeks; and
individual.
of Veterans Affairs education ‘‘(2) continue to pay payments or subsist-
‘‘(b) EDUCATIONAL ASSISTANCE DESCRIBED.—
surveys. ence allowances under chapters 30, 31, 32, 33,
Subject to subsection (d), the payment of
Sec. 13. Exception to requirement to submit and 35 of this title and chapter 1606 of title
educational assistance described in this sub-
verification of enrollment of 10 during a month for a period of time that
section is the payment of such assistance to
certain individuals. the individual would have been enrolled in a
an individual for pursuit of a course or pro-
Sec. 14. Expansion of eligibility for self-em- program of education or training but for the
gram of education at an educational institu-
ployment assistance under vet- emergency situation, except that the total
tion under chapter 30, 31, 32, 33, or 35 of this
eran readiness and employment number of weeks for which payments or al-
title or chapter 1606 of title 10, if the Sec-
program. lowances may continue to be so payable may
retary determines that the individual—
Sec. 15. Possible definitions of certain terms not exceed four weeks.
‘‘(1) was unable to complete such course or
relating to educational assist- ‘‘(c) DETERMINATION OF NEGATIVE EF-
program as a result of—
ance. FECTS.—The Secretary shall determine that
‘‘(A) the closure of the educational institu-
Sec. 16. Extension of certain limits on pay- an individual was negatively affected by an
tion, or the full or partial cancellation of a
ments of pension. emergency situation if—
course or program of education, by reason of
Sec. 17. Termination of certain consumer ‘‘(1) the individual is enrolled in a covered
an emergency situation; or
contracts by servicemembers program of education of an educational in-
‘‘(B) the disapproval of the course or a
and dependents who enter into stitution or enrolled in training at a training
course that is a necessary part of that pro-
contracts after receiving mili- establishment and is pursuing such program
gram under this chapter because the course
tary orders for permanent or training using educational assistance
was modified by reason of such emergency;
change of station but then re- under the laws administered by the Sec-
and
ceive stop movement orders due retary;
‘‘(2) did not receive credit or lost training
to an emergency situation. ‘‘(2) the educational institution or training
time, toward completion of the program of
Sec. 18. Residence for tax purposes. establishment certifies to the Secretary that
education being so pursued.
Sec. 19. Portability of professional licenses such program or training is truncated, de-
‘‘(c) HOUSING ASSISTANCE.—In this section,
of members of the uniformed layed, relocated, canceled, partially can-
educational assistance includes, as applica-
services and their spouses. celed, converted from being on-site to being
ble—
Sec. 20. Provision of nonarticulating trailers offered by distance learning, or otherwise
‘‘(1) monthly housing stipends payable
as adaptive equipment. modified or made unavailable by reason of
under chapter 33 of this title for any month
Sec. 21. Eligibility for Department of Vet- the emergency situation; and
the individual would have been enrolled in a
erans Affairs provision of addi- ‘‘(3) the Secretary determines that the
course or program of education; and
tional automobile or other con- modification to such program or training
‘‘(2) payments or subsistence allowances
veyance. specified under paragraph (2) would reduce
under chapters 30, 31, 32, and 35 of this title
Sec. 22. Department of Veterans Affairs the amount of educational assistance (in-
and chapter 1606 of title 10 during a month
treatment of certain vehicle cluding with respect to monthly housing sti-
the individual would have been enrolled in a
modifications as medical serv- pends, payments, or subsistence allowances)
course or program of education.
ices. that would be payable to the individual but
‘‘(d) PERIOD NOT CHARGED.—The period for
Sec. 23. Determination of budgetary effects. for the emergency situation.
which, by reason of this section, educational
SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS ‘‘(d) EFFECT ON ENTITLEMENT PERIOD.—If
assistance is not charged against entitle-
DURING EMERGENCY SITUATIONS. the Secretary determines that an individual
ment or counted toward the applicable ag-
(a) IN GENERAL.—Chapter 36 of title 38, who received assistance under this section
gregate period under section 3695 of this title
United States Code, is amended— did not make progress toward the comple-
shall not exceed the aggregate of—
(1) by redesignating subchapters I and II as tion of the program of education in which
‘‘(1) the portion of the period of enrollment
subchapters II and III, respectively; and the individual is enrolled during the period
in the course from which the individual did
(2) by inserting before subchapter II, as so for which the individual received such assist-
not receive credit or with respect to which
redesignated, the following new subchapter: ance, any assistance provided pursuant to
the individual lost training time, as deter-
‘‘SUBCHAPTER I—EMERGENCY this section shall not be counted for purposes
mined under subsection (b)(2); and
SITUATIONS of determining the total amount of an indi-
‘‘(2) the period by which a monthly stipend
vidual’s entitlement to educational assist-
‘‘§ 3601. Definition of emergency situation is extended under section 3680(a)(2)(B) of this
ance, housing stipends, or payments or sub-
‘‘In this chapter, the term ‘emergency situ- title.
sistence allowances under chapters 30, 31, 32,
‘‘(e) CONTINUING PURSUIT OF DISAPPROVED
ation’ means a situation that— and 35 of this title and chapter 1606 of title
COURSES.—(1) The Secretary may treat a
‘‘(1) the President declares is an emer- 10.
course of education that is disapproved
gency; and ‘‘§ 3603. Continuation of educational assist- under this chapter as being approved under
‘‘(2) the Secretary determines is an emer- ance benefits for certain programs of edu- this chapter with respect to an individual de-
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gency for purposes of the laws administered cation converted to distance learning by scribed in paragraph (2) if the Secretary de-
by the Secretary. reason of emergency situations termines, on a programmatic basis, that—
‘‘§ 3602. Continuation of educational assist- ‘‘In the case of a program of education ap- ‘‘(A) such disapproval is the result of an
ance benefits during emergency situations proved by a State approving agency, or the action described in subsection (b)(1)(B); and
‘‘(a) AUTHORITY.—(1) If the Secretary deter- Secretary when acting in the role of a State ‘‘(B) continuing pursuing such course is in
mines under subsection (c) that an individual approving agency, that is converted from the best interest of the individual.
is negatively affected by an emergency situ- being offered on-site at an educational insti- ‘‘(2) An individual described in this para-
ation, the Secretary may provide edu- tution or training establishment to being of- graph is an individual who is pursuing a
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9645
course of education at an educational insti- ‘‘3602. Continuation of educational assistance (c) VOCATIONAL REHABILITATION AND TRAIN-
tution under chapter 30, 31, 32, 33, or 35 of benefits during emergency situ- ING.—
this title or chapter 1606 of title 10, as of the ations. (1) PERIOD FOR USE.—Section 3103 of such
date on which the course is disapproved as ‘‘3603. Continuation of educational assistance title is amended—
described in subsection (b)(1)(B). benefits for certain programs of (A) in subsection (a), by striking ‘‘or (g)’’
‘‘(f) STATUS AS FULL-TIME STUDENT FOR education converted to distance and inserting ‘‘(g), or (h)’’; and
PURPOSES OF HOUSING STIPEND CALCULA- learning by reason of emer- (B) by adding at the end the following new
TION.—In the case of an individual who, as of gency situations. subsection:
the first day of an emergency situation was ‘‘3604. Effects of closure of educational insti- ‘‘(h) In any case in which the Secretary de-
enrolled on a full-time basis in a program of tution and modification of termines that a veteran has been prevented
education and was receiving educational as- courses by reason of emergency from participating in a vocational rehabili-
sistance under chapter 33 of this title or sub- situation. tation program under this chapter within
sistence allowance under chapter 31 of this ‘‘3605. Payment of educational assistance in the 12-year period of eligibility prescribed in
title, and for whom the Secretary makes a cases of withdrawal.’’. subsection (a) due to an emergency situa-
determination under subsection (b), the indi- (c) CONFORMING REPEALS.—The following tion, such 12-year period—
provisions of law are repealed: ‘‘(1) shall not run during the period the in-
vidual shall be treated as an individual en-
(1) Sections 1102, 1103, and 1104 of the John- dividual is so prevented from participating
rolled in a program of education on a full-
ny Isakson and David P. Roe, M.D. Veterans such program; and
time basis for the purpose of calculating
Health Care and Benefits Improvement Act ‘‘(2) shall again begin running on the first
monthly housing stipends payable under
of 2020 (Public Law 116–315). day after the individual is able to resume
chapter 33 of this title, or subsistence allow-
(2) Public Law 116–128. participation in such program.’’.
ance payable under chapter 31 of this title,
SEC. 3. EXTENSION OF TIME LIMITATIONS FOR (2) DURATION OF PROGRAM.—Section 3105(b)
for any month the individual is enrolled in
USE OF ENTITLEMENT. of such title is amended—
the program of education on a part-time
(a) MONTGOMERY BI BILL.—Section 3031 of (A) in paragraph (1), by striking ‘‘para-
basis to complete any course of education
title 38, United States Code, is amended by graph (2)’’ and inserting ‘‘paragraphs (2) and
that was partially or fully canceled by rea-
adding at the end the following new sub- (3)’’; and
son of the emergency situation.
section: (B) by adding at the end the following new
‘‘(g) NOTICE OF CLOSURES.—Not later than ‘‘(i) In the case of an individual eligible for paragraph:
five business days after the date on which educational assistance under this chapter ‘‘(3)(A) In any case in which the Secretary
the Secretary receives notice that an edu- who is prevented from pursuing the individ- determines that a veteran has been pre-
cational institution will close or is closed by ual’s chosen program of education before the vented from participating in counseling and
reason of an emergency situation, the Sec- expiration of the 10-year period for the use of placement and postplacement services de-
retary shall provide to each individual who entitlement under this chapter otherwise ap- scribed in paragraphs (2) and (5) of section
is enrolled in a course or program of edu- plicable under this section because the edu- 3104(a) of this title due to an emergency situ-
cation at such educational institution using cational institution or training establish- ation, the Secretary shall extend the period
entitlement to educational assistance under ment closed (temporarily or permanently) during which the Secretary may provide
chapter 30, 31, 32, 33, or 35 of this title, or under an established policy based on an Ex- such counseling and placement and
chapter 1606 of title 10 notice of— ecutive order of the President or due to an postplacement services for the veteran for a
‘‘(1) such closure and the date of such clo- emergency situation, such 10-year period— period equal to the number of months that
sure; and ‘‘(1) shall not run during the period the in- the veteran was so prevented from partici-
‘‘(2) the effect of such closure on the indi- dividual is so prevented from pursuing such pating in such counseling and services, as de-
vidual’s entitlement to educational assist- program; and termined by the Secretary.
ance pursuant to this section. ‘‘(2) shall again begin running on the first ‘‘(B) In any case in which the Secretary de-
‘‘§ 3605. Payment of educational assistance in day after the individual is able to resume termines that a veteran has been prevented
cases of withdrawal from participating in a vocational rehabili-
pursuit of a program of education with edu-
tation program under this chapter due to an
‘‘(a) IN GENERAL.—In the case of any indi- cational assistance under this chapter.’’.
(b) POST-9/11 EDUCATIONAL ASSISTANCE.— emergency situation, the Secretary shall ex-
vidual who withdraws from a program of tend the period of the veteran’s vocational
education or training, other than a program (1) IN GENERAL.—Section 3321(b)(1) of such
title is amended— rehabilitation program for a period equal to
by correspondence, in an educational institu- the number of months that the veteran was
tion under chapter 31, 34, or 35 of this title (A) by inserting ‘‘(A)’’ before ‘‘Sub-
so prevented from participating in the voca-
for a covered reason during the period of an sections’’;
tional rehabilitation program, as determined
emergency situation, the Secretary shall (B) in subparagraph (A), as designated by
by the Secretary.’’.
find mitigating circumstances for purposes subparagraph (A), by striking ‘‘and (d)’’ and (d) EDUCATIONAL ASSISTANCE FOR MEMBERS
of section 3680(a)(1)(C)(ii) of this title. inserting ‘‘(d), and (i)’’; and OF THE SELECTED RESERVE.—Section 16133(b)
‘‘(b) COVERED REASON.—In this section, the (C) by adding at the end the following new of title 10, United States Code, is amended by
term ‘covered reason’ means any reason re- subparagraph: adding at the end the following new para-
lated to an emergency situation, including— ‘‘(B) Subsection (i) of section 3031 shall graph:
‘‘(1) illness, quarantine, or social apply with respect to the running of the 15- ‘‘(5) In any case in which the Secretary
distancing requirements; year period described in paragraphs (4)(A) concerned determines that a person entitled
‘‘(2) issues associated with accessibility; and (5)(A) of this subsection in the same to educational assistance under this chapter
‘‘(3) access or availability of childcare; manner as such subsection applies under sec- has been prevented from using such person’s
‘‘(4) providing care for a family member or tion 3031 of this title with respect to the run- entitlement due to an emergency situation,
cohabitants; ning of the 10-year period described in sec- the Secretary concerned shall extend the pe-
‘‘(5) change of location or residence due to tion 3031(a) of this title.’’. riod of entitlement prescribed in subsection
the emergency situation or associated school (2) TRANSFER PERIOD.—Section 3319(h)(5) of (a) for a period equal to the number of
closures; such title is amended— months that the person was so prevented
‘‘(6) employment changes or financial (A) in subparagraph (A), by inserting ‘‘or from using such entitlement, as determined
hardship; and (C)’’ after ‘‘subparagraph (B)’’; and by the Secretary.’’.
‘‘(7) issues associated with changes in for- (B) by adding at the end the following new (e) EMERGENCY SITUATION DEFINED.—
mat or medium of instruction.’’. subparagraph: (1) POST-9/11 EDUCATIONAL ASSISTANCE PRO-
(b) CLERICAL AMENDMENT.—The table of ‘‘(C) EMERGENCY SITUATIONS.—In any case GRAM.—Section 3301 of title 38, United States
sections at the beginning of such chapter is in which the Secretary determines that an Code, is amended—
amended— individual to whom entitlement is trans- (A) by redesignating paragraphs (2)
(1) by striking the item relating to sub- ferred under this section has been prevented through (4) as paragraphs (3) through (5), re-
chapter II and inserting the following new from pursuing the individual’s chosen pro- spectively; and
item: gram of education before the individual at- (B) by inserting after paragraph (1) the fol-
tains the age of 26 years because the edu- lowing new paragraph (2):
‘‘SUBCHAPTER III–MISCELLANEOUS cational institution or training establish- ‘‘(2) The term ‘emergency situation’ has
PROVISIONS’’. ment closed (temporarily or permanently) the meaning given such term in section 3601
(2) by striking the item relating to sub- under an established policy based on an Ex- of this title.’’.
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chapter I and inserting the following new ecutive order of the President or due to an (2) MGIB.—Section 3002 of such title is
item: emergency situation, the Secretary shall ex- amended by adding at the end the following
‘‘SUBCHAPTER II–STATE APPROVING AGENCIES’’. tend the period during which the individual new paragraph:
may use such entitlement for a period equal ‘‘(9) The term ‘emergency situation’ has
(3) by inserting before the item relating to
to the number of months that the individual the meaning given such term in section 3601
subchapter II the following new items:
was so prevented from pursuing the program of this title.’’.
‘‘SUBCHAPTER I–EMERGENCY SITUATIONS of education, as determined by the Sec- (3) VOCATIONAL REHABILITATION AND TRAIN-
‘‘3601. Definition of emergency situation. retary.’’. ING.—
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S9646 CONGRESSIONAL RECORD — SENATE December 20, 2022
(A) IN GENERAL.—Section 3101 of such title ‘‘(3) The term ‘emergency situation’ has that month. Any excess hours applied to a
is amended— the meaning given that term in section 3601 different month under this subparagraph
(i) by redesignating paragraphs (1) through of this title.’’. may only be applied to one such month.
(9) as paragraphs (2) through (10), respec- (b) CONFORMING REPEAL.—Section 3 of the ‘‘(F) This paragraph applies to amounts de-
tively; and Student Veteran Coronavirus Response Act scribed in section 3313(g)(3)(B)(iv) and sec-
(ii) by inserting before paragraph (2), as re- of 2020 (Public Law 116–140) is repealed. tion 3032(c)(2) of this title and section
designated by clause (i), the following new SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS 16131(d)(2) of title 10.
paragraph: ENROLLED IN EDUCATIONAL INSTI- ‘‘(G) In this paragraph:
‘‘(10) The term ‘emergency situation’ has TUTIONS CLOSED FOR EMERGENCY ‘‘(i) The term ‘unemployed’ includes being
the meaning given such term in section 3601 SITUATIONS. furloughed or being scheduled to work zero
of this title.’’. (a) IN GENERAL.—Section 3680 of title 38, hours.
(B) CONFORMING AMENDMENTS.—Such title United States Code, is amended by adding at ‘‘(ii) The term ‘fails to complete 120 hours
is amended— the end the following new subsection: of training’ means, with respect to an indi-
(i) in section 1728(a)(4)(A), by striking ‘‘sec- ‘‘(h) PAYMENTS DURING EMERGENCY SITUA- vidual, that during any month, the indi-
TIONS.—(1) The Secretary may pay allow- vidual completes at least one hour, but fewer
tion 3101(9) of’’ and inserting ‘‘section 3101
of’’; and ances to an eligible veteran or eligible per- than 120 hours, of training, including in a
(ii) in section 3695(b), by striking ‘‘in sec- son under subsection (a)(2)(A), if the veteran case in which the individual is unemployed
tion 3101(5)’’ and inserting ‘‘in section 3101’’. or person is enrolled in a program or course for part of, but not the whole, month.’’.
(4) EDUCATIONAL ASSISTANCE FOR MEMBERS of education that— (b) CONFORMING REPEAL.—Section 1106 of
‘‘(A) is provided by an educational institu- the Johnny Isakson and David P. Roe, M.D.
OF THE SELECTED RESERVE.—Section 16133 of
tion or training establishment that is closed Veterans Health Care and Benefits Improve-
title 10, United States Code, is amended by
by reason of an emergency situation; or ment Act of 2020 (Public Law 116–315) is re-
adding at the end the following new sub-
‘‘(B) is suspended by reason of an emer- pealed.
section:
gency situation. SEC. 8. PROHIBITION OF CHARGE TO ENTITLE-
‘‘(c) In this section, the term ‘emergency
‘‘(2) The total number of weeks for which MENT OF STUDENTS UNABLE TO
situation’ has the meaning given such term PURSUE A PROGRAM OF EDUCATION
in section 3601 of title 38.’’. allowances may be paid by reason of this
DUE TO AN EMERGENCY SITUATION.
(f) CONFORMING REPEAL.—Section 6 of the subsection may not exceed four weeks.
‘‘(3) Any amount paid under this sub- (a) PERMANENT APPLICABILITY.—Section
Student Veteran Coronavirus Response Act 3699(b)(1) of title 38, United States Code, is
of 2020 (Public Law 116–140) is repealed. section shall not be counted for purposes of
the limitation on allowances under sub- amended—
SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL (1) in subparagraph (A), by striking ‘‘or’’ at
REHABILITATION SUBSISTENCE AL- section (a)(2)(A).’’.
(b) CONFORMING REPEAL.—Section 4 of the the end;
LOWANCES.
Student Veteran Coronavirus Response Act (2) in subparagraph (B)(ii), by striking
(a) IN GENERAL.—Section 3104 of title 38,
of 2020 (Public Law 116–140) is repealed. ‘‘and’’ at the end and inserting ‘‘or’’ ; and
United States Code, is amended by adding at
(3) by adding at the end the following new
the end the following new subsection: SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING
REQUIREMENTS. subparagraph:
‘‘(e) In the case of any veteran whom the
(a) IN GENERAL.—Section 3687(e) of title 38, ‘‘(C) the temporary closure of an edu-
Secretary determines is satisfactorily fol-
United States Code, is amended by striking cational institution or training establish-
lowing a program of employment services
paragraph (2) and inserting the following ment or the temporary closure or termi-
provided under subsection (a)(5) during the
new paragraph (2): nation of a course or program of education
period of an emergency situation, the Sec-
‘‘(2)(A) Subject to subparagraphs (B) and by reason of an emergency situation; and’’.
retary may pay the veteran a subsistence al-
(b) CONFORMING REPEAL.—Section 5 of the
lowance, as prescribed in section 3108 of this (C), for any month in which an individual
Student Veteran Coronavirus Response Act
title for full-time training for the type of fails to complete 120 hours of training, the
of 2020 (Public Law 116–140) is repealed.
program that the veteran was pursuing, for entitlement otherwise chargeable under
SEC. 9. DEPARTMENT OF VETERANS AFFAIRS AP-
two additional months, if the Secretary de- paragraph (1) shall be reduced in the same PROVAL OF CERTAIN STUDY-
termines that the veteran is negatively af- proportion as the monthly training assist- ABROAD PROGRAMS.
fected by the emergency situation.’’. ance allowance payable is reduced under sub- (a) IN GENERAL.—Section 3680A(f) of title
(b) CONFORMING REPEAL.—Section 8 of the section (b)(3). 38, United States Code, is amended—
Student Veteran Coronavirus Response Act ‘‘(B) In the case of an individual who is un- (1) by redesignating paragraphs (1) and (2)
of 2020 (Public Law 116–140) is repealed. employed by reason of an emergency situa- as subparagraphs (A) and (B), respectively;
SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES tion during any month, the 120-hour require- (2) by striking ‘‘The Secretary’’ and insert-
DURING EMERGENCY SITUATIONS. ment under subparagraph (A) for that month ing ‘‘(1) Except as provided in paragraph (2),
(a) IN GENERAL.—Section 3485 of title 38, shall be reduced proportionately to reflect the Secretary’’; and
United States Code, is amended by adding at the individual’s period of unemployment, ex- (3) by adding at the end the following new
the end the following new subsection: cept that the amount of monthly training paragraph:
‘‘(f)(1) In case of an individual who is in re- assistance otherwise payable to the indi- ‘‘(2)(A) In the case of a covered study-
ceipt of work-study allowance pursuant to vidual under subsection (b)(3) shall not be re- abroad course, the Secretary may approve
an agreement described in subsection (a)(3) duced. the course for a period of not more than five
as of the date on which an emergency situa- ‘‘(C) Any period during which an individual years, if the contract or other written agree-
tion occurs and who is unable to continue to is unemployed by reason of an emergency ment under which the course is offered pro-
perform qualifying work-study activities de- situation shall not— vides that—
scribed in subsection (a)(4) by reason of the ‘‘(i) be charged against any entitlement to ‘‘(i) the educational institution that offers
emergency situation— educational assistance of the individual; or a course that is approved under this chapter
‘‘(A) the Secretary may continue to pay ‘‘(ii) be counted against the aggregate pe- agrees—
work-study allowance under this section or riod for which section 3695 of this title limits ‘‘(I) to assume responsibility for the qual-
make deductions described in subsection the receipt of educational assistance by such ity and content of the covered study-abroad
(e)(1) during the period of such emergency individual. course; and
situation, notwithstanding the inability of ‘‘(D) Any amount by which the entitlement ‘‘(II) to serve as the certifying official for
the individual to perform such work-study of an individual is reduced under subpara- the course for purposes of this chapter; and
activities by reason of such emergency situa- graph (A) shall not— ‘‘(ii) the educational institution that offers
tion; and ‘‘(i) be charged against any entitlement to the covered study-abroad course agrees to
‘‘(B) at the option of the individual, the educational assistance of the individual; or seek the approval of the course under this
Secretary shall extend the agreement de- ‘‘(ii) be counted against the aggregate pe- chapter by not later than five years after the
scribed in subsection (a)(3) with the indi- riod for which section 3695 of this title limits date of the agreement.
vidual for any subsequent period of enroll- the receipt of educational assistance by such ‘‘(B) In this paragraph, the term ‘covered
ment initiated during the emergency situa- individual. study-abroad course’ means a course that—
tion, notwithstanding the inability of the in- ‘‘(E)(i) In the case of an individual who ‘‘(i) is provided as a part of a program of
dividual to perform work-study activities de- fails to complete 120 hours of training during education offered by an educational institu-
scribed in subsection (a)(4) by reason of such a month, but who completed more than 120 tion under a contract or other written agree-
emergency situation. hours of training during the preceding ment by another educational institution
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‘‘(2) The amount of work-study allowance month, the individual may apply the number that offers a course that is approved under
payable to an individual under paragraph of hours in excess of 120 that the individual this chapter;
(1)(A) during the period of an emergency sit- completed for that month to the month for ‘‘(ii) is provided at a location in a foreign
uation shall be an amount determined by the which the individual failed to complete 120 country; and
Secretary but may not exceed the amount hours. If the addition of such excess hours ‘‘(iii) has not been approved under this
that would be payable under subsection (a)(2) results in a total of 120 hours or more, the in- chapter.’’.
if the individual worked 25 hours per week dividual shall be treated as an individual (b) TREATMENT OF CERTAIN COURSES.—In
paid during such period. who has completed 120 hours of training for the case of any covered study-abroad course,
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9647
under the meaning given such term in sub- ‘‘(b) REQUIREMENTS.—The uniform applica- ‘‘(B) a list of individuals who will serve as
paragraph (B) of paragraph (2) of subsection tion required under subsection (a) shall meet career services employees for students en-
(f) of section 3680A of title 38, United States the following requirements: rolled in the course and an attestation that
Code, as added by subsection (a), that is ‘‘(1) A requirement that the appropriate such individuals are skilled at identifying
being offered under a contract or other writ- executive of the educational institution or professions in the relevant industry that are
ten agreement as of the date of the enact- training establishment seeking the approval in need of new employees to hire, tailoring
ment of this Act, the Secretary of Veterans of a course of education attests on behalf of the course of education to meet market
Affairs may approve such course under such the educational institution or training es- needs, and identifying the employers likely
paragraph (2) for the five-year period begin- to hire graduates.
tablishment that the educational institution
ning on the date of the enactment of this ‘‘(c) REQUIREMENTS FOR STATE APPROVING
or training establishment—
Act, if such contract or other written agree- AGENCIES.—During the approval process with
‘‘(A) is in compliance with all applicable
ment meets the criteria provided in subpara- respect to a uniform application submitted
laws and regulations relating to the approval
graph (A) of such paragraph. by an educational institution or training es-
of courses of education under this chapter;
SEC. 10. ELIGIBILITY FOR EDUCATIONAL ASSIST- tablishment, a State approving agency, or
ANCE UNDER DEPARTMENT OF VET- and
‘‘(B) during the five-year period preceding the Secretary when acting in the role of a
ERANS AFFAIRS POST-9/11 EDU-
CATIONAL ASSISTANCE PROGRAM the date of the application— State approving agency, shall contact the
OF CERTAIN INDIVIDUALS WHO RE- ‘‘(i) has not been subject to, or been party Secretary of Education to determine wheth-
CEIVE SOLE SURVIVORSHIP DIS- to a contract with any individual or entity er the course of education subject to such ap-
CHARGES. that has been subject to, any adverse admin- proval process has withdrawn, or been denied
(a) SHORT TITLE.—This section may be istrative or judicial action that— or suspended, from receiving for benefits
cited as the ‘‘Sgt. Wolf Kyle Weninger Vet- ‘‘(I) related to the instruction or training, under title IV of the Higher Education Act of
erans Education Fairness Act of 2022’’. including with respect to the quality of edu- 1965 (20 U.S.C. 1070 et seq.).
(b) ELIGIBILITY.—Subsection (b)(2) of sec- cation, provided by the institution or estab- ‘‘(d) APPROPRIATE EXECUTIVE.—In this sec-
tion 3311 of title 38, United States Code, is lishment; and tion, the appropriate executive of an edu-
amended— ‘‘(II) resulted in a fine or penalty in an cational institution or training establish-
(1) in the matter preceding subparagraph amount equal to or more than five percent of ment is a senior executive official, senior ad-
(A), by striking ‘‘who’’; the amount of funding provided to the insti- ministrator, owner, or operator designated
(2) by redesignating subparagraphs (A) and tution or establishment under title IV of the by the institution or establishment.’’.
(B) as clauses (i) and (ii), respectively, and (b) CLERICAL AMENDMENT.—The table of
Higher Education Act of 1965 for the fiscal
indenting such clause two ems to the right; sections at the beginning of such chapter is
year preceding the year in which the applica-
(3) by inserting before clause (i), as so re- amended by inserting after the item relating
tion is submitted; or
designated, the following new subparagraph to section 3672 the following new item:
‘‘(ii) has not employed an individual, or
(A): ‘‘3672A. Uniform application.’’.
been party to a contract with any individual (c) APPLICABILITY.—The application re-
‘‘(A) who—’’; or entity, that has been convicted of a Fed-
(4) in subparagraph (A)(ii), as so redesig- quired by section 3672A of title 38, United
eral fraud charge related to the instruction States Code, as added by subsection (a),
nated— or training provided by the institution or es-
(A) by striking ‘‘in subparagraph (A)’’ and shall—
tablishment. (1) be developed by not later than October
inserting ‘‘in clause (i)’’; and ‘‘(2) In the case of any educational institu-
(B) by striking the period and inserting ‘‘or 1, 2023; and
tion or training establishment that is not (2) be required for the approval of any new
by reason of a sole survivorship discharge (as participating in title IV of the Higher Edu-
that term is defined in section 1174(i) of title course of education proposed on or after that
cation Act of 1965 (20 U.S.C. 1070 et seq.), a day.
10); or’’; and requirement for the inclusion of—
(5) by adding at the end the following new SEC. 12. NOTICE REQUIREMENTS FOR DEPART-
‘‘(A) a copy of— MENT OF VETERANS AFFAIRS EDU-
subparagraph (B): ‘‘(i) the articles of incorporation filed on CATION SURVEYS.
‘‘(B) who— behalf of the institution or establishment or
‘‘(i) commencing on or after September 11, (a) RISK-BASED SURVEY.—Section 3673A of
proof of licensing to operate as an edu- title 38, United States Code, is amended by
2001, completes at least 30 continuous days of cational institution or training establish-
service described in subsection (d) (1) or (2); adding at the end the following new sub-
ment in the State where the institution or section:
and establishment is located; and
‘‘(ii) after completion of service described ‘‘(d) NOTICE.—To the maximum amount
‘‘(ii) the financial position of the institu- feasible, the Secretary, or a State approving
in clause (i), is discharged or released by rea- tion or establishment, as prepared by an ap-
son of a sole survivorship discharge (as that agency, as applicable, shall provide not more
propriate third-party entity; or than one business day of notice to an edu-
term is defined in section 1174(i) of title ‘‘(B) other adequate evidence, as deter-
10).’’. cational institution before conducting a tar-
mined by the Secretary, that the institution geted risk-based survey of the institution
(c) CONFORMING AMENDMENT.—Subsection
or establishment is authorized to provide under this section.’’.
(d) of such section is amended by striking
post-secondary education or training in the (b) COMPLIANCE SURVEYS.—Section 3693 of
‘‘The following’’ and inserting ‘‘Except as
State where the institution or establishment title 38, United States Code, is amended—
provided in subsection (b)(2)(B), the fol-
is located. (1) by redesignating subsection (c) as sub-
lowing’’.
‘‘(3) In the case of any course of education section (d); and
SEC. 11. UNIFORM APPLICATION FOR DEPART-
MENT OF VETERANS AFFAIRS AP- that is offered by an educational institution (2) by inserting after subsection (b) the fol-
PROVAL OF COURSES OF EDU- or training establishment that has never of- lowing new subsection (c):
CATION. fered a course of education that was ap- ‘‘(c) To the maximum extent feasible, the
(a) IN GENERAL.—Subchapter I of chapter proved under this chapter, a requirement for Secretary, or a State approving agency, as
36 of title 38, United States Code, is amended the inclusion of information about the applicable, shall provide not more than 10
by inserting after section 3672 the following course of education covered by the applica- business days of notice to an educational in-
new section: tion, including— stitution or training establishment before
‘‘§ 3672A. Uniform application ‘‘(A) the number of students who have en- conducting a compliance survey of the insti-
‘‘(a) IN GENERAL.—(1) The Secretary, in tered and graduated from the course during tution or establishment under this section.’’.
partnership with State approving agencies, the preceding two-year period; and SEC. 13. EXCEPTION TO REQUIREMENT TO SUB-
educational institutions, and training estab- ‘‘(B) if available, the cohort default rate MIT VERIFICATION OF ENROLLMENT
lishments, shall require the use of a uniform for funds provided to the institution or es- OF CERTAIN INDIVIDUALS.
application by any educational institution or tablishment under title IV of the Higher Section 3313(l) of title 38, United States
training establishment seeking the approval Education Act of 1965 (20 U.S.C. 1070 et seq.). Code, is amended—
of a new course of education under this chap- ‘‘(4) In the case of any educational institu- (1) in paragraph (1), by striking ‘‘The Sec-
ter. tion or training establishment that is not an retary’’ and inserting ‘‘Except as provided in
‘‘(2) The Secretary shall maintain one uni- institution of higher learning, a requirement paragraph (4), the Secretary’’; and
form application for institutions of higher for the inclusion of— (2) by striking paragraph (4) and inserting
learning and one such application for other ‘‘(A) a list of individuals who will serve as the following new paragraph (4):
educational institutions and training estab- fully qualified instructors for the course of ‘‘(4) EXCEPTION.—An educational institu-
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lishments. education, as of the date of the application, tion is not required to submit verification of
‘‘(3) In the case of any State that uses ap- and an attestation that such individuals— an individual under paragraph (1)(A) if—
proval criteria not covered by a uniform ap- ‘‘(i) have a degree or other training, as ap- ‘‘(A) the individual is enrolled in a course
plication under this section, the State ap- propriate, in the field of the course; or program of education offered by the edu-
proving agency for that State shall require ‘‘(ii) effectively teach the skills offered cational institution on at least a full-time
the use of the uniform application and may under the course; and basis before the date on which the individual
require the submittal of additional informa- ‘‘(iii) have demonstrated relevant industry is able to withdraw from the course or pro-
tion. experience in the field of the course; and gram of education without penalty;
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S9648 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(B) the educational institution charges (ii) by adding at the end the following: ‘‘SEC. 705A. PORTABILITY OF PROFESSIONAL LI-
the same amount of tuition and fees for stu- ‘‘(A) the date the servicemember receives CENSES OF SERVICEMEMBERS AND
THEIR SPOUSES.
dents who are enrolled on a full-time basis military orders to relocate for a period of
and students who are enrolled on a more- not less than 90 days to a location that does ‘‘(a) IN GENERAL.—In any case in which a
than-full-time basis; and not support the contract; or servicemember or the spouse of a service-
‘‘(C) the individual remains enrolled in the ‘‘(B) the date the servicemember, while in member has a covered license and such serv-
icemember or spouse relocates his or her
course or program of education after the military service, receives military orders for
residency because of military orders for mili-
date on which the individual is able to with- a permanent change of station, thereafter
tary service to a location that is not in the
draw from the course or program of edu- enters into the contract, and then receives a
jurisdiction of the licensing authority that
cation without penalty.’’. stop movement order issued by the Secretary
issued the covered license, such covered li-
SEC. 14. EXPANSION OF ELIGIBILITY FOR SELF- of Defense or the Secretary of Homeland Se- cense shall be considered valid at a similar
EMPLOYMENT ASSISTANCE UNDER curity in response to a local, national, or
VETERAN READINESS AND EMPLOY- scope of practice and in the discipline ap-
global emergency, effective for an indefinite plied for in the jurisdiction of such new resi-
MENT PROGRAM. period or for a period of not less than 30
(a) EXPANSION OF ELIGIBILITY.—Paragraph dency for the duration of such military or-
days, that prevents the servicemember from ders if such servicemember or spouse—
(12) of subsection (a) of section 3104 of title using the services provided under the con-
38, United States Code, is amended to read as ‘‘(1) provides a copy of such military orders
tract.’’; and to the licensing authority in the jurisdiction
follows: (C) in paragraph (4), by adding at the end
‘‘(12) Such license fees and essential equip- in which the new residency is located;
the following new subparagraph: ‘‘(2) remains in good standing with—
ment, supplies, and minimum stocks of ma- ‘‘(D) The spouse or dependent of a service-
terials as the Secretary determines to be ‘‘(A) the licensing authority that issued
member, described in paragraph (1)(B), who the covered license; and
necessary for a veteran to begin self-employ- accompanies such servicemember during the
ment and are within the criteria and cost ‘‘(B) every other licensing authority that
period of relocation.’’; has issued to the servicemember or the
limitations that the Secretary shall pre- (3) by striking subsection (b) and inserting
scribe in regulations for the furnishing of spouse of a servicemember a license valid at
the following: a similar scope of practice and in the dis-
such fees, equipment, supplies, and stocks.’’. ‘‘(b) COVERED CONTRACTS.—A contract de-
(b) PRIORITY.—Subsection (c)(1) of such cipline applied in the jurisdiction of such li-
scribed in this subsection is a contract— censing authority;
section is amended by inserting before the ‘‘(1) for—
first period the following: ‘‘, including with ‘‘(3) submits to the authority of the licens-
‘‘(A) commercial mobile service; ing authority in the new jurisdiction for the
respect to providing priority for services ‘‘(B) telephone exchange service;
under subsection (a)(12) to veterans with the purposes of standards of practice, discipline,
‘‘(C) internet access service; and fulfillment of any continuing education
most severe service-connected disabilities ‘‘(D) multichannel video programming
who require homebound training or self-em- requirements.
service; ‘‘(b) INTERSTATE LICENSURE COMPACTS.—If
ployment, or both homebound training and ‘‘(E) a gym membership or fitness program; a servicemember or spouse of a servicemem-
self-employment’’. or
(c) TECHNICAL AMENDMENTS.—Section 3117 ber is licensed and able to operate in mul-
‘‘(F) home security services; and tiple jurisdictions through an interstate li-
of such title is amended—
‘‘(2) entered into by a servicemember be- censure compact, with respect to services
(1) in subsection (a)(2)(C), by striking ‘‘this
fore receiving the military orders referred to provided in the jurisdiction of the interstate
clause’’ and inserting ‘‘this subparagraph’’;
in subsection (a)(1).’’; and licensure compact by a licensee covered by
and
(4) in subsection (g)— such compact, the servicemember or spouse
(2) in subsection (b)—
(A) by redesignating paragraphs (2), (3), of a servicemember shall be subject to the
(A) in paragraph (1), by striking ‘‘insure’’ requirements of the compact or the applica-
and (4) as paragraphs (3), (4), and (5), respec-
and inserting ‘‘ensure’’; and ble provisions of law of the applicable State
tively; and
(B) in paragraph (2), by striking ‘‘clause’’ and not this section.
(B) by inserting, after paragraph (1), the
both places it appears and inserting ‘‘para- ‘‘(c) COVERED LICENSE DEFINED.—In this
following new paragraph (2):
graph’’. section, the term ‘covered license’ means a
‘‘(2) The terms ‘military orders’ and ‘per-
SEC. 15. POSSIBLE DEFINITIONS OF CERTAIN professional license or certificate—
TERMS RELATING TO EDUCATIONAL manent change of station’ have the mean-
ings given such terms in section 305.’’. ‘‘(1) that is in good standing with the li-
ASSISTANCE.
(b) RETROACTIVE APPLICATION.—The censing authority that issued such profes-
Not later than 180 days after the date of sional license or certificate;
the enactment of this Act, the Secretary of amendments made by this section shall
apply to stop movement orders issued on or ‘‘(2) that the servicemember or spouse of a
Veterans Affairs shall submit to the Com- servicemember has actively used during the
after March 1, 2020.
mittee on Veterans’ Affairs of the Senate two years immediately preceding the reloca-
SEC. 18. RESIDENCE FOR TAX PURPOSES.
and the Committee on Veterans’ Affairs of tion described in subsection (a); and
the House of Representatives a report con- Section 511(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 4001(a)) is amended by ‘‘(3) that is not a license to practice law.’’.
taining possible definitions of the Secretary (b) CLERICAL AMENDMENT.—The table of
striking paragraph (2) and inserting the fol-
for each of the following terms: contents in section 1(b) of such Act is
lowing:
(1) Student services. amended by inserting after the item relating
‘‘(2) SPOUSES.—A spouse of a servicemem-
(2) Marketing. to section 705 the following new item:
ber shall neither lose nor acquire a residence
(3) Classroom instruction. ‘‘Sec. 705A. Portability of professional li-
or domicile for purposes of taxation with re-
SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAY- censes of servicemembers and
MENTS OF PENSION. spect to the person, personal property, or in-
their spouses.’’.
Section 5503(d)(7) of title 38, United States come of the spouse by reason of being absent
SEC. 20. PROVISION OF NONARTICULATING
Code, is amended by striking ‘‘October 30, or present in any tax jurisdiction of the TRAILERS AS ADAPTIVE EQUIP-
2028’’ and inserting ‘‘November 30, 2031’’. United States solely to be with the service- MENT.
SEC. 17. TERMINATION OF CERTAIN CONSUMER
member in compliance with the Section 3901(2) of title 38, United States
CONTRACTS BY SERVICEMEMBERS servicemember’s military orders. Code, is amended—
AND DEPENDENTS WHO ENTER INTO ‘‘(3) ELECTION.—For any taxable year of the (1) by striking ‘‘and special’’ and inserting
CONTRACTS AFTER RECEIVING marriage, a servicemember and the spouse of ‘‘special’’; and
MILITARY ORDERS FOR PERMANENT such servicemember may elect to use for (2) by striking ‘‘conveyance.’’ and inserting
CHANGE OF STATION BUT THEN RE- purposes of taxation, regardless of the date
CEIVE STOP MOVEMENT ORDERS
‘‘conveyance, and nonarticulating trailers
on which the marriage of the servicemember solely designed to transport powered wheel-
DUE TO AN EMERGENCY SITUATION.
and the spouse occurred, any of the fol- chairs, powered scooters, or other similar
(a) IN GENERAL.—Section 305A of the lowing:
Servicemembers Civil Relief Act (50 U.S.C. mobility devices.’’.
‘‘(A) The residence or domicile of the serv- SEC. 21. ELIGIBILITY FOR DEPARTMENT OF VET-
3956) is amended— icemember. ERANS AFFAIRS PROVISION OF AD-
(1) in the section heading, by striking ‘‘(B) The residence or domicile of the DITIONAL AUTOMOBILE OR OTHER
‘‘TELEPHONE, MULTICHANNEL VIDEO PROGRAM- spouse. CONVEYANCE.
MING, AND INTERNET ACCESS SERVICE’’ and in- Section 3903(a) of title 38, United States
‘‘(C) The permanent duty station of the
serting ‘‘CERTAIN CONSUMER’’; servicemember.’’. Code, is amended—
(2) in subsection (a)— (1) in paragraph (1), by striking ‘‘paragraph
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SEC. 19. PORTABILITY OF PROFESSIONAL LI-
(A) in the heading, by adding ‘‘OR DEPEND- CENSES OF MEMBERS OF THE UNI- (2)’’ and inserting ‘‘paragraphs (2) and (3)’’;
ENT OF A SERVICEMEMBER’’ at the end; FORMED SERVICES AND THEIR and
(B) in paragraph (1)— SPOUSES. (2) by adding at the end the following new
(i) by striking ‘‘after the date the service- (a) IN GENERAL.—Title VII of the paragraph:
member receives military orders to relocate Servicemembers Civil Relief Act (50 U.S.C. ‘‘(3) The Secretary may provide or assist in
for a period of not less than 90 days to a loca- 4021 et seq.) is amended by inserting after providing an eligible person with an addi-
tion that does not support the contract.’’ and section 705 (50 U.S.C. 4025) the following new tional automobile or other conveyance under
inserting ‘‘after—’’; and section: this chapter—
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9649
‘‘(A) if more than 30 years have elapsed ‘‘SEC. 2. DEFINITIONS. Tribe, the State of North Carolina shall exer-
since the eligible person most recently re- ‘‘In this Act: cise jurisdiction over—
ceived an automobile or other conveyance ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(1) all criminal offenses that are com-
under this chapter; or means the Secretary of the Interior. mitted; and
‘‘(B) beginning on the day that is 10 years ‘‘(2) TRIBE.—The term ‘Tribe’ means the ‘‘(2) all civil actions that arise.
after date of the enactment of the Veterans Lumbee Tribe of North Carolina or the ‘‘(b) TRANSFER OF JURISDICTION.—
Auto and Education Improvement Act of Lumbee Indians of North Carolina.’’; and ‘‘(1) IN GENERAL.—Subject to paragraph (2),
2022, if more than 10 years have elapsed since (7) by adding at the end the following: the Secretary may accept on behalf of the
the eligible person most recently received an ‘‘SEC. 4. FEDERAL RECOGNITION. United States, after consulting with the At-
automobile or other conveyance under this ‘‘(a) IN GENERAL.—Federal recognition is torney General of the United States, any
chapter.’’. extended to the Tribe (as designated as peti- transfer by the State of North Carolina to
SEC. 22. DEPARTMENT OF VETERANS AFFAIRS tioner number 65 by the Office of Federal Ac- the United States of any portion of the juris-
TREATMENT OF CERTAIN VEHICLE knowledgment). diction of the State of North Carolina de-
MODIFICATIONS AS MEDICAL SERV- ‘‘(b) APPLICABILITY OF LAWS.—All laws and scribed in subsection (a) over Indian country
ICES. occupied by the Tribe pursuant to an agree-
regulations of the United States of general
Section 1701(6) of title 38, United States application to Indians and Indian tribes shall ment between the Tribe and the State of
Code, is amended by adding at the end the apply to the Tribe and its members. North Carolina.
following new subparagraph: ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Not- ‘‘(2) RESTRICTION.—A transfer of jurisdic-
‘‘(I) The provision of medically necessary withstanding section 3, any group of Indians tion described in paragraph (1) may not take
van lifts, raised doors, raised roofs, air condi- in Robeson and adjoining counties, North effect until 2 years after the effective date of
tioning, and wheelchair tiedowns for pas- Carolina, whose members are not enrolled in the agreement described in that paragraph.
senger use.’’. the Tribe (as determined under section 5(d)) ‘‘(c) EFFECT.—Nothing in this section af-
SEC. 23. DETERMINATION OF BUDGETARY EF- may petition under part 83 of title 25 of the fects the application of section 109 of the In-
FECTS. Code of Federal Regulations for acknowledg- dian Child Welfare Act of 1978 (25 U.S.C.
The budgetary effects of this Act, for the ment of tribal existence. 1919).
purpose of complying with the Statutory ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Pay-As-You-Go Act of 2010, shall be deter- ‘‘(a) IN GENERAL.—The Tribe and its mem- ‘‘There are authorized to be appropriated
mined by reference to the latest statement bers shall be eligible for all services and ben- such sums as are necessary to carry out this
titled ‘‘Budgetary Effects of PAYGO Legisla- efits provided by the Federal Government to Act.
tion’’ for this Act, submitted for printing in federally recognized Indian tribes. ‘‘SEC. 9. SHORT TITLE.
the Congressional Record by the Chairman of ‘‘(b) SERVICE AREA.—For the purpose of the
the House Budget Committee, provided that ‘‘This Act may be cited as the ‘Lumbee
delivery of Federal services and benefits de- Tribe of North Carolina Recognition Act’.’’.
such statement has been submitted prior to scribed in subsection (a), those members of
the vote on passage. TITLE II—TRIBAL TRUST LAND
the Tribe residing in Robeson, Cumberland,
--- HOMEOWNERSHIP ACT OF 2022
Hoke, and Scotland counties in North Caro-
SA 6579. Mr. TILLIS (for himself and lina shall be deemed to be residing on or near SEC. 201. SHORT TITLE.
Mr. BURR) submitted an amendment in- an Indian reservation. This title may be cited as the ‘‘Tribal
tended to be proposed to amendment ‘‘(c) DETERMINATION OF NEEDS.—On Trust Land Homeownership Act of 2022’’.
SA 6552 proposed by Mr. LEAHY to the verification by the Secretary of a tribal roll SEC. 202. DEFINITIONS.
bill H.R. 2617, to amend section 1115 of under subsection (d), the Secretary and the In this title:
title 31, United States Code, to amend Secretary of Health and Human Services (1) APPLICABLE BUREAU OFFICE.—The term
the description of how performance shall— ‘‘applicable Bureau office’’ means—
‘‘(1) develop, in consultation with the (A) a Regional office of the Bureau;
goals are achieved, and for other pur-
Tribe, a determination of needs to provide (B) an Agency office of the Bureau; or
poses; which was ordered to lie on the the services for which members of the Tribe (C) a Land Titles and Records Office of the
table; as follows: are eligible; and Bureau.
At the end of the amendment, add the fol- ‘‘(2) after the tribal roll is verified, each (2) BUREAU.—The term ‘‘Bureau’’ means
lowing: submit to Congress a written statement of the Bureau of Indian Affairs.
DIVISION KK—INDIAN AFFAIRS MATTERS those needs. (3) DIRECTOR.—The term ‘‘Director’’ means
TITLE I—LUMBEE TRIBE OF NORTH ‘‘(d) TRIBAL ROLL.— the Director of the Bureau.
CAROLINA RECOGNITION ACT OF 2022 ‘‘(1) IN GENERAL.—For purpose of the deliv- (4) FIRST CERTIFIED TITLE STATUS REPORT.—
ery of Federal services and benefits described The term ‘‘first certified title status report’’
SEC. 101. SHORT TITLE.
in subsection (a), the tribal roll in effect on means the title status report needed to
This title may be cited as the ‘‘Lumbee the date of enactment of this section shall, verify title status on Indian land.
Tribe of North Carolina Recognition Act of subject to verification by the Secretary, de- (5) INDIAN LAND.—The term ‘‘Indian land’’
2022’’. fine the service population of the Tribe. has the meaning given the term in section
SEC. 102. FEDERAL RECOGNITION. ‘‘(2) VERIFICATION LIMITATION AND DEAD- 162.003 of title 25, Code of Federal Regula-
The Act of June 7, 1956 (70 Stat. 254, chap- LINE.—The verification by the Secretary tions (as in effect on the date of enactment
ter 375), is amended— under paragraph (1) shall— of this Act).
(1) by striking section 2; ‘‘(A) be limited to confirming documentary (6) LAND MORTGAGE.—The term ‘‘land mort-
(2) in the first sentence of the first section, proof of compliance with the membership gage’’ means a mortgage obtained by an indi-
by striking ‘‘That the Indians’’ and inserting criteria set out in the constitution of the vidual Indian who owns a tract of trust land
the following: Tribe adopted on November 16, 2001; and for the purpose of—
‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS. ‘‘(B) be completed not later than 2 years (A) home acquisition;
‘‘The Indians’’; after the submission of a digitized roll with (B) home construction;
(3) in the preamble— supporting documentary proof by the Tribe (C) home improvements; or
(A) by inserting before the first undesig- to the Secretary. (D) economic development.
nated clause the following: ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO (7) LEASEHOLD MORTGAGE.—The term
‘‘SECTION 1. FINDINGS. TRUST. ‘‘leasehold mortgage’’ means a mortgage,
‘‘Congress finds that—’’; ‘‘(a) IN GENERAL.—Notwithstanding any deed of trust, or other instrument that
(B) by designating the undesignated other provision of law, the Secretary is here- pledges the leasehold interest of a lessee as
clauses as paragraphs (1) through (4), respec- by authorized to take land into trust for the security for a debt or other obligation owed
tively, and indenting appropriately; benefit of the Tribe. by the lessee to a lender or other mortgagee.
(C) by striking ‘‘Whereas’’ each place it ap- ‘‘(b) TREATMENT OF CERTAIN LAND.—An ap- (8) MORTGAGE PACKAGE.—The term ‘‘mort-
pears; plication to take into trust land located gage package’’ means a proposed residential
(D) by striking ‘‘and’’ after the semicolon within Robeson County, North Carolina, leasehold mortgage, business leasehold mort-
at the end of each of paragraphs (1) and (2) under this section shall be treated by the gage, land mortgage, or right-of-way docu-
(as so designated); and Secretary as an ‘on reservation’ trust acqui- ment submitted to an applicable Bureau of-
(E) in paragraph (4) (as so designated), by sition under part 151 of title 25, Code of Fed- fice under section 203(a)(1).
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striking ‘‘: Now, therefore,’’ and inserting a eral Regulations (or a successor regulation). (9) RELEVANT FEDERAL AGENCY.—The term
period; ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH ‘‘relevant Federal agency’’ means any of the
(4) by moving the enacting clause so as to CAROLINA. following Federal agencies that guarantee or
appear before section 1 (as so designated); ‘‘(a) IN GENERAL.—With respect to land lo- make direct mortgage loans on Indian land:
(5) by striking the last sentence of section cated within the State of North Carolina (A) The Department of Agriculture.
3 (as designated by paragraph (2)); that is owned by, or held in trust by the (B) The Department of Housing and Urban
(6) by inserting before section 3 (as des- United States for the benefit of, the Tribe, or Development.
ignated by paragraph (2)) the following: any dependent Indian community of the (C) The Department of Veterans Affairs.
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S9650 CONGRESSIONAL RECORD — SENATE December 20, 2022
(10) RIGHT-OF-WAY DOCUMENT.—The term (i) IN GENERAL.—Not later than 10 calendar (2) any local or regional agency office of
‘‘right-of-way document’’ has the meaning days after the applicable Bureau office ap- the Bureau that requests the first certified
given the term in section 169.2 of title 25, proves a residential leasehold mortgage, title status report or subsequent certified
Code of Federal Regulations (as in effect on business leasehold mortgage, land mortgage, title status report;
the date of enactment of this Act). or right-of-way document under paragraph (3) in the case of a proposed residential
(11) SUBSEQUENT CERTIFIED TITLE STATUS (3), the applicable Bureau office shall com- leasehold mortgage or land mortgage, the
REPORT.—The term ‘‘subsequent certified plete the processing of, as applicable— relevant Federal agency that insures or
title status report’’ means the title status (I) a first certified title status report, if a guarantees the loan; and
report needed to identify any liens against a first certified title status report was not (4) if requested, any individual or entity
residential, business, or land lease on Indian completed prior to the approval of the resi- described in section 150.303 of title 25, Code of
land. dential leasehold mortgage, business lease- Federal Regulations (as in effect on the date
SEC. 203. MORTGAGE REVIEW AND PROCESSING. hold mortgage, land mortgage, or right-of- of enactment of this Act).
(a) REVIEW AND PROCESSING DEADLINES.— way document; and (d) ACCESS TO TRUST ASSET AND ACCOUNT-
(1) IN GENERAL.—As soon as practicable (II) a subsequent certified title status re- ING MANAGEMENT SYSTEM.—Beginning on the
after receiving a proposed residential lease- port. date of enactment of this Act, the relevant
hold mortgage, business leasehold mortgage, (ii) REQUESTS FOR FIRST CERTIFIED TITLE Federal agencies and Indian Tribes shall
land mortgage, or right-of-way document, STATUS REPORTS.—Notwithstanding clause have read-only access to the Trust Asset and
the applicable Bureau office shall notify the (i), not later than 14 calendar days after the Accounting Management System maintained
lender that the proposed residential lease- applicable Bureau office receives a request by the Bureau.
hold mortgage, business leasehold mortgage, for a first certified title status report from (e) ANNUAL REPORT.—
or right-of-way document has been received. an applicant for a residential leasehold (1) IN GENERAL.—Not later than March 1 of
(2) PRELIMINARY REVIEW.— mortgage, business leasehold mortgage, land each calendar year, the Director shall sub-
(A) IN GENERAL.—Not later than 10 cal- mortgage, or right-of-way document under mit to the Committee on Indian Affairs of
endar days after receipt of a proposed resi- paragraph (1), the applicable Bureau office the Senate and the Committee on Natural
dential leasehold mortgage, business lease- shall complete the processing of the first Resources of the House of Representatives a
hold mortgage, land mortgage, or right-of- certified title status report. report describing—
way document, the applicable Bureau office (B) NOTICE.— (A) for the most recent calendar year, the
shall conduct and complete a preliminary re- (i) IN GENERAL.—As soon as practicable number of requests received to complete res-
view of the residential leasehold mortgage, after completion of the processing of, as ap- idential leasehold mortgage packages, busi-
business leasehold mortgage, land mortgage, plicable, a first certified title status report ness leasehold mortgage packages, land
or right-of-way document to verify that all or a subsequent certified title status report mortgage packages, and right-of-way docu-
required documents are included. under subparagraph (A), but by not later ment packages (including any requests for
(B) INCOMPLETE DOCUMENTS.—As soon as than the applicable deadline described in corresponding first certified title status re-
practicable, but not more than 2 calendar that subparagraph, the applicable Bureau of- ports and subsequent certified title status
days, after finding that any required docu- fice shall give notice of the completion to reports), including a detailed description of—
ments are missing under subparagraph (A), the lender. (i) requests that were and were not suc-
the applicable Bureau office shall notify the (ii) FORM OF NOTICE.—The applicable Bu- cessfully completed by the applicable dead-
lender of the missing documents. reau office shall give notice under clause line described in subsection (a) by each ap-
(3) APPROVAL OR DISAPPROVAL.— (i)— plicable Bureau office; and
(A) LEASEHOLD MORTGAGES.—Not later (I) electronically through secure, (ii) the reasons for each applicable Bureau
than 20 calendar days after receipt of a com- encryption software; and office not meeting any applicable deadlines;
plete executed residential leasehold mort- (II) through the United States mail. and
gage or business leasehold mortgage, proof of (iii) OPTION TO OPT OUT.—The lender may (B) the length of time needed by each ap-
required consents, and other required docu- opt out of receiving notice electronically plicable Bureau office during the most re-
mentation, the applicable Bureau office shall under clause (ii)(I). cent calendar year to provide the notices re-
approve or disapprove the residential lease- (b) NOTICES.— quired under subsection (b)(1).
hold mortgage or business leasehold mort- (1) IN GENERAL.—If the applicable Bureau (2) REQUIREMENT.—In submitting the re-
gage. office does not complete the review and proc- port required under paragraph (1), the Direc-
(B) RIGHT-OF-WAY DOCUMENTS.—Not later essing of mortgage packages under sub- tor shall maintain the confidentiality of per-
than 30 calendar days after receipt of a com- section (a) (including any corresponding first sonally identifiable information of the par-
plete executed right-of-way document, proof certified title status report or subsequent ties involved in requesting the completion of
of required consents, and other required doc- certified title status report under paragraph residential leasehold mortgage packages,
umentation, the applicable Bureau office (4) of that subsection) by the applicable business leasehold mortgage packages, land
shall approve or disapprove the right-of-way deadline described in that subsection, imme- mortgage packages, and right-of-way docu-
document. diately after missing the deadline, the appli- ment packages (including any corresponding
(C) LAND MORTGAGES.—Not later than 30 cable Bureau office shall provide notice of first certified title status reports and subse-
calendar days after receipt of a complete ex- the delay in review and processing to— quent certified title status reports).
ecuted land mortgage, proof of required con- (A) the party that submitted the mortgage (f) GAO STUDY.—Not later than 1 year after
sents, and other required documentation, the package or requested the first certified title the date of enactment of this Act, the Comp-
applicable Bureau office shall approve or dis- status report; and troller General of the United States shall
approve the land mortgage. (B) the lender for which the mortgage submit to the Committee on Indian Affairs
(D) REQUIREMENTS.—The determination of package (including any corresponding first of the Senate and the Committee on Natural
whether to approve or disapprove a residen- certified title status report or subsequent Resources of the House of Representatives a
tial leasehold mortgage or business leasehold certified title status report) is being re- report that includes—
mortgage under subparagraph (A), a right-of- quested. (1) an evaluation of the need for residential
way document under subparagraph (B), or a (2) REQUESTS FOR UPDATES.—In addition to leasehold mortgage packages, business lease-
land mortgage under subparagraph (C)— providing the notices required under para- hold mortgage packages, land mortgage
(i) shall be in writing; and graph (1), not later than 2 calendar days packages, and right-of-way document pack-
(ii) in the case of a determination to dis- after receiving a relevant inquiry with re- ages of each Indian Tribe to be digitized for
approve a residential leasehold mortgage, spect to a submitted mortgage package from the purpose of streamlining and expediting
business leasehold mortgage, right-of-way the party that submitted the mortgage pack- the completion of mortgage packages for res-
document, or land mortgage shall, state the age or the lender for which the mortgage idential mortgages on Indian land (including
basis for the determination. package (including any corresponding first the corresponding first certified title status
(E) APPLICATION.—This paragraph shall not certified title status report or subsequent reports and subsequent certified title status
apply to a residential leasehold mortgage or certified title status report) is being re- reports); and
business leasehold mortgage with respect to quested or an inquiry with respect to a re- (2) an estimate of the time and total cost
Indian land in cases in which the applicant quested first certified title status report necessary for Indian Tribes to digitize the
for the residential leasehold mortgage or from the party that requested the first cer- records described in paragraph (1), in con-
business leasehold mortgage is an Indian tified title status report, the applicable Bu- junction with assistance in that digitization
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tribe (as defined in subsection (d) of the first reau office shall respond to the inquiry. from the Bureau.
section of the Act of 1955 (69 Stat. 539, chap- (c) DELIVERY OF FIRST AND SUBSEQUENT SEC. 204. ESTABLISHMENT OF REALTY OMBUDS-
ter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that CERTIFIED TITLE STATUS REPORTS.—Notwith- MAN POSITION.
has been approved for leasing under sub- standing any other provision of law, any (a) IN GENERAL.—The Director shall estab-
section (h) of that section (69 Stat. 539, chap- first certified title status report and any lish within the Division of Real Estate Serv-
ter 615; 126 Stat. 1151; 25 U.S.C. 415(h)). subsequent certified title status report, as ices of the Bureau the position of Realty Om-
(4) CERTIFIED TITLE STATUS REPORTS.— applicable, shall be delivered directly to— budsman, who shall report directly to the
(A) COMPLETION OF REPORTS.— (1) the lender; Secretary of the Interior.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9651
(b) FUNCTIONS.—The Realty Ombudsman ‘‘(A) IN GENERAL.—An Indian tribe that Act of 1996 (25 U.S.C. 4133(g)) is amended by
shall— completes an environmental review under striking ‘‘$5,000’’ and inserting ‘‘$10,000’’.
(1) ensure that the applicable Bureau of- this subsection shall assume sole liability for SEC. 308. HOMEOWNERSHIP OR LEASE-TO-OWN
fices are meeting the mortgage review and the content and quality of the review. LOW-INCOME REQUIREMENT AND
processing deadlines established by section ‘‘(B) REMEDIES AND SANCTIONS.—Except as INCOME TARGETING.
203(a); provided in subparagraph (C), if the Sec- Section 205 of the Native American Hous-
(2) ensure that the applicable Bureau of- retary approves a certification and release of ing Assistance and Self-Determination Act
fices comply with the notices required under funds to an Indian tribe for a project in ac- of 1996 (25 U.S.C. 4135) is amended—
subsections (a) and (b) of section 203; cordance with subsection (b), but the Sec- (1) in subsection (a)(1)—
(3) serve as a liaison to other Federal agen- retary or the head of another Federal agency (A) in subparagraph (C), by striking ‘‘and’’
cies, including by— providing funding for the project subse- at the end; and
(A) ensuring the Bureau is responsive to all quently learns that the Indian tribe failed to (B) by adding at the end the following:
of the inquiries from the relevant Federal carry out the responsibilities of the Indian ‘‘(E) notwithstanding any other provision
agencies; and tribe as described in subsection (a) or para- of this paragraph, in the case of rental hous-
(B) helping to facilitate communications graph (1), as applicable, the Secretary or ing that is made available to a current rent-
between the relevant Federal agencies and other head, as applicable, may impose appro- al family for conversion to a homebuyer or a
the Bureau on matters relating to mortgages priate remedies and sanctions in accordance lease-purchase unit, that the current rental
on Indian land; with— family can purchase through a contract of
(4) receive inquiries, questions, and com- ‘‘(i) the regulations issued pursuant to sec- sale, lease-purchase agreement, or any other
plaints directly from Indian Tribes, members tion 106; or sales agreement, is made available for pur-
of Indian Tribes, and lenders in regard to ex- ‘‘(ii) such regulations as are issued by the chase only by the current rental family, if
ecuted residential leasehold mortgages, busi- other head. the rental family was a low-income family at
ness leasehold mortgages, land mortgages, or ‘‘(C) STATUTORY VIOLATION WAIVERS.—If the the time of their initial occupancy of such
right-of-way documents; and Secretary waives the requirements under unit; and’’; and
(5) serve as the intermediary between the this section in accordance with subsection (2) in subsection (c)—
Indian Tribes, members of Indian Tribes, and (d) with respect to a project for which an In- (A) by striking ‘‘The provisions’’ and in-
lenders and the Bureau in responding to in- dian tribe assumes additional responsibil- serting the following:
quiries and questions and resolving com- ities under paragraph (1), the waiver shall ‘‘(1) IN GENERAL.—The provisions’’; and
plaints. prohibit any other Federal agency providing (B) by adding at the end the following:
TITLE III—NATIVE AMERICAN HOUSING additional funding for the project from im- ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The
ASSISTANCE AND SELF-DETERMINA- posing remedies or sanctions for failure to provisions of subsection (a)(2) regarding
TION REAUTHORIZATION ACT OF 2022 comply with requirements for environmental binding commitments for the remaining use-
SEC. 301. SHORT TITLE. review, decision making, and action under ful life of property shall not apply to im-
provisions of law that would apply to the provements of privately owned homes if the
This title may be cited as the ‘‘Native
Federal agency.’’. cost of the improvements do not exceed 10
American Housing Assistance and Self-De-
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. percent of the maximum total development
termination Reauthorization Act of 2022’’.
Section 108 of the Native American Hous- cost for the home.’’.
SEC. 302. CONSOLIDATION OF ENVIRONMENTAL
REVIEW REQUIREMENTS. ing Assistance and Self-Determination Act SEC. 309. LEASE REQUIREMENTS AND TENANT
of 1996 (25 U.S.C. 4117) is amended, in the first SELECTION.
Section 105 of the Native American Hous-
ing Assistance and Self-Determination Act sentence, by striking ‘‘2009 through 2013’’ and Section 207 of the Native American Hous-
of 1996 (25 U.S.C. 4115) is amended by adding inserting ‘‘2023 through 2033’’. ing Assistance and Self-Determination Act
at the end the following: SEC. 304. STUDENT HOUSING ASSISTANCE. of 1996 (25 U.S.C. 4137) is amended by adding
‘‘(e) CONSOLIDATION OF ENVIRONMENTAL RE- Section 202(3) of the Native American at the end the following:
VIEW REQUIREMENTS.— Housing Assistance and Self-Determination ‘‘(c) NOTICE OF TERMINATION.—The notice
‘‘(1) IN GENERAL.—In the case of a recipient Act of 1996 (25 U.S.C. 4132(3)) is amended by period described in subsection (a)(3) shall
of grant amounts under this Act that is car- inserting ‘‘including education-related sti- apply to projects and programs funded in
rying out a project that qualifies as an af- pends, college housing assistance, and other part by amounts authorized under this Act.’’.
fordable housing activity under section 202, education-related assistance for low-income SEC. 310. INDIAN HEALTH SERVICE.
if the recipient is using 1 or more additional college students,’’ after ‘‘self-sufficiency and (a) IN GENERAL.—Subtitle A of title II of
sources of Federal funds to carry out the other services,’’. the Native American Housing Assistance and
project, and the grant amounts received SEC. 305. APPLICATION OF RENT RULE ONLY TO Self-Determination Act of 1996 (25 U.S.C. 4131
under this Act constitute the largest single UNITS OWNED OR OPERATED BY IN- et seq.) is amended by adding at the end the
source of Federal funds that the recipient DIAN TRIBE OR TRIBALLY DES- following:
reasonably expects to commit to the project IGNATED HOUSING ENTITY. ‘‘SEC. 211. IHS SANITATION FACILITIES CON-
at the time of environmental review, the In- Section 203(a)(2) of the Native American STRUCTION.
dian tribe of the recipient may assume, in Housing Assistance and Self-Determination ‘‘Notwithstanding any other provision of
addition to all of the responsibilities for en- Act of 1996 (25 U.S.C. 4133(a)(2)) is amended law, the Director of the Indian Health Serv-
vironmental review, decision making, and by inserting ‘‘owned or operated by a recipi- ice, or a recipient receiving funding for a
action under subsection (a), all of the addi- ent and’’ after ‘‘residing in a dwelling unit’’. housing construction or renovation project
tional responsibilities for environmental re- SEC. 306. PROGRAM REQUIREMENTS. under this title, may use funding from the
view, decision making, and action under pro- Section 203(a) of the Native American Indian Health Service for the construction of
visions of law that would apply to each Fed- Housing Assistance and Self-Determination sanitation facilities under that project.’’.
eral agency providing additional funding Act of 1996 (25 U.S.C. 4133(a)) (as amended by (b) CLERICAL AMENDMENT.—The table of
were the Federal agency to carry out the section 305) is amended— contents in section 1(b) of the Native Amer-
project as a Federal project. (1) in paragraph (1), by striking ‘‘paragraph ican Housing Assistance and Self-Determina-
‘‘(2) DISCHARGE.—The assumption by the (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; tion Act of 1996 (Public Law 104–330; 110 Stat.
Indian tribe of the additional responsibilities (2) by redesignating paragraph (2) as para- 4016) is amended by inserting after the item
for environmental review, decision making, graph (3); relating to section 210 the following:
and action under paragraph (1) with respect (3) by inserting after paragraph (1) the fol- ‘‘Sec. 211. IHS sanitation facilities construc-
to a project shall be deemed to discharge the lowing: tion.’’.
responsibility of the applicable Federal agen- ‘‘(2) APPLICATION OF TRIBAL POLICIES.— SEC. 311. STATUTORY AUTHORITY TO SUSPEND
cy for environmental review, decision mak- Paragraph (3) shall not apply if— GRANT FUNDS IN EMERGENCIES.
ing, and action with respect to the project. ‘‘(A) the recipient has a written policy gov- Section 401(a)(4) of the Native American
‘‘(3) CERTIFICATION.—An Indian tribe that erning rents and homebuyer payments Housing Assistance and Self-Determination
assumes the additional responsibilities under charged for dwelling units; and Act of 1996 (25 U.S.C. 4161(a)(4)) is amended—
paragraph (1), shall certify, in addition to ‘‘(B) that policy includes a provision gov- (1) in subparagraph (A), by striking ‘‘may
the requirements under subsection (c)— erning maximum rents or homebuyer pay- take an action described in paragraph (1)(C)’’
‘‘(A) the additional responsibilities that ments, including tenant protections.’’; and and inserting ‘‘may immediately take an ac-
the Indian tribe has fully carried out under (4) in paragraph (3) (as so redesignated), by tion described in paragraph (1)(C)’’; and
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this subsection; and striking ‘‘In the case of’’ and inserting ‘‘In (2) by striking subparagraph (B) and insert-
‘‘(B) that the certifying officer consents to the absence of a written policy governing ing the following:
assume the status of a responsible Federal rents and homebuyer payments, in the case ‘‘(B) PROCEDURAL REQUIREMENTS.—
official under the provisions of law that of’’. ‘‘(i) IN GENERAL.—If the Secretary takes an
would apply to each Federal agency pro- SEC. 307. DE MINIMIS EXEMPTION FOR PROCURE- action described in subparagraph (A), the
viding additional funding under paragraph MENT OF GOODS AND SERVICES. Secretary shall provide notice to the recipi-
(1). Section 203(g) of the Native American ent at the time that the Secretary takes
‘‘(4) LIABILITY.— Housing Assistance and Self-Determination that action.
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S9652 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(ii) NOTICE REQUIREMENTS.—The notice proval of the Secretary of Housing and of whether the violation caused the mort-
under clause (i) shall inform the recipient Urban Development, the total development gage default.
that the recipient may request a hearing by cost maximum cost for all housing assisted ‘‘(II) FRAUD OR MISREPRESENTATION.—If
not later than 30 days after the date on under an affordable housing activity, includ- fraud or misrepresentation is involved in a
which the Secretary provides the notice. ing development and model activities. direct guarantee process under this subpara-
‘‘(iii) HEARING REQUIREMENTS.—A hearing SEC. 317. COMMUNITY-BASED DEVELOPMENT OR- graph, the Secretary shall require the origi-
requested under clause (ii) shall be con- GANIZATIONS. nal lender approved under this subparagraph
ducted— Section 105 of the Housing and Community to indemnify the Secretary for the loss re-
‘‘(I) in accordance with subpart A of part 26 Development Act of 1974 (42 U.S.C. 5305) is gardless of when an insurance claim is paid.
of title 24, Code of Federal Regulations (or amended by adding at the end the following: ‘‘(C) REVIEW OF MORTGAGEES.—
successor regulations); and ‘‘(i) INDIAN TRIBES AND TRIBALLY DES- ‘‘(i) IN GENERAL.—The Secretary may peri-
‘‘(II) to the maximum extent practicable, IGNATED HOUSING ENTITIES AS COMMUNITY- odically review the mortgagees originating,
on an expedited basis. BASED DEVELOPMENT ORGANIZATIONS.— underwriting, or servicing single family
‘‘(iv) FAILURE TO CONDUCT A HEARING.—If a ‘‘(1) DEFINITION.—In this subsection, the mortgage loans under this section.
hearing requested under clause (ii) is not term ‘tribally designated housing entity’ has ‘‘(ii) REQUIREMENTS.—In conducting a re-
completed by the date that is 180 days after the meaning given the term in section 4 of view under clause (i), the Secretary—
the date on which the recipient requests the the Native American Housing Assistance and ‘‘(I) shall compare the mortgagee with
hearing, the action of the Secretary to limit Self-Determination Act of 1996 (25 U.S.C. other mortgagees originating or under-
the availability of payments shall no longer 4103). writing loan guarantees for Indian housing
be effective.’’. ‘‘(2) QUALIFICATION.—An Indian tribe, a based on the rates of defaults and claims for
SEC. 312. REPORTS TO CONGRESS. tribally designated housing entity, or a trib- guaranteed mortgage loans originated, un-
Section 407 of the Native American Hous- al organization shall qualify as a commu- derwritten, or serviced by that mortgagee;
ing Assistance and Self-Determination Act nity-based development organization for pur- ‘‘(II) may compare the mortgagee with
of 1996 (25 U.S.C. 4167) is amended— poses of carrying out new housing construc- such other mortgagees based on under-
(1) in subsection (a), by striking ‘‘Con- tion under this subsection under a grant writing quality, geographic area served, or
gress’’ and inserting ‘‘Committee on Indian made under section 106(a)(1).’’. any commonly used factors the Secretary de-
Affairs and the Committee on Banking, SEC. 318. INDIAN TRIBE ELIGIBILITY FOR HUD termines necessary for comparing mortgage
Housing and Urban Affairs of the Senate and HOUSING COUNSELING GRANTS. default risk, provided that the comparison is
the Committee on Financial Services of the Section 106(a)(4) of the Housing and Urban of factors that the Secretary would expect to
House of Representatives’’; and Development Act of 1968 (12 U.S.C. affect the default risk of mortgage loans
(2) by adding at the end the following: 1701x(a)(4)) is amended— guaranteed by the Secretary;
‘‘(c) PUBLIC AVAILABILITY.—The report de- (1) in subparagraph (A)— ‘‘(iii) shall implement such comparisons by
scribed in subsection (a) shall be made pub- (A) by striking ‘‘and’’ and inserting a regulation, notice, or mortgagee letter; and
licly available, including to recipients.’’. comma; and ‘‘(I) may terminate the approval of a mort-
SEC. 313. 99-YEAR LEASEHOLD INTEREST IN (B) by inserting before the period at the gagee to originate, underwrite, or service
TRUST OR RESTRICTED LANDS FOR end the following: ‘‘, Indian tribes, and trib- loan guarantees for housing under this sec-
HOUSING PURPOSES. ally designated housing entities’’; tion if the Secretary determines that the
Section 702 of the Native American Hous- (2) in subparagraph (B), by inserting ‘‘, In- mortgage loans originated, underwritten, or
ing Assistance and Self-Determination Act dian tribes, and tribally designated housing serviced by the mortgagee present an unac-
of 1996 (25 U.S.C. 4211) is amended— entities’’ after ‘‘organizations)’’; ceptable risk to the Indian Housing Loan
(1) in the section heading, by striking ‘‘50- (3) by redesignating subparagraph (F) as Guarantee Fund established under sub-
YEAR’’ and inserting ‘‘99-YEAR’’; subparagraph (G); and section (i)—
(2) in subsection (b), by striking ‘‘50 years’’ (4) by inserting after subparagraph (E) the ‘‘(aa) based on a comparison of any of the
and inserting ‘‘99 years’’; and following: factors set forth in this subparagraph; or
(3) in subsection (c)(2), by striking ‘‘50 ‘‘(F) DEFINITIONS.—In this paragraph, the ‘‘(bb) by a determination that the mort-
years’’ and inserting ‘‘99 years’’. terms ‘Indian tribe’ and ‘tribally designated gagee engaged in fraud or misrepresenta-
SEC. 314. AMENDMENTS FOR BLOCK GRANTS FOR housing entity’ have the meanings given tion.’’.
AFFORDABLE HOUSING ACTIVITIES. those terms in section 4 of the Native Amer- (b) LOAN GUARANTEES FOR INDIAN HOUS-
Section 802(e) of the Native American ican Housing Assistance and Self-Determina- ING.—Section 184(i)(5) of the Housing and
Housing Assistance and Self-Determination tion Act of 1996 (25 U.S.C. 4103).’’. Community Development Act of 1992 (12
Act of 1996 (25 U.S.C. 4222(e)) is amended by— SEC. 319. SECTION 184 INDIAN HOME LOAN GUAR- U.S.C. 1715z–13a(i)(5)) is amended—
(1) by striking ‘‘The Director’’ and insert- ANTEE PROGRAM. (1) in subparagraph (B), by inserting after
ing the following: (a) IN GENERAL.—Section 184(b)(4) of the the first sentence the following: ‘‘There are
‘‘(1) IN GENERAL.—The Director’’; and Housing and Community Development Act of authorized to be appropriated for those costs
(2) by adding at the end the following: 1992 (12 U.S.C. 1715z–13a(b)(4)) is amended such sums as may be necessary for each of
‘‘(2) SUBAWARDS.—Notwithstanding any by— fiscal years 2023 through 2033.’’; and
other provision of law, including provisions (1) redesignating subparagraphs (A) (2) in subparagraph (C), by striking ‘‘2008
of State law requiring competitive procure- through (D) as clauses (i) through (iv), re- through 2012’’ and inserting ‘‘2023 through
ment, the Director may make subawards to spectively, and adjusting the margins ac- 2033’’.
subrecipients, except for for-profit entities, cordingly; SEC. 320. LOAN GUARANTEES FOR NATIVE HA-
using amounts provided under this title to (2) by striking ‘‘The loan’’ and inserting WAIIAN HOUSING.
carry out affordable housing activities upon the following: Section 184A of the Housing and Commu-
a determination by the Director that such ‘‘(A) IN GENERAL.—The loan’’; nity Development Act of 1992 (12 U.S.C.
subrecipients have adequate capacity to (3) in subparagraph (A), as so designated, 1715z–13b) is amended—
carry out activities in accordance with this by adding at the end the following: (1) in subsection (c)(4)(B)—
Act.’’. ‘‘(v) Any entity certified as a community (A) by redesignating clause (iv) as clause
SEC. 315. REAUTHORIZATION OF NATIVE HAWAI- development financial institution by the (v); and
IAN HOMEOWNERSHIP PROVISIONS. Community Development Financial Institu- (B) by adding after clause (iii) the fol-
Section 824 of the Native American Hous- tions Fund established under section 104(a) lowing:
ing Assistance and Self-Determination Act of the Riegle Community Development and ‘‘(iv) Any entity certified as a community
of 1996 (25 U.S.C. 4243) is amended by striking Regulatory Improvement Act of 1994 (12 development financial institution by the
‘‘such sums as may be necessary’’ and all U.S.C. 4703(a)).’’; and Community Development Financial Institu-
that follows through the period at the end (4) by adding at the end the following: tions Fund established under section 104(a)
and inserting ‘‘such sums as may be nec- ‘‘(B) DIRECT GUARANTEE PROCESS.— of the Riegle Community Development and
essary for each of fiscal years 2023 through ‘‘(i) AUTHORIZATION.—The Secretary may Regulatory Improvement Act of 1994 (12
2033.’’. authorize qualifying lenders to participate in U.S.C. 4703(a)).’’; and
SEC. 316. TOTAL DEVELOPMENT COST MAXIMUM a direct guarantee process for approving (2) in subsection (j)(5)(B), by inserting after
PROJECT COST. loans under this section. the first sentence the following: ‘‘There are
Affordable housing (as defined in section 4 ‘‘(ii) INDEMNIFICATION.— authorized to be appropriated for those costs
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of the Native American Housing Assistance ‘‘(I) IN GENERAL.—If the Secretary deter- such sums as may be necessary for each of
and Self-Determination Act of 1996 (25 U.S.C. mines that a mortgage guaranteed through a fiscal years 2023 through 2033.’’.
4103)) that is developed, acquired, or assisted direct guarantee process under this subpara- SEC. 321. ASSISTANT SECRETARY FOR INDIAN
under the block grant program established graph was not originated in accordance with HOUSING.
under section 101 of the Native American the requirements established by the Sec- The Department of Housing and Urban De-
Housing Assistance and Self-Determination retary, the Secretary may require the lender velopment Act (42 U.S.C. 3531 et seq.) is
Act of 1996 (25 U.S.C. 4111) shall not exceed approved under this subparagraph to indem- amended—
by more than 20 percent, without prior ap- nify the Secretary for the loss, irrespective (1) in section 4 (42 U.S.C. 3533)—
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9653
(A) in subsection (a)(1), by striking ‘‘7’’ and prising housing assisted under the Native drug-related crime in projects assisted under
inserting ‘‘8’’; and American Housing Assistance and Self-De- section.
(B) in subsection (e)— termination Act of 1996 (25 U.S.C. 4101 et (2) HUD REPORTS.—Not later than 1 year
(i) by redesignating paragraph (2) as para- seq.); and after the date of enactment of this Act, the
graph (4); and (B) to provide evidence relating to such Secretary shall submit to Congress a report
(ii) by striking ‘‘(e)(1)(A) There’’ and all crime in any administrative or judicial pro- describing the system used to distribute
that follows through the end of paragraph (1) ceeding; funding to grantees under this section, which
and inserting the following: (5) the provision of training, communica- shall include descriptions of—
‘‘(e)(1) There is established within the De- tions equipment, and other related equip- (A) the methodology used to distribute
partment the Office of Native American Pro- ment for use by voluntary tenant patrols amounts made available under this section;
grams (in this subsection referred to as the acting in cooperation with law enforcement and
‘Office’) to be headed by an Assistant Sec- officials; (B) actions taken by the Secretary to en-
retary for Native American Programs (in (6) programs designed to reduce use of sure that amounts made available under sec-
this subsection referred to as the ‘Assistant drugs in and around housing communities tion are not used to fund baseline local gov-
Secretary’), who shall be 1 of the Assistant funded under the Native American Housing ernment services, as described in subsection
Secretaries in subsection (a)(1). Assistance and Self-Determination Act of (h)(2).
‘‘(2) The Assistant Secretary shall be re- 1996 (25 U.S.C. 4101 et seq.), including drug- (g) NOTICE OF FUNDING AWARDS.—The Sec-
sponsible for— abuse prevention, intervention, referral, and retary shall publish on the website of the De-
‘‘(A) administering, in coordination with treatment programs; partment a notice of all grant awards made
the relevant office in the Department, the (7) providing funding to nonprofit resident pursuant to section, which shall identify the
provision of housing assistance to Indian management corporations and resident coun- grantees and the amount of the grants.
tribes or Indian housing authorities under cils to develop security and drug abuse pre- (h) MONITORING.—
each program of the Department that pro- vention programs involving site residents; (1) IN GENERAL.—The Secretary shall audit
vides for such assistance; (8) sports programs and sports activities and monitor the program funded under this
‘‘(B) administering the community devel- that serve primarily youths from housing subsection to ensure that assistance pro-
opment block grant program for Indian communities funded through and are oper- vided under this subsection is administered
tribes under title I of the Housing and Com- ated in conjunction with, or in furtherance in accordance with the provisions of section.
munity Development Act of 1974 (42 U.S.C. of, an organized program or plan designed to (2) PROHIBITION OF FUNDING BASELINE SERV-
ICES.—
5301 et seq.) and the provision of assistance reduce or eliminate drugs and drug-related
to Indian tribes under such Act; problems in and around those communities; (A) IN GENERAL.—Amounts provided under
‘‘(C) directing, coordinating, and assisting and this section may not be used to reimburse or
in managing any regional offices of the De- (9) other programs for youth in school set- support any local law enforcement agency or
partment that administer Indian programs tings that address drug prevention and posi- unit of general local government for the pro-
to the extent of such programs; and tive alternatives for youth, including edu- vision of services that are included in the
‘‘(D) coordinating all programs of the De- cation and activities related to science, tech- baseline of services required to be provided
partment relating to Indian and Alaska Na- nology, engineering, and math. by any such entity pursuant to a local coop-
tive housing and community development. erative agreement pursuant under the Indian
(d) APPLICATIONS.—
‘‘(3) The Secretary shall include in the an- Self-Determination and Education Assist-
(1) IN GENERAL.—To receive a grant under
nual report under section 8 a description of ance Act (25 U.S.C. 5301 et seq.) or any provi-
this subsection, an eligible applicant shall
the extent of the housing needs for Indian sion of an annual contributions contract for
submit an application to the Secretary, at
families and community development needs payments in lieu of taxation with the Bureau
such time, in such manner, and accompanied
of Indian tribes in the United States and the of Indian Affairs.
by—
activities of the Department, and extent of (B) DESCRIPTION.—Each grantee under this
(A) a plan for addressing the problem of
such activities, in meeting such needs.’’; and section shall describe, in the report under
drug-related or violent crime in and around
(2) in section 8 (42 U.S.C. 3536), by striking subsection (f)(1), such baseline of services for
of the housing administered or owned by the
‘‘section 4(e)(2)’’ and inserting ‘‘section the unit of Tribal government in which the
applicant for which the application is being
4(e)(4)’’. jurisdiction of the grantee is located.
submitted; and
(3) ENFORCEMENT.—The Secretary shall
SEC. 322. DRUG ELIMINATION PROGRAM. (B) such additional information as the Sec-
provide for the effective enforcement of this
(a) DEFINITIONS.—In this section: retary may reasonably require.
section, as specified in the program require-
(1) CONTROLLED SUBSTANCE.—The term (2) CRITERIA.—The Secretary shall approve
ments published in a notice by the Sec-
‘‘controlled substance’’ has the meaning applications submitted under paragraph (1)
retary, which may include—
given the term in section 102 of the Con- on the basis of thresholds or criteria such
(A) the use of on-site monitoring, inde-
trolled Substances Act (21 U.S.C. 802). as—
pendent public audit requirements, certifi-
(2) DRUG-RELATED CRIME.—The term ‘‘drug- (A) the extent of the drug-related or vio-
cation by Tribal or Federal law enforcement
related crime’’ means the illegal manufac- lent crime problem in and around the hous-
or Tribal government officials regarding the
ture, sale, distribution, use, or possession ing or projects proposed for assistance;
performance of baseline services referred to
with intent to manufacture, sell, distribute, (B) the quality of the plan to address the
in paragraph (2);
or use a controlled substance. crime problem in the housing or projects
(B) entering into agreements with the At-
(3) RECIPIENT.—The term ‘‘recipient’’— proposed for assistance, including the extent
torney General to achieve compliance, and
(A) has the meaning given the term in sec- to which the plan includes initiatives that
verification of compliance, with the provi-
tion 4 of the Native American Housing As- can be sustained over a period of several
sions of this section; and
sistance and Self-Determination Act of 1996 years;
(C) adopting enforcement authority that is
(25 U.S.C. 4103); and (C) the capability of the applicant to carry
substantially similar to the authority pro-
(B) includes a recipient of funds under title out the plan; and
vided to the Secretary under the Native
VIII of that Act (25 U.S.C. 4221 et seq.). (D) the extent to which tenants, the Tribal
American Housing Assistance and Self-De-
(4) SECRETARY.—The term ‘‘Secretary’’ government, and the Tribal community sup-
termination Act of 1996 (25 U.S.C. 4101 et
means the Secretary of Housing and Urban port and participate in the design and imple-
seq.)
Development. mentation of the activities proposed to be (i) AUTHORIZATION OF APPROPRIATIONS.—
(b) ESTABLISHMENT.—The Secretary may funded under the application. There are authorized to be appropriated such
make grants under this section to recipients (e) HIGH INTENSITY DRUG TRAFFICKING sums as may be necessary for each fiscal
of assistance under the Native American AREAS.—In evaluating the extent of the years 2023 through 2033 to carry out this sec-
Housing Assistance and Self-Determination drug-related crime problem pursuant to sub- tion.
Act of 1996 (25 U.S.C. 4101 et seq.) for use in section (d)(2), the Secretary may consider SEC. 323. RENTAL ASSISTANCE FOR HOMELESS
eliminating drug-related and violent crime. whether housing or projects proposed for as- OR AT-RISK INDIAN VETERANS.
(c) ELIGIBLE ACTIVITIES.—Grants under this sistance are located in a high intensity drug Section 8(o)(19) of the United States Hous-
section may be used for— trafficking area designated pursuant to sec- ing Act of 1937 (42 U.S.C. 1437f(o)(19)) is
(1) the employment of security personnel; tion 707(b) of the Office of National Drug amended by adding at the end the following:
(2) reimbursement of State, local, Tribal, Control Policy Reauthorization Act of 1998 ‘‘(E) INDIAN VETERANS HOUSING RENTAL AS-
or Bureau of Indian Affairs law enforcement (21 U.S.C. 1706(b)). SISTANCE PROGRAM.—
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agencies for additional security and protec- (f) REPORTS.— ‘‘(i) DEFINITIONS.—In this subparagraph:
tive services; (1) GRANTEE REPORTS.—The Secretary shall ‘‘(I) ELIGIBLE INDIAN VETERAN.—The term
(3) physical improvements which are spe- require grantees under this section to pro- ‘eligible Indian veteran’ means an Indian
cifically designed to enhance security; vide periodic reports that include the obliga- veteran who is—
(4) the employment of 1 or more individ- tion and expenditure of grant funds, the ‘‘(aa) homeless or at risk of homelessness;
uals— progress made by the grantee in imple- and
(A) to investigate drug-related or violent menting the plan described in subsection ‘‘(bb) living—
crime in and around the real property com- (d)(1)(A), and any change in the incidence of ‘‘(AA) on or near a reservation; or
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S9654 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(BB) in or near any other Indian area. sult with eligible recipients and any other by this title may be used for purposes of
‘‘(II) ELIGIBLE RECIPIENT.—The term ‘eligi- appropriate tribal organization on the design meeting matching or cost participation re-
ble recipient’ means a recipient eligible to of the Program to ensure the effective deliv- quirements under any other Federal or non-
receive a grant under section 101 of the Na- ery of rental assistance and supportive serv- Federal program, provided that such grants
tive American Housing Assistance and Self- ices to eligible Indian veterans under the made pursuant to the Native American
Determination Act of 1996 (25 U.S.C. 4111). Program. Housing Assistance and Self-Determination
‘‘(III) INDIAN; INDIAN AREA.—The terms ‘In- ‘‘(II) INDIAN HEALTH SERVICE.—The Director Act of 1996 (25 U.S.C. 4101 et seq.) are spent
dian’ and ‘Indian area’ have the meanings of the Indian Health Service shall provide in accordance with that Act.
given those terms in section 4 of the Native any assistance requested by the Secretary or TITLE IV—URBAN INDIAN HEALTH
American Housing Assistance and Self-De- the Secretary of Veterans Affairs in carrying CONFER ACT
termination Act of 1996 (25 U.S.C. 4103). out the Program.
SEC. 401. SHORT TITLE.
‘‘(IV) INDIAN VETERAN.—The term ‘Indian ‘‘(viii) WAIVER.—
veteran’ means an Indian who is a veteran. ‘‘(I) IN GENERAL.—Except as provided in This title may be cited as the ‘‘Urban In-
‘‘(V) PROGRAM.—The term ‘Program’ subclause (II), the Secretary may waive or dian Health Confer Act’’.
means the Tribal HUD–VASH program car- specify alternative requirements for any pro- SEC. 402. URBAN INDIAN ORGANIZATION CONFER
POLICY.
ried out under clause (ii). vision of law (including regulations) that the
‘‘(VI) TRIBAL ORGANIZATION.—The term Secretary administers in connection with Section 514(b) of the Indian Health Care
‘tribal organization’ has the meaning given the use of rental assistance made available Improvement Act (25 U.S.C. 1660d) is amend-
the term in section 4 of the Indian Self-De- under the Program if the Secretary finds ed to read as follows:
termination and Education Assistance Act that the waiver or alternative requirement is ‘‘(b) REQUIREMENT.—The Secretary shall
(25 U.S.C. 5304). necessary for the effective delivery and ad- ensure that the Service and the other agen-
‘‘(ii) PROGRAM SPECIFICATIONS.—The Sec- ministration of rental assistance under the cies and offices of the Department confer, to
retary shall use not less than 5 percent of the Program to eligible Indian veterans. the maximum extent practicable, with urban
amounts made available for rental assist- ‘‘(II) EXCEPTION.—The Secretary may not Indian organizations in carrying out—
ance under this paragraph to carry out a waive or specify alternative requirements ‘‘(1) this Act; and
rental assistance and supported housing pro- under subclause (I) for any provision of law ‘‘(2) other provisions of law relating to In-
gram, to be known as the ‘Tribal HUD–VASH (including regulations) relating to labor dian health care.’’.
program’, in conjunction with the Secretary standards or the environment. TITLE V—TECHNICAL CORRECTION TO
of Veterans Affairs, by awarding grants for ‘‘(ix) RENEWAL GRANTS.—The Secretary THE SHOSHONE-PAIUTE TRIBES OF THE
the benefit of eligible Indian veterans. may— DUCK VALLEY RESERVATION WATER
‘‘(iii) MODEL.— ‘‘(I) set aside, from amounts made avail- RIGHTS SETTLEMENT ACT OF 2022
‘‘(I) IN GENERAL.—Except as provided in able for tenant-based rental assistance under SEC. 501. SHORT TITLE.
subclause (II), the Secretary shall model the this subsection and without regard to the This title may be cited as the ‘‘Technical
Program on the rental assistance and sup- amounts used for new grants under clause Correction to the Shoshone-Paiute Tribes of
ported housing program authorized under (ii), such amounts as may be necessary to the Duck Valley Reservation Water Rights
subparagraph (A) and applicable appropria- award renewal grants to eligible recipients Settlement Act of 2022’’.
tions Acts, including administration in con- that received a grant under the Program in
SEC. 502. AUTHORIZATION OF PAYMENT OF AD-
junction with the Secretary of Veterans Af- a previous year; and JUSTED INTEREST ON DEVELOP-
fairs. ‘‘(II) specify criteria that an eligible recipi- MENT FUND.
‘‘(II) EXCEPTIONS.— ent must satisfy to receive a renewal grant Section 10807(b)(3) of the Omnibus Public
‘‘(aa) SECRETARY OF HOUSING AND URBAN DE- under subclause (I), including providing data Land Management Act of 2009 (Public Law
VELOPMENT.—After consultation with Indian on how the eligible recipient used the 111–11; 123 Stat. 1409) is amended—
tribes, eligible recipients, and any other ap- amounts of any grant previously received (1) by striking ‘‘There is’’ and inserting the
propriate tribal organizations, the Secretary under the Program. following:
may make necessary and appropriate modi- ‘‘(x) REPORTING.— ‘‘(A) IN GENERAL.—There is’’; and
fications to facilitate the use of the Program ‘‘(I) IN GENERAL.—Not later than 1 year (2) by adding at the end the following:
by eligible recipients to serve eligible Indian after the date of enactment of this subpara- ‘‘(B) ADJUSTED INTEREST PAYMENTS.—There
veterans. graph, and every 5 years thereafter, the Sec- is authorized to be appropriated to the Sec-
‘‘(bb) SECRETARY OF VETERANS AFFAIRS.— retary, in coordination with the Secretary of retary for deposit into the Development
After consultation with Indian tribes, eligi- Veterans Affairs and the Director of the In-
Fund $5,124,902.12.’’.
ble recipients, and any other appropriate dian Health Service, shall—
tribal organizations, the Secretary of Vet- ‘‘(aa) conduct a review of the implementa- TITLE VI—NATIVE AMERICAN CHILD
erans Affairs may make necessary and ap- tion of the Program, including any factors PROTECTION ACT
propriate modifications to facilitate the use that may have limited its success; and SEC. 601. SHORT TITLE.
of the Program by eligible recipients to ‘‘(bb) submit a report describing the re- This title may be cited as the ‘‘Native
serve eligible Indian veterans. sults of the review under item (aa) to— American Child Protection Act’’.
‘‘(iv) ELIGIBLE RECIPIENTS.—The Secretary ‘‘(AA) the Committee on Indian Affairs, SEC. 602. INDIAN CHILD PROTECTION AND FAM-
shall make amounts for rental assistance the Committee on Banking, Housing, and ILY VIOLENCE PREVENTION ACT
and associated administrative costs under Urban Affairs, the Committee on Veterans’ AMENDMENTS.
the Program available in the form of grants Affairs, and the Committee on Appropria- The Indian Child Protection and Family
to eligible recipients. tions of the Senate; and Violence Prevention Act (25 U.S.C. 3202 et
‘‘(v) FUNDING CRITERIA.—The Secretary ‘‘(BB) the Subcommittee on Indian, Insular seq.) is amended as follows:
shall award grants under the Program based and Alaska Native Affairs of the Committee (1) By amending section 403(3)(A) (25 U.S.C.
on— on Natural Resources, the Committee on Fi- 3202(3)(A)) to read as follows:
‘‘(I) need; nancial Services, the Committee on Vet- ‘‘(A) in any case in which—
‘‘(II) administrative capacity; and erans’ Affairs, and the Committee on Appro- ‘‘(i)(I) a child is dead or exhibits evidence
‘‘(III) any other funding criteria estab- priations of the House of Representatives. of skin bruising, bleeding, malnutrition, fail-
lished by the Secretary in a notice published ‘‘(II) ANALYSIS OF HOUSING STOCK LIMITA- ure to thrive, burns, fracture of any bone,
in the Federal Register after consulting with TION.—The Secretary shall include in the ini- subdural hematoma, soft tissue swelling; and
the Secretary of Veterans Affairs. tial report submitted under subclause (I) a ‘‘(II) such condition is not justifiably ex-
‘‘(vi) ADMINISTRATION.—Grants awarded description of— plained or may not be the product of an acci-
under the Program shall be administered in ‘‘(aa) any regulations governing the use of dental occurrence; or
accordance with the Native American Hous- formula current assisted stock (as defined in ‘‘(ii) a child is subjected to sexual assault,
ing Assistance and Self-Determination Act section 1000.314 of title 24, Code of Federal sexual molestation, sexual exploitation, sex-
of 1996 (25 U.S.C. 4101 et seq.), except that re- Regulations (or any successor regulation)) ual contact, or prostitution;’’.
cipients shall— within the Program; (2) In section 409 (25 U.S.C. 3208)—
‘‘(I) submit to the Secretary, in a manner ‘‘(bb) the number of recipients of grants (A) in subsection (a)—
prescribed by the Secretary, reports on the under the Program that have reported the (i) by striking ‘‘The Secretary of Health
utilization of rental assistance provided regulations described in item (aa) as a bar- and Human Services, acting through the
under the Program; and rier to implementation of the Program; and Service and in cooperation with the Bureau’’
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‘‘(II) provide to the Secretary information ‘‘(cc) proposed alternative legislation or and inserting ‘‘The Service, in cooperation
specified by the Secretary to assess the ef- regulations developed by the Secretary in with the Bureau’’; and
fectiveness of the Program in serving eligi- consultation with recipients of grants under (ii) by striking ‘‘sexual abuse’’ and insert-
ble Indian veterans. the Program to allow the use of formula cur- ing ‘‘abuse or neglect’’;
‘‘(vii) CONSULTATION.— rent assisted stock within the Program.’’. (B) in subsection (b) through the end of the
‘‘(I) GRANT RECIPIENTS; TRIBAL ORGANIZA- SEC. 324. LEVERAGING. section, by striking ‘‘Secretary of Health
TIONS.—The Secretary, in coordination with All funds provided under a grant made pur- and Human Services’’ each place it appears
the Secretary of Veterans Affairs, shall con- suant to this title or the amendments made and inserting ‘‘Service’’;
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9655
(C) in subsection (b)(1), by inserting after ‘‘(5) develop model intergovernmental (II) in subparagraph (B), by striking
‘‘Any Indian tribe or intertribal consortium’’ agreements between Tribes and States, and ‘‘cases, to the extent practicable,’’ and in-
the following: ‘‘, on its own or in partnership other materials that provide examples of serting ‘‘and neglect cases’’;
with an urban Indian organization,’’; how Federal, State, and Tribal governments (B) in subsection (f)—
(D) in subsections (b)(2)(B) and (d), by can develop effective relationships and pro- (i) in paragraph (2), by striking ‘‘develop,
striking ‘‘such Secretary’’ each place it ap- vide for maximum cooperation in the fur- in consultation with Indian tribes, appro-
pears and inserting ‘‘the Service’’; therance of prevention, investigation, treat- priate caseload standards and staffing re-
(E) by amending subsection (c) to read as ment, and prosecution of incidents of family quirements which are comparable to stand-
follows: violence and child abuse and child neglect ards developed by the National Association
‘‘(c) CULTURALLY APPROPRIATE TREAT- involving Indian children and families.’’; and of Social Work, the Child Welfare League of
MENT.—In awarding grants under this sec- (E) in subsection (e)— America and other professional associations
tion, the Service shall encourage the use of (i) in the heading, by striking ‘‘MULTIDISCI- in the field of social work and child welfare’’
culturally appropriate treatment services PLINARY TEAM’’ and inserting ‘‘TEAM’’; and inserting ‘‘develop, not later than one
and programs that respond to the unique cul- (ii) in the text before paragraph (1), by year after the date of the enactment of the
tural values, customs, and traditions of ap- striking ‘‘Each multidisciplinary’’ and in- Native American Child Protection Act, in
plicant Indian Tribes.’’; serting ‘‘The’’; and consultation with Indian Tribes, appropriate
(F) in subsection (d)(2), by striking ‘‘the (F) by amending subsections (f), (g), and (h) caseload standards and staffing require-
Secretary’’ and inserting ‘‘the Service’’; to read as follows: ments’’;
(G) by redesignating subsection (e) as sub- ‘‘(f) CENTER ADVISORY BOARD.—The Sec- (ii) in paragraph (3)(D), by striking ‘‘sexual
section (f); retary shall establish an advisory board to abuse’’ and inserting ‘‘abuse and neglect,
(H) by inserting after subsection (d) the advise and assist the National Indian Child high incidence of family violence’’;
following: Resource and Family Services Center in car- (iii) by amending paragraph (4) to read as
‘‘(e) REPORT.—Not later than 2 years after rying out its activities under this section. follows:
the date of the enactment of the Native The advisory board shall consist of 12 mem- ‘‘(4) The formula established pursuant to
American Child Protection Act, the Service bers appointed by the Secretary from Indian this subsection shall provide funding nec-
shall submit a report to Congress on the Tribes, Tribal organizations, and urban In- essary to support not less than one child pro-
award of grants under this section. The re- dian organizations with expertise in child tective services or family violence case-
port shall contain— abuse and child neglect. Members shall serve worker, including fringe benefits and support
‘‘(1) a description of treatment and services without compensation, but may be reim- costs, for each Indian Tribe.’’; and
for which grantees have used funds awarded bursed for travel and other expenses while (iv) in paragraph (5), by striking ‘‘tribes’’
under this section; and carrying out the duties of the board. The ad- and inserting ‘‘Indian Tribes’’;
‘‘(2) any other information that the Serv- visory board shall assist the Center in co- (C) by amending subsection (g) to read as
ice requires.’’; and ordinating programs, identifying training follows:
(I) by amending subsection (f) (as so redes- and technical assistance materials, and de- ‘‘(g) REPORT.—Not later than 2 years after
ignated by subparagraph (G) of this para- veloping intergovernmental agreements re- the date of the enactment of the Native
graph), to read as follows: lating to family violence, child abuse, and American Child Protection Act, the Sec-
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— retary of the Interior, acting through the
child neglect.
There are authorized to be appropriated to Bureau of Indian Affairs, shall submit a re-
carry out this section $30,000,000 for each of ‘‘(g) APPLICATION OF INDIAN SELF-DETER-
MINATION ACT TO THE CENTER.—The National port to Congress on the award of grants
fiscal years 2023 through 2028.’’.
Indian Child Resource and Family Services under this section. The report shall con-
(3) In section 410 (25 U.S.C. 3209)—
Center shall be subject to the provisions of tain—
(A) in the heading—
the Indian Self-Determination Act. The Sec- ‘‘(1) a description of treatment and services
(i) by inserting ‘‘NATIONAL’’ before ‘‘IN-
retary may also contract for the operation of for which grantees have used funds awarded
DIAN’’; and
the Center with a nonprofit Indian organiza- under this section; and
(ii) by striking ‘‘CENTERS’’ and inserting
tion governed by an Indian-controlled board ‘‘(2) any other information that the Sec-
‘‘CENTER’’;
of directors that have substantial experience retary of the Interior requires.’’; and
(B) by amending subsections (a) and (b) to
in child abuse, child neglect, and family vio- (D) by amending subsection (i) to read as
read as follows:
lence involving Indian children and families. follows:
‘‘(a) ESTABLISHMENT.—Not later than 1
year after the date of the enactment of the ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
Native American Child Protection Act, the
carry out this section $3,000,000 for each of There are authorized to be appropriated to
Secretary shall establish a National Indian
fiscal years 2023 through 2028.’’. carry out this section $60,000,000 for each of
Child Resource and Family Services Center.
‘‘(b) REPORT.—Not later than 2 years after (4) In section 411 (25 U.S.C. 3210)— fiscal years 2023 through 2028.’’.
the date of the enactment of the Native (A) in subsection (d)— TITLE VII—NATIVE AMERICAN DIRECT
American Child Protection Act, the Sec- (i) in paragraph (1)— LOAN IMPROVEMENT ACT
retary of the Interior, acting through the (I) in subparagraph (A), by striking ‘‘abuse SEC. 701. SHORT TITLE.
Bureau of Indian Affairs, shall submit a re- and child neglect’’ and inserting ‘‘abuse, ne- This title may be cited as the ‘‘Native
port to Congress on the status of the Na- glect, or both’’; American Direct Loan Improvement Act’’.
tional Indian Child Resource and Family (II) in subparagraph (B), by striking ‘‘and’’ SEC. 702. IMPROVEMENTS TO PROGRAM FOR DI-
Services Center.’’; at the end; and RECT HOUSING LOANS MADE TO NA-
(C) in subsection (c)— (III) by inserting after subparagraph (C), TIVE AMERICAN VETERANS BY THE
(i) by striking ‘‘Each’’ and inserting the following: SECRETARY OF VETERANS AFFAIRS.
‘‘The’’; and ‘‘(D) development of agreements between (a) DIRECT LOANS TO NATIVE AMERICAN
(ii) by striking ‘‘multidisciplinary’’; Tribes, States, or private agencies on the co- VETERANS TO REFINANCE EXISTING MORTGAGE
(D) in subsection (d)— ordination of child abuse and neglect preven- LOANS.—Section 3762(h)(1) of title 38, United
(i) in the text before paragraph (1), by tion, investigation, and treatment services; States Code, is amended by inserting ‘‘and
striking ‘‘Each’’ and inserting ‘‘The’’; ‘‘(E) child protective services operational existing mortgage loans’’ after ‘‘section’’.
(ii) in paragraph (1), by striking ‘‘and costs including transportation, risk and pro- (b) EXPANSION OF OUTREACH PROGRAM ON
inter-tribal consortia’’ and inserting ‘‘inter- tective factors assessments, family engage- AVAILABILITY OF DIRECT HOUSING LOANS FOR
tribal consortia, and urban Indian organiza- ment and kinship navigator services, and rel- NATIVE AMERICAN VETERANS.—Section
tions’’; ative searches, criminal background checks 3762(i)(2) of such title is amended by adding
(iii) in paragraph (2), by inserting ‘‘urban for prospective placements, and home stud- at the end the following new subparagraph:
Indian organizations,’’ after ‘‘tribal organi- ies; and ‘‘(G) Awarding grants to local service pro-
zations,’’; ‘‘(F) development of a Tribal child protec- viders, such as tribal organizations, tribally
(iv) in paragraph (3)— tion or multidisciplinary team to assist in designated housing entities, Native commu-
(I) by inserting ‘‘and technical assistance’’ the prevention and investigation of child nity development financial institutions, and
after training; and abuse and neglect;’’; nonprofit organizations, for conducting out-
(II) by striking ‘‘and to tribal organiza- (ii) in paragraph (2)— reach, homebuyer education, housing coun-
tions’’ and inserting ‘‘, Tribal organizations, (I) in subparagraph (A), by inserting ‘‘in seling, risk mitigation, and other technical
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and urban Indian organizations’’; culturally appropriate ways’’ after ‘‘inci- assistance as needed to assist Native Amer-
(v) in paragraph (4)— dents of family violence’’; and ican veterans seeking to qualify for mort-
(I) by inserting ‘‘, State,’’ after ‘‘Federal’’; (II) in subparagraph (C), by inserting ‘‘that gage financing.’’.
and may include culturally appropriate pro- (c) DEFINITIONS.—Section 3765 of such title
(II) by striking ‘‘and tribal’’ and inserting grams’’ after ‘‘training programs’’; and is amended by adding at the end the fol-
‘‘Tribal, and urban Indian’’; and (iii) in paragraph (3)— lowing new paragraphs:
(vi) by amending paragraph (5) to read as (I) in subparagraph (A), by inserting ‘‘and ‘‘(6) The term ‘community development fi-
follows: neglect’’ after ‘‘abuse’’; and nancial institution’ has the meaning given
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S9656 CONGRESSIONAL RECORD — SENATE December 20, 2022
that term in section 103 of the Community (E) those areas or communities designated ‘Confederated Tribes of Siletz Indians of Or-
Development Banking and Financial Institu- by the Assistant Secretary of Indian Affairs egon against State of Oregon’, entered on
tions Act of 1994 (12 U.S.C. 4702). of the Department of the Interior that are May 2, 1980.
‘‘(7) The term ‘Native community develop- near, adjacent, or contiguous to reservations ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’
ment financial institution’ means any enti- where financial assistance and social service has the meaning given the term in section 4
ty— programs are provided to Indians because of of the Indian Self-Determination and Edu-
‘‘(A) that has been certified as a commu- their status as Indians; and cation Assistance Act (25 U.S.C. 5304).
nity development financial institution by (9) the term ‘‘qualified non-Native Amer- ‘‘(3) SILETZ AGREEMENT.—The term ‘Siletz
the Secretary of the Treasury; ican veteran’’ has the meaning given the Agreement’ means the agreement entitled
‘‘(B) that is not less than 50 percent owned term in section 3765 of title 38, United States ‘Agreement Among the State of Oregon, the
or controlled by Indians, Alaska natives, or Code. United States of America and the Confed-
native Hawaiians; and (b) ESTABLISHMENT.—The Secretary of Vet- erated Tribes of the Siletz Indians of Oregon
‘‘(C) for which not less than 50 percent of erans Affairs shall carry out a pilot program to Permanently Define Tribal Hunting, Fish-
the activities of the entity serve Indians, to assess the feasibility and advisability of ing, Trapping, and Gathering Rights of the
Alaska natives, or native Hawaiians. making direct housing loans to Native com- Siletz Tribe and its Members’ and entered
‘‘(8) The term ‘tribally designated housing munity development financial institutions into by the United States on April 22, 1980.
entity’ has the meaning given that term in to allow such institutions to relend loan ‘‘(b) HUNTING, FISHING, TRAPPING, AND ANI-
section 4 of the Native American Housing amounts to qualified Native American vet- MAL GATHERING AGREEMENTS.—
Assistance and Self-Determination Act of erans and qualified non-Native American ‘‘(1) IN GENERAL.—The Siletz Agreement
1996 (25 U.S.C. 4103).’’. veterans. shall remain in effect until and unless re-
SEC. 703. PILOT PROGRAM ON RELENDING OF DI- (c) APPLICATION REQUIREMENTS.—A Native placed, amended, or otherwise modified by 1
RECT HOUSING LOANS BY NATIVE community development financial institu- or more successor government-to-govern-
COMMUNITY DEVELOPMENT FINAN-
tion desiring a loan under the pilot program ment agreements between the Confederated
CIAL INSTITUTIONS.
shall demonstrate that the institution— Tribes of Siletz Indians and the State of Or-
(a) DEFINITIONS.—In this section—
(1) can provide the non-Federal cost share egon relating to the hunting, fishing, trap-
(1) the term ‘‘Alaska Native’’ has the
required under paragraph (6); and ping, and animal gathering rights of the Con-
meaning given the term ‘‘Native’’ in section
3(b) of the Alaska Native Claims Settlement (2) is able to originate and service loans for federated Tribes of Siletz Indians.
Act (43 U.S.C. 1602(b)); single family homes. ‘‘(2) AMENDMENTS.—The Siletz Agreement
(d) LENDING REQUIREMENTS.—A Native or any successor agreement entered into
(2) the term ‘‘community development fi-
community development financial institu- under paragraph (1) may be amended from
nancial institution’’ has the meaning given
the term in section 103 of the Community tion that receives a loan pursuant to the time to time by mutual consent of the Con-
Development Banking and Financial Institu- pilot program shall— federated Tribes of Siletz Indians and the
tions Act of 1994 (12 U.S.C. 4702); (1) use those amounts to make loans to State of Oregon.
(3) the term ‘‘Indian Tribe’’ has the mean- borrowers who— ‘‘(c) JUDICIAL REVIEW.—In any action
ing given the term ‘‘Indian tribe’’ in section (A) are members of an Indian Tribe, an brought in the United States District Court
4 of the Native American Housing Assistance Alaska Native community, or a Native Ha- for the District of Oregon to rescind, over-
and Self-Determination Act of 1996 (25 U.S.C. waiian community; or turn, modify, or provide relief under Federal
4103); (B) maintain a household in which not less law from the Consent Decree, the United
(4) the term ‘‘Native American veteran’’ 1 member is a member of an Indian Tribe, an States District Court for the District of Or-
has the meaning given the term in section Alaska Native community, or a Native Ha- egon shall review the application of the par-
3765 of title 38, United States Code; waiian community; and ties on the merits without regard to the de-
(5) the term ‘‘Native community develop- (2) in making loans under paragraph (1), fense of res judicata or collateral estoppel.
ment financial institution’’ means an enti- give priority to borrowers described in that ‘‘(d) EFFECT.—Nothing in this section en-
ty— paragraph who are residing on priority Trib- larges, confirms, adjudicates, affects, or
(A) that has been certified as a community al land. modifies any treaty or other right of an In-
development financial institution by the (e) INTEREST RATE.—A loan made to a Na- dian Tribe.’’.
Secretary of the Treasury; tive community development financial insti- TITLE IX—CONFEDERATED TRIBES OF
(B) that is not less than 50 percent owned tution under the pilot program shall bear in- THE CHEHALIS RESERVATION LEASING
or controlled by members of Indian Tribes, terest at a rate of 1 percent. AUTHORITY
(f) NON-FEDERAL COST SHARE.—
Alaska Native communities, or Native Ha- SEC. 901. CONFEDERATED TRIBES OF THE CHE-
(1) IN GENERAL.—A Native community de-
waiian communities; and HALIS RESERVATION LEASING AU-
velopment financial institution that receives
(C) for which not less than 50 percent of THORITY.
a loan under the pilot program shall be re-
the activities of the entity serve Indian Subsection (a) of the first section of the
quired to match not less than 20 percent of
Tribes, Alaska Native communities, or Na- Act of August 9, 1955 (69 Stat. 539, chapter
the amount received.
tive Hawaiian communities; 615; 25 U.S.C. 415(a)), is amended, in the sec-
(2) WAIVER.—In the case of a loan for which
(6) the term ‘‘Native Hawaiian’’ has the ond sentence, by inserting ‘‘, land held in
amounts are used to make loans to bor-
meaning given the term in section 801 of the trust for the Confederated Tribes of the Che-
rowers described in subsection (d)(2), the
Native American Housing Assistance and halis Reservation’’ after ‘‘Crow Tribe of
Secretary shall waive the non-Federal cost
Self-Determination Act of 1996 (25 U.S.C. Montana’’.
share requirement described in paragraph (1)
4221); TITLE X—AGUA CALIENTE LAND EX-
with respect to those loan amounts.
(7) the term ‘‘pilot program’’ means the CHANGE FEE TO TRUST CONFIRMATION
(g) REPAYMENT.—A Native community de-
pilot program carried out under this section; ACT
velopment financial institution shall repay a
(8) the term ‘‘priority Tribal land’’
loan made under the pilot program to the SEC. 1001. SHORT TITLE.
means—
Secretary of Veterans Affairs. This title may be cited as the ‘‘Agua
(A) any land located within the boundaries
(h) FUNDING.—Of amounts made available, Caliente Land Exchange Fee to Trust Con-
of—
for the fiscal year following the fiscal year firmation Act’’.
(i) an Indian reservation, pueblo, or
in which this Act is enacted, for the program SEC. 1002. LANDS TO BE TAKEN INTO TRUST.
rancheria; or
for direct housing loans for Native American
(ii) a former reservation within Oklahoma; (a) IN GENERAL.—The approximately 2,560
veterans under subchapter V of chapter 37 of
(B) any land not located within the bound- acres of land owned by the Agua Caliente
title 38, United States Code, the Secretary of
aries of an Indian reservation, pueblo, or Band of Cahuilla Indians generally depicted
Veterans Affairs may use $5,000,000 to carry
rancheria, the title to which is held— as ‘‘Lands to be Taken into Trust’’ on the
out the pilot program.
(i) in trust by the United States for the map entitled ‘‘Agua Caliente Band of
benefit of an Indian Tribe or an individual TITLE VIII—SILETZ RESERVATION ACT Cahuilla Indians Land to be Taken into
Indian; AMENDMENT Trust’’ and dated November 17, 2021, is here-
(ii) by an Indian Tribe or an individual In- SEC. 801. SILETZ RESERVATION ACT AMEND- by taken into trust by the United States for
dian, subject to restriction against alien- MENT. the benefit of the Agua Caliente Band of
ation under laws of the United States; or Section 4 of Public Law 96–340 (commonly Cahuilla Indians.
(iii) by a dependent Indian community; known as the ‘‘Siletz Reservation Act’’) (96 (b) LANDS PART OF RESERVATION.—Lands
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(C) any land located within a region estab- Stat. 1074) is amended to read as follows: taken into trust by this section shall be part
lished pursuant to section 7(a) of the Alaska ‘‘SEC. 4. HUNTING, FISHING, TRAPPING, AND ANI- of the Tribe’s reservation and shall be ad-
Native Claims Settlement Act (43 U.S.C. MAL GATHERING. ministered in accordance with the laws and
1606(a)); ‘‘(a) DEFINITIONS.—In this section: regulations generally applicable to property
(D) Hawaiian Home Lands, as defined in ‘‘(1) CONSENT DECREE.—The term ‘Consent held in trust by the United States for an In-
section 801 of the Native American Housing Decree’ means the final judgment and decree dian Tribe.
Assistance and Self-Determination Act of of the United States District Court for the (c) GAMING PROHIBITED.—Lands taken into
1996 (25 U.S.C. 4221); or District of Oregon, in the action entitled trust by this section for the benefit of the
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9657
Agua Caliente Band of Cahuilla Indians shall eign persons that have engaged in sig- list maintained by the Bureau of Industry
not be eligible for gaming under the Indian nificant theft of trade secrets of United and Security of the Department of Com-
Gaming Regulatory Act (25 U.S.C. 2701 et States persons, and for other purposes; merce and set forth in Supplement No. 4 to
seq.). part 744 of the Export Administration Regu-
as follows:
TITLE XI—NATIVE AMERICAN TOURISM lations, for activities contrary to the na-
Strike all after the enacting clause and in- tional security or foreign policy interests of
GRANT PROGRAMS sert the following: the United States.
SEC. 1101. NATIVE AMERICAN TOURISM GRANT SECTION 1. SHORT TITLE.
PROGRAMS. (C) EXPORT-IMPORT BANK ASSISTANCE FOR
This Act may be cited as the ‘‘Protecting EXPORTS TO SANCTIONED PERSONS.—The Presi-
The Native American Tourism and Improv- American Intellectual Property Act of 2022’’.
ing Visitor Experience Act (25 U.S.C. 4351 et dent may direct the Export-Import Bank of
SEC. 2. IMPOSITION OF SANCTIONS WITH RE- the United States not to give approval to the
seq.) is amended— SPECT TO THEFT OF TRADE SE-
issuance of any guarantee, insurance, exten-
(1) by redesignating section 6 (25 U.S.C. CRETS OF UNITED STATES PERSONS.
sion of credit, or participation in the exten-
4355) as section 7; and (a) REPORT REQUIRED.—
sion of credit in connection with the export
(2) by inserting after section 5 (25 U.S.C. (1) IN GENERAL.—Not later than 180 days
of any goods or services to the entity.
4354) the following: after the date of the enactment of this Act,
(D) LOANS FROM UNITED STATES FINANCIAL
‘‘SEC. 6. NATIVE AMERICAN TOURISM GRANT and not less frequently than annually there-
INSTITUTIONS.—The President may prohibit
PROGRAMS. after, the President shall submit to the ap- any United States financial institution from
‘‘(a) BUREAU OF INDIAN AFFAIRS PRO- propriate congressional committees a re- making loans or providing credits to the en-
GRAM.—The Director of the Bureau of Indian port— tity totaling more than $10,000,000 in any 12-
Affairs may make grants to and enter into (A) identifying any foreign person the month period unless the person is engaged in
agreements with Indian tribes and tribal or- President determines, during the period activities to relieve human suffering and the
ganizations to carry out the purposes of this specified in paragraph (2)— loans or credits are provided for such activi-
Act, as described in section 2. (i) has knowingly engaged in, or benefitted ties.
‘‘(b) OFFICE OF NATIVE HAWAIIAN RELA- from, significant theft of trade secrets of (E) LOANS FROM INTERNATIONAL FINANCIAL
TIONS.—The Director of the Office of Native United States persons, if the theft of such INSTITUTIONS.—The President may direct the
Hawaiian Relations may make grants to and trade secrets occurred on or after such date United States executive director to each
enter into agreements with Native Hawaiian of enactment and is reasonably likely to re- international financial institution to use the
organizations to carry out the purposes of sult in, or has materially contributed to, a voice and vote of the United States to oppose
this Act, as described in section 2. significant threat to the national security, any loan from the international financial in-
‘‘(c) OTHER FEDERAL AGENCIES.—The heads foreign policy, or economic health or finan- stitution that would benefit the entity.
of other Federal agencies, including the Sec- cial stability of the United States; (F) PROHIBITIONS ON FINANCIAL INSTITU-
retaries of Commerce, Transportation, Agri- (ii) has provided significant financial, ma- TIONS.—The following prohibitions may be
culture, Health and Human Services, and terial, or technological support for, or goods imposed against the entity if the entity is a
Labor, may make grants under this author- or services in support of or to benefit signifi- financial institution:
ity to and enter into agreements with Indian cantly from, such theft; (i) PROHIBITION ON DESIGNATION AS PRIMARY
tribes, tribal organizations, and Native Ha- (iii) is an entity that is owned or con- DEALER.—Neither the Board of Governors of
waiian organizations to carry out the pur- trolled by, or that has acted or purported to the Federal Reserve System nor the Federal
poses of this Act, as described in section 2. act for or on behalf of, directly or indirectly, Reserve Bank of New York may designate, or
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— any foreign person identified under clause (i) permit the continuation of any prior des-
There are authorized to be appropriated to or (ii); or ignation of, the financial institution as a pri-
carry out this section such sums as may be (iv) is a chief executive officer or member mary dealer in United States Government
necessary.’’. of the board of directors of any foreign enti- debt instruments.
TITLE XII—EXTENSION OF, AND ADDI- ty identified under clause (i) or (ii); (ii) PROHIBITION ON SERVICE AS A REPOSI-
TIONAL SUPPORT FOR THE ACTIVITIES (B) describing the nature, objective, and TORY OF GOVERNMENT FUNDS.—The financial
OF, THE DEPARTMENT OF THE INTE- outcome of the theft of trade secrets each institution may not serve as agent of the
RIOR AND THE DEPARTMENT OF JUS- foreign person described in subparagraph United States Government or serve as repos-
TICE JOINT COMMISSION ON REDUCING (A)(i) engaged in or benefitted from; and itory for United States Government funds.
VIOLENT CRIME AGAINST INDIANS (C) assessing whether any chief executive The imposition of either sanction under
SEC. 1201. EXTENSION OF, AND ADDITIONAL SUP- officer or member of the board of directors clause (i) or (ii) shall be treated as one sanc-
PORT FOR THE ACTIVITIES OF, THE described in clause (iv) of subparagraph (A) tion for purposes of this paragraph, and the
DEPARTMENT OF THE INTERIOR engaged in, or benefitted from, activity de- imposition of both such sanctions shall be
AND THE DEPARTMENT OF JUSTICE scribed in clause (i) or (ii) of that subpara- treated as 2 sanctions for purposes of this
JOINT COMMISSION ON REDUCING graph. paragraph.
VIOLENT CRIME AGAINST INDIANS.
(2) PERIOD SPECIFIED.—The period specified (G) PROCUREMENT SANCTION.—The United
(a) EXTENSION OF COMMISSION AND ACTIVI- in this paragraph is— States Government may not procure, or
TIES OF THE COMMISSION.—Section 4 of the enter into any contract for the procurement
(A) in the case of the first report required
Not Invisible Act of 2019 (Public Law 116–166; by paragraph (1), the period beginning on the of, any goods or services from the entity.
134 Stat. 767) is amended— date of the enactment of this Act and ending (H) FOREIGN EXCHANGE.—The President
(1) in subsection (c)(2)(B), by striking ‘‘18 on the date on which the report is required may, pursuant to such regulations as the
months after the enactment’’ and inserting to be submitted; and President may prescribe, prohibit any trans-
‘‘36 months after the date of enactment’’; (B) in the case of each subsequent report actions in foreign exchange that are subject
and required by paragraph (1), the one-year pe- to the jurisdiction of the United States and
(2) in subsection (e), by striking ‘‘2 years’’ riod preceding the date on which the report in which the entity has any interest.
and inserting ‘‘42 months’’. is required to be submitted. (I) BANKING TRANSACTIONS.—The President
(b) ADDITIONAL SUPPORT FOR ACTIVITIES OF (3) FORM OF REPORT.—Each report required may, pursuant to such regulations as the
COMMISSION.—Section 4(b) of the Not Invis- by paragraph (1) shall be submitted in un- President may prescribe, prohibit any trans-
ible Act of 2019 (Public Law 116–166; 134 Stat. classified form but may include a classified fers of credit or payments between financial
767) is amended— annex. institutions or by, through, or to any finan-
(1) in the subsection heading, by inserting (b) AUTHORITY TO IMPOSE SANCTIONS.— cial institution, to the extent that such
‘‘; OPERATION’’ after ‘‘MEMBERSHIP’’; and (1) SANCTIONS APPLICABLE TO ENTITIES.—In transfers or payments are subject to the ju-
(2) by adding at the end the following: the case of a foreign entity identified under risdiction of the United States and involve
‘‘(7) FUNDING.—The Secretary of the Inte- subparagraph (A) of subsection (a)(1) in the any interest of the entity.
rior and the Attorney General shall con- most recent report submitted under that (J) BAN ON INVESTMENT IN EQUITY OR DEBT
tribute the funds necessary for the operation subsection, the President shall impose 5 or OF SANCTIONED PERSON.—The President may,
of the Commission. more of the following: pursuant to such regulations or guidelines as
‘‘(8) GIFTS.—The Commission may accept (A) BLOCKING OF PROPERTY.—The President the President may prescribe, prohibit any
and use gifts or donations of services or may, pursuant to the International Emer- United States person from investing in or
property from Indian tribes or Tribal enti- gency Economic Powers Act (50 U.S.C. 1701 purchasing significant amounts of equity or
ties, academic institutions, or other not-for- et seq.), block and prohibit all transactions debt instruments of the entity.
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profit organizations as it considers necessary in all property and interests in property of (K) EXCLUSION OF CORPORATE OFFICERS.—
to carry out the duties of the Commission the entity if such property and interests in The President may direct the Secretary of
described in subsection (c).’’. property are in the United States, come State to deny a visa to, and the Secretary of
--- within the United States, or are or come Homeland Security to exclude from the
SA 6580. Mr. HEINRICH (for Mr. VAN within the possession or control of a United United States, any alien that the President
HOLLEN) proposed an amendment to States person. determines is a corporate officer or principal
the bill S. 1294, to authorize the impo- (B) INCLUSION ON ENTITY LIST.—The Presi- of, or a shareholder with a controlling inter-
sition of sanctions with respect to for- dent may include the entity on the entity est in, the entity.
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S9658 CONGRESSIONAL RECORD — SENATE December 20, 2022
(L) SANCTIONS ON PRINCIPAL EXECUTIVE OF- (3) EXCEPTION TO COMPLY WITH INTER- 3946, to reauthorize the Trafficking
FICERS.—The President may impose on the NATIONAL AGREEMENTS.—Sanctions under Victims Protection Act of 2017, and for
principal executive officer or officers of the this section shall not apply with respect to other purposes; as follows:
entity, or on individuals performing similar the admission of an alien to the United
functions and with similar authorities as States if such admission is necessary to com- Strike all after the enacting clause and in-
such officer or officers, any of the sanctions ply with the obligations of the United States sert the following:
under this paragraph. under the Agreement regarding the Head- SECTION 1. SHORT TITLE.
(2) SANCTIONS APPLICABLE TO INDIVIDUALS.— quarters of the United Nations, signed at This Act may be cited as the ‘‘Abolish
In the case of an alien identified under sub- Lake Success June 26, 1947, and entered into Trafficking Reauthorization Act of 2022’’.
paragraph (A) of subsection (a)(1) in the most force November 21, 1947, between the United SEC. 2. TABLE OF CONTENTS.
recent report submitted under that sub- Nations and the United States, or the Con- The table of contents for this Act is as fol-
section, the following shall apply: vention on Consular Relations, done at Vi- lows:
(A) BLOCKING OF PROPERTY.—The President enna April 24, 1963, and entered into force Sec. 1. Short title.
shall, pursuant to the International Emer- March 19, 1967, or other international obliga- Sec. 2. Table of contents.
gency Economic Powers Act (50 U.S.C. 1701 tions. Sec. 3. Definitions.
et seq.), block and prohibit all transactions (4) EXCEPTION RELATING TO IMPORTATION OF TITLE I—GRANTS RELATING TO HUMAN
in all property and interests in property of GOODS.— TRAFFICKING PREVENTION AND AS-
the alien if such property and interests in (A) IN GENERAL.—The authority or a re- SISTANCE FOR VICTIMS OF HUMAN
property are in the United States, come quirement to impose sanctions under this TRAFFICKING
within the United States, or are or come section shall not include the authority or a
Sec. 101. Grants for specialized human traf-
within the possession or control of a United requirement to impose sanctions on the im-
ficking training and technical
States person. portation of goods.
assistance for service providers.
(B) INELIGIBILITY FOR VISAS, ADMISSION, OR (B) GOOD DEFINED.—In this paragraph, the
Sec. 102. Technical and clarifying update to
PAROLE.— term ‘‘good’’ means any article, natural or
civil remedy.
(i) VISAS, ADMISSION, OR PAROLE.—An alien manmade substance, material, supply, or
Sec. 103. Ensuring protection and confiden-
described in subparagraph (A) of subsection manufactured product, including inspection
tiality for survivors of human
(a)(1) is— and test equipment, and excluding technical
trafficking.
(I) inadmissible to the United States; data.
Sec. 104. Grants for State improvements.
(II) ineligible to receive a visa or other (f) SUNSET.—This section shall terminate
Sec. 105. Additional reauthorization.
documentation to enter the United States; on the date that is 7 years after the date of
Sec. 106. Redesignations.
and the enactment of this Act.
(III) otherwise ineligible to be admitted or (g) DEFINITIONS.—In this section: TITLE II—COMPENSATION OF VICTIMS
paroled into the United States or to receive (1) ADMISSION; ADMITTED; ALIEN; LAWFULLY OF HUMAN TRAFFICKING
any other benefit under the Immigration and ADMITTED FOR PERMANENT RESIDENCE.—The Sec. 201. Bankruptcy.
Nationality Act (8 U.S.C. 1101 et seq.). terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, TITLE III—CYBER HARASSMENT
(ii) CURRENT VISAS REVOKED.— and ‘‘lawfully admitted for permanent resi- PREVENTION
(I) IN GENERAL.—An alien described in sub- dence’’ have the meanings given those terms
Subtitle A—Cybercrime Statistics
paragraph (A) of subsection (a)(1) is subject in section 101 of the Immigration and Na-
to revocation of any visa or other entry doc- tionality Act (8 U.S.C. 1101). Sec. 311. National strategy, classification,
umentation regardless of when the visa or (2) APPROPRIATE CONGRESSIONAL COMMIT- and reporting on cybercrime.
other entry documentation is or was issued. TEES.—The term ‘‘appropriate congressional Subtitle B—Prioritizing Online Threat
(II) IMMEDIATE EFFECT.—A revocation committees’’ means— Enforcement
under subclause (I) shall— (A) the Committee on Banking, Housing, Sec. 321. Improved investigative and foren-
(aa) take effect pursuant to section 221(i) and Urban Affairs and the Committee on sic resources for enforcement of
of the Immigration and Nationality Act (8 Foreign Relations of the Senate; and laws related to cybercrimes
U.S.C. 1201(i)); and (B) the Committee on Financial Services against individuals.
(bb) cancel any other valid visa or entry and the Committee on Foreign Affairs of the Sec. 322. Report.
documentation that is in the alien’s posses- House of Representatives. Sec. 323. Information sharing.
sion. (3) ENTITY.—The term ‘‘entity’’ means a Sec. 324. Training and technical assistance
(c) NATIONAL INTEREST WAIVER.—The partnership, association, trust, joint ven- for States.
President may waive the imposition of sanc- ture, corporation, group, subgroup, or other
TITLE IV—OTHER FEDERAL IMPROVE-
tions under subsection (b) with respect to a organization.
MENTS RELATING TO HUMAN TRAF-
person if the President— (4) EXPORT ADMINISTRATION REGULATIONS.—
FICKING
(1) determines that such a waiver is in the The term ‘‘Export Administration Regula-
national interests of the United States; and tions’’ has the meaning given that term in Sec. 401. Cybercrime.
(2) not more than 15 days after issuing the section 1742 of the Export Control Reform Sec. 402. Elimination of barriers.
waiver, submits to the appropriate congres- Act of 2018 (50 U.S.C. 4801). Sec. 403. Tip organizations.
sional committees a notification of the waiv- (5) FOREIGN ENTITY.—The term ‘‘foreign en- Sec. 404. Data collection.
er and the reasons for the waiver. tity’’ means an entity that is not a United Sec. 405. Cumulative biennial report on data
(d) IMPLEMENTATION; PENALTIES.— States person. collection and statistics.
(1) IMPLEMENTATION.—The President may (6) FOREIGN PERSON.—The term ‘‘foreign Sec. 406. Forced labor requirements.
exercise all authorities provided under sec- person’’ means any person that is not a SEC. 3. DEFINITIONS.
tions 203 and 205 of the International Emer- United States person. In this Act:
gency Economic Powers Act (50 U.S.C. 1702 (7) KNOWINGLY.—The term ‘‘knowingly’’, (1) COMPUTER.—The term ‘‘computer’’ in-
and 1704) to carry out this section. with respect to conduct, a circumstance, or a cludes a computer network and any inter-
(2) PENALTIES.—A person that violates, at- result, means that a person has actual active electronic device.
tempts to violate, conspires to violate, or knowledge, or should have known, of the (2) CYBERCRIME AGAINST INDIVIDUALS.—The
causes a violation of this section or any reg- conduct, the circumstance, or the result. term ‘‘cybercrime against individuals’’ has
ulation, license, or order issued to carry out (8) PERSON.—The term ‘‘person’’ means an the meaning given that term in section
this section shall be subject to the penalties individual or entity. 1401(a) Violence Against Women Act Reau-
set forth in subsections (b) and (c) of section (9) TRADE SECRET.—The term ‘‘trade se- thorization Act of 2022 (34 U.S.C. 30107(a)).
206 of the International Emergency Eco- cret’’ has the meaning given that term in (3) HOMELESS YOUTH.—The term ‘‘homeless
nomic Powers Act (50 U.S.C. 1705) to the section 1839 of title 18, United States Code. youth’’ has the meaning given the term
same extent as a person that commits an un- (10) UNITED STATES PERSON.—The term ‘‘homeless children and youths’’ in section
lawful act described in subsection (a) of that ‘‘United States person’’ means— 725 of the McKinney-Vento Homeless Assist-
section. (A) a United States citizen or an alien law- ance Act (42 U.S.C. 11434a).
(e) EXCEPTIONS.— fully admitted for permanent residence to TITLE I—GRANTS RELATING TO HUMAN
(1) INTELLIGENCE ACTIVITIES.—This section the United States; TRAFFICKING PREVENTION AND AS-
shall not apply with respect to activities (B) an entity organized under the laws of SISTANCE FOR VICTIMS OF HUMAN
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subject to the reporting requirements under the United States or of any jurisdiction TRAFFICKING
title V of the National Security Act of 1947 within the United States, including a foreign
SEC. 101. GRANTS FOR SPECIALIZED HUMAN
(50 U.S.C. 3091 et seq.) or any authorized in- branch of such an entity; or TRAFFICKING TRAINING AND TECH-
telligence activities of the United States. (C) any person in the United States. NICAL ASSISTANCE FOR SERVICE
(2) LAW ENFORCEMENT ACTIVITIES.—Sanc- --- PROVIDERS.
tions under this section shall not apply with SA 6581. Mr. HEINRICH (for Mr. COR- (a) IN GENERAL.—Section 111(c)(1) of the
respect to any authorized law enforcement NYN (for himself and Ms. KLOBUCHAR)) Violence Against Women and Department of
activities of the United States. proposed an amendment to the bill S. Justice Reauthorization Act of 2005 (34
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9659
U.S.C. 20708(c)(1)) is amended by inserting ‘‘, ‘‘SEC. 204A. ENHANCING THE ABILITY OF STATE, ‘‘(D) TRAFFICKING-SPECIFIC PROTOCOL.—The
which may include programs to build law en- LOCAL, AND TRIBAL CHILD WEL- State has developed and implemented or will
FARE AGENCIES TO IDENTIFY AND
forcement capacity to identify and respond develop and implement a specialized protocol
RESPOND TO CHILDREN WHO ARE,
to human trafficking that are funded OR ARE AT RISK OF BEING, VICTIMS for responding to a child who is, or is at risk
through the Office of Community Oriented OF TRAFFICKING. of being, a trafficking victim to ensure the
Policing Services of the Department of Jus- ‘‘(a) GRANTS TO ENHANCE CHILD WELFARE response focuses on the child’s specific safe-
tice, such as the Interdiction for the Protec- SERVICES.—The Secretary of Health and ty needs as a victim of trafficking, and that
tion of Children Program’’ before the semi- Human Services may make grants to eligible includes the development and use of an alter-
colon. States to develop, improve, or expand pro- native mechanism for investigating and re-
(b) CONFORMING AMENDMENT.—Section grams that assist State, local, or Tribal sponding to cases of child human trafficking
107(c)(4)(A) of the Victims of Trafficking and child welfare agencies with identifying and in which the alleged offender is not the
Violence Protection Act of 2000 (22 U.S.C. responding to— child’s parent or caregiver without utilizing
7105(c)(4)(A)) is amended by inserting ‘‘in ‘‘(1) children considered victims of ‘child existing processes for investigating and re-
order to fulfill the purposes described in sec- abuse and neglect’ and of ‘sexual abuse’ sponding to other forms of child abuse or ne-
tion 111 of the Violence Against Women and under the application of section 111(b)(1) of glect that require the filing of an abuse or
Department of Justice Reauthorization Act the Child Abuse Prevention and Treatment neglect petition.
of 2005 (34 U.S.C. 20708)’’ before the period at Act (42 U.S.C. 5106g(b)(1)) because of being ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
the end. identified as being a victim or at risk of The term ‘Indian tribe’ and ‘tribal organiza-
being a victim of a severe form of trafficking tion’ have the meanings given those terms in
SEC. 102. TECHNICAL AND CLARIFYING UPDATE
in persons; and section 4 of the Indian Self-Determination
TO CIVIL REMEDY.
‘‘(2) children over whom such agencies and Education Assistance Act (25 U.S.C.
Section 1595(a) of title 18, United States have responsibility for placement, care, or 5304).
Code, is amended by inserting ‘‘or attempts supervision and for whom there is reasonable ‘‘(4) STATE.—The term ‘State’ means each
or conspires to benefit,’’ after ‘‘whoever cause to believe are, or are at risk of being of the 50 States, the District of Columbia,
knowingly benefits,’’. a victim of 1 or more severe forms of traf- the Commonwealth of Puerto Rico, the
SEC. 103. ENSURING PROTECTION AND CON- ficking in persons. United States Virgin Islands, Guam, Amer-
FIDENTIALITY FOR SURVIVORS OF ‘‘(b) DEFINITIONS.—In this section: ican Samoa, and the Commonwealth of the
HUMAN TRAFFICKING. ‘‘(1) CHILD.—The term ‘child’ means an in- Northern Mariana Islands. Such term in-
The Trafficking Victims Protection Act of dividual who has not attained 18 years of age cludes an Indian tribe, tribal organization,
2000 (22 U.S.C. 7101 et seq.) is amended by or such older age as the State has elected or tribal consortium with a plan approved
adding at the end the following: under section 475(8) of the Social Security under section 479B of the Social Security Act
Act (42 U.S.C. 675(8)). At the option of an eli- (42 U.S.C. 679c), or which is receiving funding
‘‘SEC. 114. ENSURING PROTECTION AND CON-
gible State, such term may include an indi- to provide foster care under part E of title IV
FIDENTIALITY FOR SURVIVORS OF
HUMAN TRAFFICKING. vidual who has not attained 26 years of age. of such Act pursuant to a cooperative agree-
‘‘(2) ELIGIBLE STATE.—The term ‘eligible ment or contract with a State.’’.
‘‘(a) DEFINITIONS.—In this section— State’ means a State that has not received (2) CONFORMING AMENDMENT.—The table of
‘‘(1) the term ‘covered grant’ means a more than 3 grants under this section and contents for the Trafficking Victims Protec-
grant from the Attorney General or the Sec- meets 1 or more of the following criteria: tion Reauthorization Act of 2005 (Public Law
retary of Health and Human Services under ‘‘(A) ELIMINATION OF THIRD PARTY CONTROL 109–164; 22 U.S.C. 7101 note) is amended by in-
section 106(b), 107(b), or 107(f); and REQUIREMENT.—The State has eliminated or serting after the item relating to section 204
‘‘(2) the term ‘covered recipient’ means a will eliminate any requirement relating to the following:
grantee or subgrantee receiving funds under identification of a controlling third party ‘‘204A. Enhancing the ability of State, local,
a covered grant. who causes a child to engage in a commer- and Tribal child welfare agen-
‘‘(b) GRANT CONDITIONS.—Covered grants cial sex act in order for the child to be con- cies to identify and respond to
and covered recipients shall be subject, at sidered a victim of trafficking or a victim of children who are, or are at risk
the election of the Attorney General or the 1 or more severe forms of trafficking in per- of being, victims of traf-
Secretary of Health and Human Services, as sons for purposes of accessing child welfare ficking.’’.
applicable, to— services and care. (b) FUNDING.—Section 113(b) of the Traf-
‘‘(1) the conditions under section 40002(b)(2) ‘‘(B) APPLICATION OF STANDARD FOR HUMAN ficking Victims Protection Act of 2000 (22
of the Violence Against Women Act of 1994 TRAFFICKING.—The State considers a child to U.S.C. 7110(b)) is amended by adding at the
(34 U.S.C. 12291(b)(2)) that apply with respect be a victim of trafficking if the individual is end the following:
to grants under such Act and grantees and a victim of a severe form of trafficking in ‘‘(3) GRANTS FOR STATE IMPROVEMENTS.—To
subgrantees for such grants; or persons, as described in subparagraph (A) of carry out the purposes of section 204A of the
‘‘(2) the conditions under section 306(c)(5) section 103(11) of the Trafficking Victims Trafficking Victims Protection Reauthoriza-
of the Family Violence Prevention and Serv- Protection Act of 2000 (22 U.S.C. 7102(11)). tion Act of 2005, there are authorized to be
ices Act (42 U.S.C. 10406(c)(5)) that apply ‘‘(C) DEVELOPMENT AND IMPLEMENTATION OF appropriated $4,000,000 to the Secretary of
with respect to grants under such Act and STATE CHILD WELFARE PLAN PROTOCOLS.—The Health and Human Services for each of fiscal
grantees and subgrantees for such grants. State agency responsible for administering years 2022 through 2027.’’.
‘‘(c) DEPARTMENT OF JUSTICE-SPONSORED the State plan for foster care and adoption (c) SENSE OF CONGRESS REGARDING HEALTH
RESEARCH.—Nothing in this section shall be assistance under part E of title IV of the So- CARE PROFESSIONALS AND TRAFFICKING PRE-
construed to prohibit a covered recipient cial Security Act (42 U.S.C. 670 et seq.) has VENTION.—It is the sense of Congress that
from sharing personally identifying informa- developed and is implementing or will de- health care and social service licensing
tion with researchers seeking the informa- velop and implement protocols that meet the boards and professional membership associa-
tion for the purposes of conducting re- following reporting requirements: tions should facilitate access to trafficking-
search— ‘‘(i) The requirement to report imme- specific training guided by the Department
‘‘(1) that is funded by the Department of diately, and in no case later than 24 hours of Health and Human Service’s Core Com-
Justice; after receiving, information on children who petencies for Human Trafficking Response in
‘‘(2) for which protections are in place in have been identified as being a victim of a Health Care and Behavioral Health Systems
accordance with the requirements under part severe form of trafficking in persons to law on—
22 of title 28, Code of Federal Regulations, or enforcement authorities under paragraph (1) the scope and signs of human traf-
any successor thereto, and section 812(a) of (34)(A) of section 471(a) of the Social Secu- ficking and child sexual abuse that present
the Omnibus Crime Control and Safe Streets rity Act (42 U.S.C. 671(a)). in the applicable health care, behavioral
Act of 1968 (34 U.S.C. 10231(a)); and ‘‘(ii) The requirement to report imme- health, or social services settings;
‘‘(3) for which a current privacy certificate diately, and in no case later than 24 hours (2) how to interact with potential victims
is on file documenting how the researchers after receiving, information on missing or of trafficking (as defined in section 103 of the
intend to fulfill the obligations under such abducted children to law enforcement au- Trafficking Victims Protection Act of 2000
part 22.’’. thorities, including children classified as (22 U.S.C. 7102)) and with survivors of human
‘runaways’, for entry into the National trafficking, using an age-appropriate, gen-
SEC. 104. GRANTS FOR STATE IMPROVEMENTS. Crime Information Center (NCIC) database of der-responsive, culturally and linguistically
(a) ENHANCING THE ABILITY OF STATE, the Federal Bureau of Investigation, and to appropriate, and trauma-informed approach;
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LOCAL, AND TRIBAL CHILD WELFARE AGENCIES the National Center for Missing and Ex- and
TO IDENTIFY AND RESPOND TO CHILDREN WHO ploited Children, under paragraph (35)(B) of (3) the manner in which to respond to vic-
ARE, OR ARE AT RISK OF BEING, VICTIMS OF such section. tims and potential victims of trafficking or
TRAFFICKING.— ‘‘(iii) The requirement to report to the Sec- child sexual exploitation and abuse.
(1) IN GENERAL.—Title II of the Trafficking retary of Health and Human Services the SEC. 105. ADDITIONAL REAUTHORIZATION.
Victims Protection Reauthorization Act of total number of children who are victims of (a) AIRPORT PERSONNEL TRAINING TO IDEN-
2005 (34 U.S.C. 20701 et seq.) is amended by in- child human trafficking under paragraph TIFY AND REPORT HUMAN TRAFFICKING VIC-
serting after section 204 the following: (34)(B) of such section. TIMS.—Section 303 of the Frederick Douglass
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S9660 CONGRESSIONAL RECORD — SENATE December 20, 2022
Trafficking Victims Prevention and Protec- authorization Act of 2005, as so redesignated (2) ensure that each office of a United
tion Reauthorization Act of 2018 (Public Law and transferred by paragraph (1) of this sub- States Attorney designates at least 1 Assist-
115–425; 132 Stat. 5488) is amended by striking section. ant United States Attorney as responsible
‘‘2018 through 2021’’ and inserting ‘‘2022 (3) TRAFFICKING VICTIMS PROTECTION ACT OF for investigating and prosecuting
through 2027’’. 2017.—Sections 501 and 504 of the Trafficking cybercrimes against individuals; and
(b) HERO CORPS HIRING.—Section 890A(g)(2) Victims Protection Act of 2017 (34 U.S.C. (3) ensure the implementation of a regular
of the Homeland Security Act of 2002 (6 20709b, 20709c) are redesignated as sections and comprehensive training program—
U.S.C. 473(g)(2)) is amended by striking ‘‘2019 213 and 214, respectively, of the Trafficking (A) the purpose of which is to train agents
through 2022’’ and inserting ‘‘2022 through Victims Protection Reauthorization Act of of the Federal Bureau of Investigation in the
2027’’. 2005 and transferred so as to appear after sec- investigation and prosecution of such crimes
(c) REAUTHORIZING THE SPECIAL ASSESS- tion 212 of the Trafficking Victims Protec- and the enforcement of laws related to
MENT AND ENSURING FULL FUNDING FOR THE tion Reauthorization Act of 2005, as so redes- cybercrimes against individuals; and
DOMESTIC TRAFFICKING VICTIMS’ FUND.—Sec- ignated and transferred by paragraph (2) of (B) that includes relevant forensic training
tion 3014 of title 18, United States Code, is this subsection. related to investigating and prosecuting
amended— TITLE II—COMPENSATION OF VICTIMS OF cybercrimes against individuals.
(1) in subsection (a), in the matter pre- HUMAN TRAFFICKING SEC. 322. REPORT.
ceding paragraph (1), by striking ‘‘and end- (a) IN GENERAL.—Not later than 1 year
SEC. 201. BANKRUPTCY.
ing on December 16, 2022’’; and after the date on which the National Acad-
Section 523(a) of title 11, United States
(2) in subsection (e)(1)— emy of Sciences submits the report required
Code, is amended—
(A) in the matter preceding subparagraph under section 3(c) of the Better Cybercrime
(1) in paragraph (18), by striking ‘‘or’’ at
(A), by striking ‘‘2023’’ and inserting ‘‘2027’’; Metrics Act (34 U.S.C. 30109 note), and once
the end;
(B) in subparagraph (A), by striking ‘‘(42 each year thereafter, the Director of the Of-
(2) in paragraph (19), by striking the period
U.S.C. 14044c)’’ and inserting ‘‘(34 U.S.C. fice for Victims of Crime shall submit a re-
at the end and inserting ‘‘; or’’; and
20705)’’; port to the Committee on the Judiciary of
(3) by inserting after paragraph (19) the fol-
(C) in subparagraph (C), by striking ‘‘(42 the Senate and the Committee on the Judici-
lowing:
U.S.C. 13002(b))’’ and inserting ‘‘(34 U.S.C. ary of the House of Representatives that ad-
‘‘(20) for injury to an individual by the
20304)’’; and dresses, to the extent data are available, the
debtor relating to a violation of chapter 77 of
(D) in subparagraph (D), by striking ‘‘(42 nature, extent, and amount of funding under
title 18, including injury caused by an in-
U.S.C. 17616)’’ and inserting ‘‘(34 U.S.C. the Victims of Crime Act of 1984 (34 U.S.C.
stance in which the debtor knowingly bene-
21116)’’. 20101 et seq.) for victims of cybercrimes
fitted financially, or by receiving anything
(d) EXTENSION OF ANTI-TRAFFICKING GRANT against individuals.
of value, from participation in a venture
PROGRAMS.—The Trafficking Victims Protec- (b) CONTENTS.—The report required under
that the debtor knew or should have known
tion Act of 2000 (22 U.S.C. 7101 et seq.) is subsection (a) shall include—
engaged in an act in violation of chapter 77
amended— (1) an analysis of victims’ assistance, vic-
of title 18.’’.
(1) in section 112A(b)(4) (22 U.S.C. tims’ compensation, and discretionary
7109a(b)(4)), by striking ‘‘2018 through 2021’’ TITLE III—CYBER HARASSMENT grants under which victims of cybercrimes
and inserting ‘‘2022 through 2027’’; PREVENTION against individuals received assistance; and
(2) in section 112B(d) (22 U.S.C. 7109b(d)) is Subtitle A—Cybercrime Statistics (2) recommendations for improving serv-
amended by striking ‘‘2008 through 2011’’ and SEC. 311. NATIONAL STRATEGY, CLASSIFICATION, ices for victims of cybercrimes against indi-
inserting ‘‘2022 through 2027’’; and AND REPORTING ON CYBERCRIME. viduals.
(3) in section 113 (22 U.S.C. 7110)— (a) NATIONAL STRATEGY.—The Attorney SEC. 323. INFORMATION SHARING.
(A) in subsection (b)(2), by striking ‘‘2018 General, in consultation with the Secretary (a) RECIPROCAL INFORMATION SHARING.—
through 2021’’ and inserting ‘‘2022 through of Homeland Security, shall develop a na- (1) IN GENERAL.—Subtitle I of title VIII of
2027’’; tional strategy, which shall be developed to the Homeland Security Act of 2002 (6 U.S.C.
(B) in subsection (d)(3), by striking ‘‘2018 supplement, not duplicate, the National 481 et seq.) is amended—
through 2021’’ and inserting ‘‘2022 through Strategy to Combat Human Trafficking and (A) by striking sections 895 through 899;
2027’’; and the National Strategy for Child Exploitation and
(C) in subsection (e)(3), by striking ‘‘2008 Prevention and Interdiction of the Depart- (B) by adding at the end the following:
through 2011’’ and inserting ‘‘2022 through ment of Justice, to— ‘‘SEC. 895. RECIPROCAL INFORMATION SHARING.
2027’’. (1) reduce the incidence of cybercrimes ‘‘Acting in accordance with a bilateral or
(e) GRANTS FOR RAPE, ABUSE & INCEST NA- against individuals; multilateral arrangement, the Secretary, in
TIONAL NETWORK.—Section 628(d) of the (2) coordinate investigations of the Secretary’s discretion and on the basis of
Adam Walsh Child Protection and Safety Act cybercrimes against individuals by Federal reciprocity, may provide information from
of 2006 (34 U.S.C. 20985(d)) is amended by law enforcement agencies; and the National Sex Offender Registry relating
striking ‘‘fiscal years 2007 through 2010’’ and (3) increase the number of Federal prosecu- to a conviction for a sex offense against a
inserting ‘‘fiscal years 2022 through 2027’’. tions of cybercrimes against individuals. minor (as such terms are defined in section
SEC. 106. REDESIGNATIONS. (b) REPORTING ON CYBERCRIME TAXONOMY.— 111 of the Adam Walsh Child Protection and
(a) GRANTS FOR SPECIALIZED HUMAN TRAF- Section 3(c) of the Better Cybercrime Safety Act of 2006 (34 U.S.C. 20911)) to a for-
FICKING TRAINING AND TECHNICAL ASSISTANCE Metrics Act (34 U.S.C. 30109 note) is amend- eign government upon the request of the for-
FOR SERVICE PROVIDERS.—Section 111 of the ed, in the matter preceding paragraph (1), by eign government, and may receive com-
Violence Against Women and Department of inserting ‘‘, which shall include the Com- parable information from the foreign govern-
Justice Reauthorization Act of 2005 (34 mittee on the Judiciary of the Senate and ment.’’.
U.S.C. 20708) is redesignated as section 208 of the Committee on the Judiciary of the House (2) CONFORMING AMENDMENT.—The table of
the Trafficking Victims Protection Reau- of Representatives,’’ after ‘‘committees of contents in section 1(b) of the Homeland Se-
thorization Act of 2005 and transferred so as Congress’’. curity Act of 2002 (Public Law 107–296; 116
to appear after section 207 of the Trafficking Subtitle B—Prioritizing Online Threat Stat. 2135) is amended by striking the items
Victims Protection Reauthorization Act of Enforcement relating to sections 895 through 899 and in-
2005. SEC. 321. IMPROVED INVESTIGATIVE AND FOREN- serting the following:
(b) ADDITIONAL PROVISIONS.— SIC RESOURCES FOR ENFORCEMENT ‘‘Sec. 895. Reciprocal information sharing.’’.
(1) JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF LAWS RELATED TO (3) RULE OF CONSTRUCTION.—Nothing in the
OF 2015.—Sections 114, 119, and 606 of the Jus- CYBERCRIMES AGAINST INDIVID- amendments made by this subsection shall
tice for Victims of Trafficking Act of 2015 (34 UALS. be construed to effect the amendments made
U.S.C. 20709, 20710, 20711) are redesignated as Subject to the availability of appropria- by sections 895 through 899 of the Homeland
sections 209, 210, and 211, respectively, of the tions to carry out this section, the Attorney Security Act of 2002 (Public Law 107–296; 116
Trafficking Victims Protection Reauthoriza- General, in consultation with the Director of Stat. 2256).
tion Act of 2005 and transferred so as to ap- the Federal Bureau of Investigation and the (b) CLARIFICATION WITH RESPECT TO CON-
pear after section 208 of the Trafficking Vic- Secretary of Homeland Security, including TINUING REGISTRATION.—Section 240(b) of
tims Protection Reauthorization Act of 2005, the Executive Associate Director of Home- William Wilberforce Trafficking Victims
as so redesignated and transferred by sub- land Security Investigations, shall, with re- Protection Reauthorization Act of 2008 (22
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section (a) of this section. spect to cybercrimes against individuals— U.S.C. 212b(b)) is amended by adding at the
(2) ABOLISH HUMAN TRAFFICKING ACT OF (1) ensure that there are not fewer than 10 end the following:
2017.—Section 7 of the Abolish Human Traf- additional operational agents of the Federal ‘‘(3) CLARIFICATION WITH RESPECT TO CON-
ficking Act of 2017 (34 U.S.C. 20709a) is redes- Bureau of Investigation designated to sup- TINUING REGISTRATION.—An individual may
ignated as section 212 of the Trafficking Vic- port the Criminal Division of the Depart- not be issued or reissued a passport without
tims Protection Reauthorization Act of 2005 ment of Justice in the investigation and co- a unique identifier solely because the indi-
and transferred so as to appear after section ordination of cybercrimes against individ- vidual has moved or otherwise resides out-
211 of the Trafficking Victims Protection Re- uals; side the United States.’’.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9661
SEC. 324. TRAINING AND TECHNICAL ASSISTANCE SEC. 404. DATA COLLECTION. Attorney General shall establish a team of
FOR STATES. Section 105(d)(7) of the Trafficking Victims not less than 10 agents within the Federal
The Attorney General, in consultation Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is Bureau of Investigation to be assigned to ex-
with the Secretary of Homeland Security, amended— clusively investigate labor trafficking.
the Director of the United States Secret (1) in subparagraph (Q)— (2) AUTHORIZATION OF APPROPRIATIONS.—
Service, the Executive Associate Director of (A) in clause (vii), by adding ‘‘and’’ at the There are authorized to be appropriated to
Homeland Security Investigations, and non- end; and carry out paragraph (1) $2,000,000 for each of
governmental and survivor stakeholders, (B) in clause (viii), by striking ‘‘and’’ at fiscal years 2022 to 2027, to remain available
shall create, compile, evaluate, and dissemi- the end; until expended.
nate materials and information, and provide (2) in subparagraph (R), by striking ‘‘and’’ (b) DEPARTMENT OF HOMELAND SECURITY.—
the necessary training and technical assist- at the end; (1) IN GENERAL.—Not later than 2 years
ance, to assist States and units of local gov- (3) in the first subparagraph (S), as added after the date of enactment of this Act, the
ernment in— by section 121(a) of the Frederick Douglass Secretary of Homeland Security shall estab-
(1) investigating, prosecuting, pursuing, Trafficking Victims Prevention and Protec- lish a team of not less than 10 agents within
preventing, understanding, and mitigating tion Reauthorization Act of 2018 (Public Law the Center for Countering Human Traf-
the impact of— 115–425; 132 Stat. 5478), by striking the period ficking of the Department of Homeland Se-
(A) physical, sexual, and psychological at the end and inserting a semicolon; curity to be assigned to exclusively inves-
abuse of cybercrime victims, including vic- (4) by redesignating the second subpara- tigate labor trafficking.
tims of human trafficking that is facilitated graph (S), as added by section 7154(b) of the (2) AUTHORIZATION OF APPROPRIATIONS.—
by interactive computer services; National Defense Authorization Act for Fis- There are authorized to be appropriated to
(B) exploitation of cybercrime victims; and cal Year 2020 (Public Law 116–92; 113 Stat. carry out paragraph (1) $2,000,000 for each of
(C) deprioritization of cybercrime; and 2260), as subparagraph (T); fiscal years 2022 to 2027, to remain available
(2) assessing, addressing, and mitigating (5) in subparagraph (T), as so redesignated, until expended.
the physical and psychological trauma to by striking the period at the end and insert-
victims of cybercrime. ing a semicolon; and SA 6582. Mr. HEINRICH (for Mr. DUR-
(6) by adding at the end the following: BIN (for himself and Mr. CORNYN)) pro-
TITLE IV—OTHER FEDERAL IMPROVE-
MENTS RELATING TO HUMAN TRAF- ‘‘(U) with respect to applications described posed an amendment to the bill S. 4859,
FICKING in subparagraph (B), (C), (D), or (F), when to reauthorize the Project Safe Neigh-
available, if the application was denied, the borhoods Grant Program Authorization
SEC. 401. CYBERCRIME. reason for the denial and the length of time Act of 2018, and for other purposes; as
Subject to the availability of appropria- it took for the denial to be issued; and follows:
tions, and in accordance with the com- ‘‘(V) disaggregated data regarding—
On page 3, line 12, strike ‘‘(34 U.S.C. 60703)’’
parable level of the General Schedule, the ‘‘(i) the number of victims trafficked by
and insert ‘‘(34 U.S.C. 60703(b))’’.
Attorney General and the Secretary of third parties and by family members; On page 4, after line 5, add the following:
Homeland Security shall provide incentive ‘‘(ii) victims trafficked by victim age; and
SEC. 4. TASK FORCE SUPPORT.
pay, in an amount that is not more than 25 ‘‘(iii) victims trafficked by the type of traf-
(a) SHORT TITLE.—This section may be
percent of the basic pay of the individual, to ficking.’’.
cited as the ‘‘Officer Ella Grace French and
an individual appointed to a position in the SEC. 405. CUMULATIVE BIENNIAL REPORT ON Sergeant Jim Smith Task Force Support Act
Department of Justice (including the Fed- DATA COLLECTION AND STATISTICS.
of 2022’’.
eral Bureau of Investigation) or the Depart- Not later than 280 days after the date of (b) AMENDMENT.—Section 4(b) of the
ment of Homeland Security (including posi- enactment of this Act, and every 2 years Project Safe Neighborhoods Grant Program
tions in Homeland Security Investigations), thereafter, the Attorney General and the Authorization Act of 2018 (34 U.S.C. 60703(b)),
respectively, requiring significant cyber Secretary of Health and Human Services as amended by section 3(b), is amended—
skills, including to aid in— shall each submit to the Committee on the (1) in paragraph (6), by striking ‘‘and’’ at
(1) the protection of trafficking victims; Judiciary and the Committee on Health, the end;
(2) the prevention of trafficking in persons; Education, Labor, and Pensions of the Sen- (2) in paragraph (7), by striking the period
or ate and the Committee on the Judiciary and at the end and inserting ‘‘; and’’; and
(3) the prosecution of technology-facili- the Committee on Energy and Commerce of (3) by adding at the end the following:
tated crimes against children by buyers or the House of Representatives the status of ‘‘(8) support for multi-jurisdictional task
traffickers in persons. the required data collection and reporting forces.’’.
SEC. 402. ELIMINATION OF BARRIERS. requirements of the Attorney General and
(a) MINORS.—A Federal agency may not re-
the Secretary, respectively, related to traf- SA 6583. Mr. HEINRICH (for Mr.
ficking, which shall include the status of— GRASSLEY (for himself and Mrs. FEIN-
quire a survivor of human trafficking who is
(1) the study required under section STEIN)) proposed an amendment to the
less than 18 years of age or a homeless youth
201(a)(1)(B)(ii) of the Trafficking Victims bill S. 3949, to reauthorize the Traf-
to obtain the consent or signature of the par-
Protection Reauthorization Act of 2005 (34
ent or guardian of the survivor or homeless
U.S.C. 20701(a)(1)(B)(ii));
ficking Victims Protection Act of 2000,
youth to receive a copy of a Government- and for other purposes; as follows:
(2) the State reports required under section
issued identity card issued to the survivor or Strike all after the enacting clause and in-
237(b) of the William Wilberforce Trafficking
homeless youth. sert the following:
Victims Protection Reauthorization Act of
(b) FEES.—A Federal agency may not 2008 (34 U.S.C. 41309(b)) to be included in the SECTION 1. SHORT TITLE.
charge a survivor of human trafficking or a Uniform Crime Reporting Program and the This Act may be cited as the ‘‘Trafficking
homeless youth a fee to obtain a copy of a National Incident-Based Reporting System; Victims Prevention and Protection Reau-
Government-issued identity card issued to (3) the report required under section thorization Act of 2022’’.
the survivor or homeless youth. 237(c)(1)(A) of the William Wilberforce Traf- SEC. 2. TABLE OF CONTENTS.
SEC. 403. TIP ORGANIZATIONS. ficking Victims Protection Reauthorization The table of contents for this Act is as fol-
Section 524(c)(1) of title 28, United States Act of 2008 (Public Law 110–457; 122 Stat. lows:
5084); Sec. 1. Short title.
Code, is amended—
(4) the report required under section Sec. 2. Table of contents.
(1) in subparagraph (H), by striking ‘‘and’’
at the end; 237(c)(1)(B) of the William Wilberforce Traf- TITLE I—COMBATING TRAFFICKING IN
(2) in subparagraph (I), by striking the pe- ficking Victims Protection Reauthorization PERSONS IN THE UNITED STATES
riod at the end and inserting ‘‘; and’’; and Act of 2008 (Public Law 110–457; 122 Stat. Subtitle A—Programs To Support Young
(3) by adding at the end the following new 5084); Victims Who Are Vulnerable To Human
subparagraph: (5) the report required under section Trafficking
‘‘(J) at the discretion of the Attorney Gen- 237(c)(1)(C) of the William Wilberforce Traf- Sec. 101. Authority to award competitive
eral, payments to reimburse operating ex- ficking Victims Protection Reauthorization grants to enhance collaboration
penses and program costs incurred by crime- Act of 2008 (Public Law 110–457; 122 Stat. between State child welfare and
tip organizations that— 5084); and juvenile justice systems.
‘‘(i) annually waive their qualification (6) the comprehensive study required under Sec. 102. Elimination of sunset for Advisory
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for— section 237(c)(2) of the William Wilberforce Council on Human Trafficking.
‘‘(I) awards for information leading to for- Trafficking Victims Protection Reauthoriza- Sec. 103. Pilot program for youth at high
feiture under subparagraph (C); and tion Act of 2008 (Public Law 110–457; 122 Stat. risk of being trafficked.
‘‘(II) receiving payment from equitably 5085). Subtitle B—Governmental Efforts To
shared forfeiture funds; and SEC. 406. FORCED LABOR REQUIREMENTS. Prevent Human Trafficking
‘‘(ii) offer rewards for information about (a) DEPARTMENT OF JUSTICE.— Sec. 121. Comptroller General report on
violations of Federal criminal laws prohib- (1) IN GENERAL.—Not later than 2 years oversight of Federal supply
iting human trafficking.’’. after the date of enactment of this Act, the chains.
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S9662 CONGRESSIONAL RECORD — SENATE December 20, 2022
Sec. 122. Ensuring anti-trafficking-in-per- tems of the State in order to carry out pro- ing the period of the grant. Such report shall
sons trainings and provisions grams to address the needs of dual status include—
into Codes of Conduct of all youth and their families. ‘‘(A) a description of the scope and nature
Federal departments and execu- ‘‘(2) LENGTH OF GRANTS.— of the dual status youth population in the
tive agencies. ‘‘(A) IN GENERAL.—Subject to subparagraph State, including the number of dual status
Sec. 123. Government Accountability Office (B), a grant shall be awarded under this sec- youth;
study on accessibility of mental tion for a period of not less than 2 fiscal ‘‘(B) a description of the evidence-based
health services and substance years and not more than 5 fiscal years. practices and procedures used by the agen-
use disorder services. ‘‘(B) EXTENSION OF GRANT.—Upon the appli- cies to carry out the activities described in
Sec. 124. NSF support of research on impacts cation of the grantee, the Secretary may ex- clauses (i) through (iii) of paragraph (1)(C);
of social media on human traf- tend the period for which a grant is awarded and
ficking. under this section for not more than 2 fiscal ‘‘(C) an analysis of the effects of such prac-
Subtitle C—Monitoring Child, Forced, and years. tices and procedures, including information
Slave Labor ‘‘(c) ADDITIONAL REQUIREMENTS.— regarding—
‘‘(1) APPLICATION.—In order for a State to ‘‘(i) the collection of data related to indi-
Sec. 131. Transparency in anti-trafficking be eligible for a grant under this section, the
expenditures. vidual dual status youths;
State shall submit an application, subject to ‘‘(ii) aggregate data related to the dual sta-
Sec. 132. Sense of Congress regarding United the approval of the Secretary, that in-
States companies adopting tus youth population, including—
cludes— ‘‘(I) characteristics of dual status youths
counter-trafficking-in-persons ‘‘(A) a description of the proposed leader-
policies. in the State;
ship collaboration group (including the ‘‘(II) case processing timelines; and
Sec. 133. Amendments to the Child Abuse membership of such group), and how such
Prevention and Treatment Act. ‘‘(III) information related to case manage-
group will manage and oversee a review and ment, the provision of targeted services, and
Sec. 134. Sense of Congress regarding timely analysis of current practices while working
submission of Department of placements within the foster care or juvenile
to jointly address enhanced practices to im- justice system; and
Justice reports. prove outcomes for dual status youth;
Sec. 135. Sense of Congress on criteria for ‘‘(iii) the extent to which such practices
‘‘(B) a description of how the State pro- and procedures have contributed to—
classifying victims of child sex poses—
trafficking. ‘‘(I) improved educational outcomes for
‘‘(i) to identify dual status youth;
Sec. 136. Missing and abducted foster chil- dual status youths;
‘‘(ii) to identify individuals who are at risk
dren and youth. ‘‘(II) fewer delinquency referrals for dual
of becoming dual status youth;
Sec. 137. Modification to State plan for fos- status youths;
‘‘(iii) to identify common characteristics
ter care and adoption assist- ‘‘(III) shorter stays in intensive restrictive
shared by dual status youth in the State; and
ance. placements for dual status youths; or
‘‘(iv) to determine the prevalence of dual
‘‘(IV) such other outcomes for dual status
TITLE II—AUTHORIZATION OF status youth in the State;
youths as the State child welfare agency and
APPROPRIATIONS ‘‘(C) a description of current and proposed
State juvenile justice agency may identify.
Sec. 201. Extension of authorizations under practices and procedures that the State in-
tends to use— ‘‘(d) TRAINING AND TECHNICAL ASSIST-
the Victims of Trafficking and ANCE.—The Secretary may support State
Violence Protection Act of 2000. ‘‘(i) to screen and assess dual status youth
for risks and treatment needs; child welfare agencies and State juvenile jus-
Sec. 202. Improving enforcement of section tice agencies by offering a program, devel-
307 of the Tariff Act of 1930. ‘‘(ii) to provide targeted and evidence-
based services, including educational, behav- oped in consultation with organizations and
TITLE III—SEVERABILITY agencies with subject matter expertise, of
ioral health, and pro-social treatment inter-
Sec. 301. Severability. ventions for dual status youth and their fam- training and technical assistance to assist
TITLE I—COMBATING TRAFFICKING IN ilies; and such agencies in developing programs and
PERSONS IN THE UNITED STATES ‘‘(iii) to provide for a lawful process to en- protocols that draw on best practices for
hance or ensure the abilities of the State and serving dual status youth in order to facili-
Subtitle A—Programs To Support Young Vic-
any relevant agencies to share information tate or enhance—
tims Who Are Vulnerable To Human Traf-
and data about dual status youth, while ‘‘(1) collaboration between State child wel-
ficking
maintaining confidentiality and privacy pro- fare agencies and State juvenile justice
SEC. 101. AUTHORITY TO AWARD COMPETITIVE agencies; and
GRANTS TO ENHANCE COLLABORA-
tections under Federal and State law; and
‘‘(D) a certification that the State has in- ‘‘(2) the effectiveness of such agencies with
TION BETWEEN STATE CHILD WEL-
FARE AND JUVENILE JUSTICE SYS- volved local governments, as appropriate, in respect to working with Federal agencies
TEMS. the development, expansion, modification, and child welfare and juvenile justice agen-
(a) IN GENERAL.—Subpart 1 of part B of operation, or improvement of proposed pol- cies from other States.
title IV of the Social Security Act (42 U.S.C. icy and practice reforms to address the needs ‘‘(e) REPORT.—Not later than 3 years after
621 et seq.) is amended by adding at the end of dual status youth. the date of enactment of this section, and
the following: ‘‘(2) NO SUPPLANTATION OF OTHER FUNDS.— every 3 years thereafter, the Secretary, the
‘‘SEC. 429A. GRANTS TO STATES TO ENHANCE Any amounts paid to a State under a grant Attorney General, and the Administrator of
COLLABORATION BETWEEN STATE under this section shall be used to supple- the Office of Juvenile Justice and Delin-
CHILD WELFARE AND JUVENILE ment and not supplant other State expendi- quency Prevention of the Department of Jus-
JUSTICE SYSTEMS. tures on dual status youths or children in- tice shall jointly submit to the Committee
‘‘(a) PURPOSE.—The purpose of this section volved with either the child welfare or juve- on Finance and the Committee on the Judi-
is to authorize the Secretary, in collabora- nile justice systems. ciary of the Senate and the Committee on
tion with the Attorney General and the Ad- ‘‘(3) EVALUATION.—Up to 10 percent of the Ways and Means and the Committee on Edu-
ministrator of the Office of Juvenile Justice amount made available to carry out this sec- cation and Labor of the House of Representa-
and Delinquency Prevention of the Depart- tion for a fiscal year shall be made available tives, a report on the grants provided under
ment of Justice— to the Secretary to evaluate the effective- this section.
‘‘(1) to make grants to State child welfare ness of the projects funded under this sec- ‘‘(f) DEFINITIONS.—In this section:
and juvenile justice agencies and child- and tion, using a methodology that— ‘‘(1) DUAL STATUS YOUTH.—The term ‘dual
youth-serving agencies to collaborate in the ‘‘(A) includes random assignment whenever status youth’ means a child who has come
collection of data relating to dual status feasible, or other research methods that into contact with both the child welfare and
youth; and allow for the strongest possible causal infer- juvenile justice systems and occupies var-
‘‘(2) to develop practices, policies, and pro- ences when random assignment is not fea- ious statuses in terms of the individual’s re-
tocols— sible; and lationship to such systems.
‘‘(A) to confront the challenges presented ‘‘(B) generates evidence on the impact of ‘‘(2) LEADERSHIP COLLABORATION GROUP.—
and experienced by dual status youth; and specific projects, or groups of projects with The term ‘leadership collaboration group’
‘‘(B) for the development of interoperable identical (or similar) practices and proce- means a group composed of senior officials
data systems. dures. from the State child welfare agency, the
‘‘(b) AUTHORITY TO AWARD GRANTS.— ‘‘(4) REPORT.—A State child welfare agency State juvenile justice agency, and other rel-
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‘‘(1) IN GENERAL.—Subject to the avail- and a State juvenile justice agency receiving evant youth and family-serving public agen-
ability of appropriations, from amounts re- a grant under this section shall jointly sub- cies and private organizations, including, to
served under section 423(a)(2) for a fiscal mit to the Secretary, the Attorney General, the extent practicable, representatives from
year, the Secretary shall award competitive and the Administrator of the Office of Juve- the State judiciary branch.
grants jointly to a State child welfare agen- nile Justice and Delinquency Prevention of ‘‘(3) STATE JUVENILE JUSTICE AGENCY.—The
cy and a State juvenile justice agency to fa- the Department of Justice, a report on the term ‘State juvenile justice agency’ means
cilitate or enhance collaboration between evaluation of the activities carried out under the agency of the State or Indian tribe re-
the child welfare and juvenile justice sys- the grant at the end of each fiscal year dur- sponsible for administering grant funds
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9663
awarded under the Juvenile Justice and De- ‘‘(v) mental health counseling, including (1) beginning not later than 18 months
linquency Prevention Act of 1974 (34 U.S.C. specialized counseling and substance abuse after the date of the enactment of this Act,
11101 et seq.). treatment; the head of every Federal agency should in-
‘‘(4) STATE CHILD WELFARE AGENCY.—The ‘‘(vi) legal services; corporate a module on human trafficking
term ‘State child welfare agency’ means the ‘‘(vii) specialized training for social service into its staff training requirements and
State agency responsible for administering providers, public sector personnel, and pri- menu of topics to be covered in the annual
the program under this subpart, or, in the vate sector personnel likely to encounter sex ethics training of such agency;
case of a tribal organization that is receiving trafficking and labor trafficking victims on (2) such staff trainings should teach em-
payments under section 428, the tribal agen- issues related to the sex trafficking and ployees how to prevent, identify, and report
cy responsible for administering such pro- labor trafficking of minors; and trafficking in persons;
gram.’’. ‘‘(viii) outreach and education programs to (3) Federal agencies that already provide
(b) CONFORMING AMENDMENTS.—Section provide information about deterrence and counter trafficking-in-persons training for
423(a) of such Act (42 U.S.C. 623(a)) is amend- prevention of sex trafficking and labor traf-
staff should share their curricula with agen-
ed— ficking of minors.
cies that do not have such curricula;
(1) by striking ‘‘The sum appropriated’’ ‘‘(D) FUNDING PRIORITY.—The Assistant At-
(4) the head of each agency should inform
and inserting the following: torney General shall give funding priority to
community-based programs that provide cri- all candidates for employment about the
‘‘(1) IN GENERAL.—Subject to paragraph (2), anti-trafficking provisions in the Code of
the sum appropriated’’; and sis stabilization, emergency shelter, and ad-
diction treatment for adolescents and transi- Conduct of the agency;
(2) by adding at the end the following: (5) employees of each Federal agency
‘‘(2) GRANTS TO STATES TO ENHANCE COL- tional age residential programs that have
reputable outcomes.’’. should sign acknowledgment of the agency’s
LABORATION BETWEEN STATE CHILD WELFARE
Subtitle B—Governmental Efforts To Prevent Code of Conduct, which should be kept in the
AND JUVENILE JUSTICE SYSTEMS.—For each
Human Trafficking file of the employee; and
fiscal year beginning with fiscal year 2023 for
(6) a violation of the Code of Conduct
which the amount appropriated under sec- SEC. 121. COMPTROLLER GENERAL REPORT ON
OVERSIGHT OF FEDERAL SUPPLY should lead to disciplinary action, up to and
tion 425 for the fiscal year exceeds
$270,000,000— CHAINS. including termination of employment.
‘‘(A) the Secretary shall reserve from such (a) IN GENERAL.—Not later than June 1, (c) POLICY FOR EXECUTIVE BRANCH EMPLOY-
excess amount such sums as are necessary 2024, the Comptroller General of the United EES.—The President shall take such steps as
for making grants under section 429A for States shall submit to the appropriate con-
may be necessary to ensure that each officer
such fiscal year; and gressional committees a report on Federal
contract supply chain oversight related to and employee (including temporary employ-
‘‘(B) the remainder to be applied under ees, persons stationed abroad while working
paragraph (1) for purposes of making allot- the prevention of trafficking in persons.
(b) ELEMENTS.—The report required under for the United States, and detailees from
ments to States for such fiscal year shall be
subsection (a) shall include an assessment of other agencies of the Federal Government) of
determined after the Secretary first allots
the following: an agency in the executive branch of the
$70,000 to each State under such paragraph
(1) The compliance of Federal agencies Federal Government is subject to a policy
and reserves such sums under subparagraph
with the requirement under section 1704(c)(1) with a minimum standard that contains—
(A) of this paragraph.’’.
of the National Defense Authorization Act
SEC. 102. ELIMINATION OF SUNSET FOR ADVI- (1) a prohibition from engaging in human
for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to
SORY COUNCIL ON HUMAN TRAF- trafficking while employed by the Govern-
refer to suspension and debarment officials
FICKING. ment in a full-time or part-time capacity;
allegations of trafficking in persons activi-
The Survivors of Human Trafficking Em- ties on the part of contract, grant, and coop- (2) a requirement that all Federal per-
powerment Act (section 115 of Public Law erative agreement recipients. sonnel, without regard to whether the person
114–22) is amended by striking subsection (h). (2) The compliance of Federal agencies is stationed abroad, be sensitized to human
SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH with the requirement to include the contract trafficking and the ethical conduct require-
RISK OF BEING TRAFFICKED. clause regarding combating trafficking in ments that prohibit the procurement of traf-
Section 202(b) of the Trafficking Victims persons provided for under section 222.50 of ficking in persons;
Protection Reauthorization Act of 2005 (34 the Federal Acquisition Regulation (or suc- (3) a requirement that all such personnel
U.S.C. 20702(b)) is amended by adding at the cessor regulations). be equipped with the necessary knowledge
end the following: (3) Federal agency enforcement and moni- and tools to prevent, recognize, report, and
‘‘(5) PILOT DEMONSTRATION PROGRAM.— toring activities related to ensuring the address human trafficking offenses through a
‘‘(A) ESTABLISHMENT.—The Assistant At- compliance of Federal contractors and sub- training for new personnel and through reg-
torney General, in consultation with the As- contractors with the annual certification re- ular refresher courses offered every 2 years;
sistant Secretary, shall establish a pilot quirements under such section 222.50. and
demonstration program, through which com- (c) APPROPRIATE CONGRESSIONAL COMMIT- (4) a requirement that all such personnel
munity-based organizations in underserved TEES DEFINED.—In this section, the term report to the applicable inspector general
communities, prioritizing rural commu- ‘‘appropriate congressional committees’’ and agency trafficking in persons point of
nities, in the United States may apply for means— contact any suspected cases of misconduct,
funding to develop, implement, and build (1) the Committee on Armed Services, the waste, fraud, or abuse relating to trafficking
replicable treatment models, based on the Committee on Homeland Security and Gov- in persons.
type of housing unit that the individual ernmental Affairs, and the Committee on
being treated lives in, with supportive serv- Appropriations of the Senate; and (d) TIMING.—The policy described in sub-
ices and innovative care, treatment, and (2) the Committee on Armed Services, the section (c)—
services. Committee on Oversight and Reform, and (1) shall be established or integrated into
‘‘(B) POPULATION TO BE SERVED.—The pro- the Committee on Appropriations of the all applicable employee codes of conduct not
gram established pursuant to subparagraph House of Representatives. later than 18 months after the date of the en-
(A) shall primarily serve adolescents and SEC. 122. ENSURING ANTI-TRAFFICKING-IN-PER- actment of this Act;
youth who— SONS TRAININGS AND PROVISIONS (2) may not replace any preexisting code of
INTO CODES OF CONDUCT OF ALL conduct that contains more robust require-
‘‘(i) are transitioning out of foster care; FEDERAL DEPARTMENTS AND EXEC-
‘‘(ii) struggle with substance use disorder; UTIVE AGENCIES. ments than the requirements described in
‘‘(iii) are pregnant or parenting; or (a) FINDINGS.—Congress finds the fol- subsection (c); and
‘‘(iv) have experienced foster care involve- lowing: (3) shall be signed by all personnel de-
ment or involvement in the child welfare (1) Human trafficking is inimical to every scribed in subsection (c) not later than 2
system, child poverty, child abuse or neglect, Federal agency’s core values and inherently years after such date of enactment.
human trafficking, juvenile justice involve- harmful and dehumanizing. (e) REPORTING.—The Office of Inspector
ment, gang involvement, or homelessness. (2) Through the adoption of a Code of Con- General of a Federal department or agency,
‘‘(C) AUTHORIZED ACTIVITIES.—Funding pro- duct, Federal agencies hold their personnel
vided under subparagraph (A) may be used in consultation with the head of such agen-
to similar standards that are required of con-
for— cy, shall submit an annual report to Con-
tractors and subcontractors of the agency
‘‘(i) providing residential care, including under Federal law. gress, which shall be publicly accessible,
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temporary or long-term placement as appro- (3) Human trafficking is a violation of containing—
priate; human rights and against Federal law. (1) the number of suspected violations re-
‘‘(ii) providing 24-hour emergency social (4) The United States Government seeks to ported;
services response; deter activities that would facilitate or sup- (2) the number of investigations;
‘‘(iii) providing clothing and other daily port trafficking in persons. (3) the status and outcomes of such inves-
necessities needed to keep individuals from (b) SENSE OF CONGRESS ON IMPLEMENTATION tigations; and
returning to living on the street; OF ANTI-TRAFFICKING-IN-PERSONS POLICIES.— (4) any recommended actions to improve
‘‘(iv) case management services; It is the sense of Congress that— the programs and operations of such agency.
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S9664 CONGRESSIONAL RECORD — SENATE December 20, 2022
SEC. 123. GOVERNMENT ACCOUNTABILITY OF- subsection (b) incorporates the experiences, business concerns (as defined in section 3 of
FICE STUDY ON ACCESSIBILITY OF input, and safety and privacy concerns of the Small Business Act (15 U.S.C. 632))
MENTAL HEALTH SERVICES AND human trafficking survivors. should adopt a written policy not later than
SUBSTANCE USE DISORDER SERV- (d) REPORTS.—
ICES.
18 months after the date of the enactment of
(1) FINDINGS AND RECOMMENDATIONS.—Not this Act that—
Not later than 3 years after the date of the later than 1 year after the date of enactment (A) prohibits trafficking in persons;
enactment of this Act, the Comptroller Gen- of this Act, the Director of the National (B) is published annually; and
eral of the United States shall— Science Foundation shall report to the Com- (C) is accessible in a prominent place on
(1) conduct a study of the accessibility of mittee on Commerce, Science, and Transpor- their public website; and
mental health services and substance use tation of the Senate, the Subcommittee on (2) such policy should expressly prohibit
disorder treatment and recovery for sur- Commerce, Justice, Science, and Related the company, its employees, or agents
vivors of human trafficking in the United Agencies of the Committee on Appropria- from—
States of various ages; and tions of the Senate, the Committee on (A) engaging in human trafficking;
(2) submit a report to Congress containing Science, Space, and Technology of the House (B) using forced labor for the development,
the findings of such study and recommenda- of Representatives, and the Subcommittee production, shipping, or sale of its goods or
tions for increased accessibility and afford- on Commerce, Justice, Science, and Related services;
ability for survivors of trafficking. Agencies of the Committee on Appropria- (C) destroying, concealing, confiscating, or
SEC. 124. NSF SUPPORT OF RESEARCH ON IM- tions of the House of Representatives— otherwise denying access by an employee to
PACTS OF SOCIAL MEDIA ON HUMAN
(A) the Director’s findings with respect to the employee’s identity or immigration doc-
TRAFFICKING.
the feasibility for research opportunities, in- uments, such as passports or drivers’ li-
(a) DEFINITIONS.—In this section: censes, regardless of issuing authority;
cluding with the private sector social media
(1) HUMAN TRAFFICKING.—The term ‘‘human (D) using misleading or fraudulent prac-
platform companies, to improve the ability
trafficking’’ means an act or practice de- tices during the recruitment of employees or
to combat human trafficking operations; and
scribed in section 103(11) of the Trafficking offering of employment, such as—
(B) any recommendations of the Director
Victims Protection Act of 2000 (22 U.S.C. (i) failing to disclose, in a format and lan-
that could facilitate and improve commu-
7102(11)). guage understood by the employee or poten-
nication and coordination among the private
(2) SOCIAL MEDIA PLATFORM.—The term ‘‘so- tial employee, basic information; or
sector, the National Science Foundation, and
cial media platform’’ means a website or (ii) making material misrepresentations
relevant Federal agencies to improve the
internet medium that— during the recruitment of employees regard-
ability to combat human trafficking oper-
(A) permits a person to become a reg- ing the key terms and conditions of employ-
ations through social media.
istered user, establish an account, or create ment, including—
(2) RESULTS OF RESEARCH.—Not later than 4
a profile for the purpose of allowing users to (I) wages and fringe benefits;
years after the date of enactment of this
create, share, and view user-generated con- (II) the location of work;
Act, the Director of the National Science
tent through such an account or profile; (III) the living conditions;
Foundation shall report to the Committee on
(B) enables 1 or more users to generate (IV) housing and associated costs (if
Commerce, Science, and Transportation of
content that can be viewed by other users of employer- or agent-provided or arranged);
the Senate, the Subcommittee on Commerce,
the medium; and (V) any significant costs to be charged to
Justice, Science, and Related Agencies of the
(C) primarily serves as a medium for users the employee or potential employee; and
Committee on Appropriations of the Senate,
to interact with content generated by other (VI) the hazardous nature of the work, if
the Committee on Science, Space, and Tech-
users of the medium. applicable;
nology of the House of Representatives, and
(b) SUPPORT OF RESEARCH.—The Director of (E) using recruiters that do not comply
the Subcommittee on Commerce, Justice,
the National Science Foundation, in con- with local labor laws of the country in which
Science, and Related Agencies of the Com-
sultation with the Attorney General, the the recruiting takes place;
mittee on Appropriations of the House of
Secretary of Homeland Security, and the (F) providing or arranging housing that
Representatives on the results of the re-
Secretary of Health and Human Services, fails to meet the host country housing and
search supported under this section.
shall support merit-reviewed and competi- safety standards; and
tively awarded research on the impact of on- Subtitle C—Monitoring Child, Forced, and
Slave Labor (G) failing to provide an employment con-
line social media platforms on the mainte- tract, recruitment agreement, or other re-
nance or expansion of human trafficking, SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING
EXPENDITURES. quired work document—
which may include— (i) in writing—
(1) fundamental research on digital foren- (a) IN GENERAL.—Not later than 90 days
after the date of the enactment of this Act, (I) in a language the employee under-
sic tools or other technologies for verifying stands; or
the authenticity of social media platform and not later than October 1 of each of the
following 5 years, the head of each Federal (II) along with an independent interpreter
users and their materials, that are utilized if the document cannot be provided in a lan-
in the promotion or operation of human traf- department or agency to which amounts are
appropriated for the purpose of awarding guage the employee understands;
ficking networks; (ii) not later than 5 days before the em-
(2) fundamental research on privacy pre- grants for anti-trafficking in persons, and
the head of each Federal department and ployee relocates, if relocation is required to
serving technical tools that may aid law en- perform the work; and
agency contributing to the annual congres-
forcement’s ability to identify and prosecute (iii) that includes details about work de-
sional earmark for counter-trafficking in
individuals or entities promoting or involved scription, wages, work locations, living ac-
persons, shall publish on the public website
in human trafficking; commodations and associated costs, time off,
of the department or agency, with respect to
(3) social and behavioral research related round-trip transportation arrangements,
the prior fiscal year—
to social media platform users who engage grievance processes, and the content of ap-
(1) each obligation or expenditure of Fed-
with those promoting or involved in human plicable laws and regulations that prohibit
eral funds for the purpose of combating
trafficking; trafficking in persons.
human trafficking and forced labor; and
(4) research on the effectiveness of expand-
(2) subject to subsection (b), and with re- SEC. 133. AMENDMENTS TO THE CHILD ABUSE
ing public understanding, awareness, or law PREVENTION AND TREATMENT ACT.
spect to each such obligation or expenditure,
enforcement efforts in combating human Section 111(b)(1) of the Child Abuse Preven-
the name of a primary recipient, and any
trafficking through social media platforms; tion and Treatment Act (42 U.S.C.
subgrantees, and their project location, ac-
and 5106g(b)(1)) is amended by striking ‘‘a victim
tivity, award amounts, and award periods.
(5) research awards coordinated with other (b) EXCEPTION FOR SECURITY CONCERNS.—If of’’ and all that follows and inserting ‘‘a vic-
Federal agencies and programs, including the head of a Federal department or agency tim of ‘child abuse and neglect’ and of ‘sex-
the Information Integrity Research and De- determines that a primary recipient or sub- ual abuse’ if the child is identified, by a
velopment Interagency Working Group and grantee for purposes of subsection (a) has a State or local agency employee of the State
the Privacy Research and Development security concern— or locality involved, as being a victim of
Interagency Working Group of the Net- (1) the award recipients shall not be pub- human trafficking.’’.
working and Information Technology Re- licly identified pursuant to subsection (a)(2); SEC. 134. SENSE OF CONGRESS REGARDING
search and Development Program, the Office and TIMELY SUBMISSION OF DEPART-
for Victims of Crime of the Department of (2) only the activity, award amounts, and MENT OF JUSTICE REPORTS.
Justice, the Blue Campaign of the Depart- award periods shall be publicly listed pursu- It is the sense of Congress that—
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ment of Homeland Security, the Office to ant to such subsection. (1) the Department of Justice has failed to
Monitor and Combat Trafficking in Persons SEC. 132. SENSE OF CONGRESS REGARDING meet its reporting requirements under title
of the Department of State, and activities of UNITED STATES COMPANIES ADOPT- IV of the Trafficking Victims Protection Act
the Department of Transportation and the ING COUNTER-TRAFFICKING-IN-PER- of 2017 (34 U.S.C. 10101 et seq.); and
Advisory Committee on Human Trafficking. SONS POLICIES. (2) progress on critical data collection
(c) SURVIVORS.—To the extent possible, the It is the sense of Congress that— about human trafficking and crime reporting
Director of the National Science Foundation (1) companies headquartered or doing busi- are in jeopardy as a result of such failure and
shall ensure that research supported under ness in the United States that are not small must be addressed immediately.
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9665
SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR which the Secretary of Health and Human SECTION 1. SHORT TITLE.
CLASSIFYING VICTIMS OF CHILD Services determines requires State legisla- This Act may be cited as the ‘‘Childhood
SEX TRAFFICKING. tion (other than legislation appropriating Cancer Survivorship, Treatment, Access, and
It is the sense of Congress that— funds) in order for the plan to meet the addi- Research Reauthorization Act of 2022’’ or the
(1) all States (including the District of Co- tional requirements imposed by the amend- ‘‘Childhood Cancer STAR Reauthorization
lumbia) and territories should evaluate ment made by subsection (a), the State plan Act’’.
whether to eliminate the requirement for shall not be regarded as failing to comply SEC. 2. REAUTHORIZING AND IMPROVING THE
third-party control to properly qualify a with the requirements of such part solely on CHILDHOOD STAR ACT.
child as a victim of sex trafficking, to— the basis of the failure of the plan to meet (a) CHILDREN’S CANCER BIOREPOSITORIES.—
(A) aid in the identification and prevention such additional requirements before the first Section 417E of the Public Health Service
of child sex trafficking; day of the first calendar quarter beginning Act (42 U.S.C. 285a–11) is amended—
(B) protect children; and after the close of the first regular session of (1) in subsection (a)—
(C) appropriately prosecute perpetrators to the State legislature that begins after the (A) in paragraph (2)(A), by inserting before
the fullest extent of the law; and date of enactment of this Act. For purposes the period at the end of the second sentence
(2) a person is qualified as a victim of child of the previous sentence, in the case of a the following: ‘‘, such as collected samples of
sex trafficking if the person is a victim, as a State that has a 2-year legislative session, both solid tumor cancer and paired sam-
child, of human trafficking. each year of the session shall be deemed to ples’’;
SEC. 136. MISSING AND ABDUCTED FOSTER CHIL- be a separate regular session of the State (B) in paragraph (9), by striking ‘‘Child-
DREN AND YOUTH.
legislature. hood Cancer Survivorship, Treatment, Ac-
It is the sense of Congress that— cess, and Research Act of 2018’’ and inserting
TITLE II—AUTHORIZATION OF ‘‘Childhood Cancer Survivorship, Treatment,
(1) each State child welfare agency
APPROPRIATIONS Access, and Research Reauthorization Act of
should—
(A) prioritize developing and implementing SEC. 201. EXTENSION OF AUTHORIZATIONS 2022’’;
UNDER THE VICTIMS OF TRAF- (C) by redesignating paragraph (10) as para-
protocols to comply with section 471(a)(35) of
FICKING AND VIOLENCE PROTEC-
the Social Security Act (42 U.S.C. 671(a)(35)), TION ACT OF 2000.
graph (11); and
as amended by section 137; and (D) by inserting after paragraph (9) the fol-
Section 113 of the Victims of Trafficking
(B) report the information the agency re- and Violence Protection Act of 2000 (22 lowing:
ceives about missing or abducted foster chil- U.S.C. 7110) is amended— ‘‘(10) REPORT ON RESEARCHER ACCESS TO
dren and youth to the National Center on CHILDREN’S CANCER BIOREPOSITORY SAM-
(1) in subsection (b)—
Missing and Exploited Children and to law PLES.—Not later than 2 years after the date
(A) in paragraph (1), by striking ‘‘To carry
enforcement authorities for inclusion in the of enactment of the Childhood Cancer Survi-
out the purposes of sections 106(b) and
Federal Bureau of Investigation’s National vorship, Treatment, Access, and Research
107(b),’’ and inserting ‘‘To carry out the pur-
Crime Information Center database, in ac- Reauthorization Act of 2022, the Director of
poses of sections 106(b) and 107(b) of this Act
cordance with section 471(a)(34) of the Social NIH shall—
and section 429A of the Social Security
Security Act (42 U.S.C. 671(a)(34)); ‘‘(A) conduct a review of the procedures es-
Act,’’; and
(2) the reports described in paragraph tablished under paragraph (2)(C) and other
(B) in paragraph (2), by striking ‘‘2018
(1)(B)— policies or procedures related to researcher
through 2021’’ and inserting ‘‘2023 through
(A) should be made immediately (and in no access to such biospecimens to identify any
2028’’;
case later than 24 hours) after the informa- opportunities to reduce administrative bur-
(2) in subsection (d)(3), by striking
tion is received; and den, consistent with paragraph (2)(D), in a
‘‘$11,000,000 to the Attorney General for each
(B) were required to be provided to the Sec- manner that protects personal privacy to the
of the fiscal years 2018 through 2021’’ and in-
retary of Health and Human Services begin- extent required by applicable Federal and
serting ‘‘$11,000,000 to the Attorney General
ning on September 30, 2016; and State privacy law, at a minimum; and
for each of the fiscal years 2023 through
(3) according to section 471(a)(34) of such ‘‘(B) submit to the Committee on Health,
2028’’;
Act, each State child welfare agency was re- Education, Labor, and Pensions of the Sen-
(3) in subsection (f), by striking ‘‘2018
quired to submit annual reports to the Sec- ate and the Committee on Energy and Com-
through 2021.’’ and inserting ‘‘2023 through
retary of Health and Human Services begin- merce of the House of Representatives a re-
2028’’; and
ning on September 30, 2017, to notify the Sec- port on the findings of the review under sub-
(4) in subsection (i)—
retary of the total number of children and paragraph (A) and whether the Director of
(A) by striking ‘‘2018 through 2021’’ and in-
youth who are victims of human trafficking. NIH plans to make any changes to the poli-
serting ‘‘2023 through 2028’’; and
SEC. 137. MODIFICATION TO STATE PLAN FOR cies or procedures considered in such review,
(B) by inserting ‘‘of which $2,000,000 shall
FOSTER CARE AND ADOPTION AS- based on such findings.’’; and
be made available each fiscal year for the es-
SISTANCE. (2) in subsection (d), by striking ‘‘2019
tablishment of a labor trafficking investiga-
(a) STATE PLAN AMENDMENT.—Section through 2023’’ and inserting ‘‘2024 through
tion team within the Department of Home-
471(a)(35)(B) of the Social Security Act (42 2028’’.
land Security Center for Countering Human
U.S.C. 671(a)(35)(B)) is amended by striking (b) CANCER SURVIVORSHIP PROGRAMS.—Sec-
Trafficking, and the remaining funds shall be tion 201 of the Childhood Cancer Survivor-
the semicolon at the end and inserting the
used’’ after ‘‘expended,’’. ship, Treatment, Access, and Research Act of
following: ‘‘(referred to in this subparagraph
SEC. 202. IMPROVING ENFORCEMENT OF SEC- 2018 (Public Law 115–180) is amended—
as ‘‘NCMEC’’), and that the State agency TION 307 OF THE TARIFF ACT OF
shall maintain regular communication with 1930.
(1) in subsection (a)—
law enforcement agencies and NCMEC in ef- There is authorized to be appropriated (A) in the subsection heading, by striking
forts to provide a safe recovery of a missing $20,000,000, for each of fiscal years 2023 ‘‘PILOT PROGRAMS TO EXPLORE’’ and insert-
or abducted child or youth, including by through 2028, to the Commissioner of U.S. ing ‘‘RESEARCH TO EVALUATE’’
sharing information pertaining to the child’s Customs and Border Protection to strength- (B) in paragraph (1)—
or youth’s recovery and circumstances re- en the enforcement of section 307 of the Tar- (i) by striking ‘‘may make awards to eligi-
lated to the recovery, and that the State re- iff Act of 1930 (19 U.S.C. 1307). ble entities to establish pilot programs’’ and
port submitted to law enforcement agencies inserting ‘‘shall, as appropriate, make
TITLE III—SEVERABILITY
and NCMEC shall include where reasonably awards to eligible entities to conduct or sup-
SEC. 301. SEVERABILITY.
possible— port research’’;
If any provision of this Act or amendment (ii) by striking ‘‘model systems’’ and in-
‘‘(i) a photo of the missing or abducted
made by this Act, or the application of such serting ‘‘approaches’’;
child or youth;
provision or amendment to any person or (iii) by inserting ‘‘and adolescent’’ after
‘‘(ii) a description of the child’s or youth’s
circumstance, is held to be unconstitutional,
physical features, such as height, weight, ‘‘childhood’’; and
the remainder of this Act and the amend-
sex, ethnicity, race, hair color, and eye (iv) by striking ‘‘evaluation of models for’’;
ments made by this Act, and the application
color; and (C) in paragraph (2)—
of the provision or amendment to any other
‘‘(iii) endangerment information, such as (i) in subparagraph (A), in the matter pre-
person or circumstance, shall not be af-
the child’s or youth’s pregnancy status, pre- fected. ceding clause (i), by inserting ‘‘within the
scription medications, suicidal tendencies, --- existing peer review process,’’ after ‘‘prac-
vulnerability to being sex trafficked, and SA 6584. Mr. HEINRICH (for Mr. ticable,’’; and
other health or risk factors;’’. REED) proposed an amendment to the (ii) in subparagraph (B)(v), by striking ‘‘in
rfrederick on DSKB3L4F33PROD with SENATE
(b) EFFECTIVE DATE.— treating survivors of childhood cancers’’ and
bill S. 4120, to maximize discovery, and
(1) IN GENERAL.—Except as provided in inserting ‘‘in carrying out the activities de-
paragraph (2), the amendment made by sub- accelerate development and avail- scribed in paragraph (1)’’; and
section (a) shall take effect on the date of ability of promising childhood cancer (D) in paragraph (3)(B)(v), by striking ‘‘de-
enactment of this Act. treatments, and for other purposes; as sign of systems for the effective transfer of
(2) DELAY IF STATE LEGISLATION RE- follows: treatment information and care summaries
QUIRED.—In the case of a State plan under Strike all after the enacting clause and in- from cancer care providers to other health
part E of title IV of the Social Security Act sert the following: care providers’’ and inserting ‘‘design tools
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S9666 CONGRESSIONAL RECORD — SENATE December 20, 2022
to support the secure electronic transfer of (III) by adding at the end the following: dent shall make a final determination re-
treatment information and care summaries ‘‘(ii) ACCOUNTING PLAN.—The Secretary of garding which frequencies could feasibly be
between health care providers or, as applica- Defense shall submit a report to the Sec- reallocated for the purposes of that subpara-
ble and appropriate, longitudinal childhood retary of Commerce and the Director of the graph.’’;
cancer survivorship cohorts’’; and Office of Management and Budget not later (C) by amending paragraph (3) to read as
(2) in subsection (b)— than 90 days after the date of enactment of follows:
(A) in each of paragraphs (1) and (2), by this clause, in accordance with section ‘‘(3) AUCTION.—
striking ‘‘date of enactment of this Act’’ and 118(g)(2)(D)(i)(I) of the National Tele- ‘‘(A) IN GENERAL.—Not later than January
inserting ‘‘date of enactment of the Child- communications and Information Adminis- 15, 2028, the Commission, in coordination
hood Cancer Survivorship, Treatment, Ac- tration Organization Act (47 U.S.C. with the Under Secretary, shall commence a
cess, and Research Reauthorization Act of 928(g)(2)(D)(i)(I)), describing the activities system of competitive bidding under section
2022’’; and for which the Department of Defense has 309(j) of the Communications Act of 1934 (47
(B) in paragraph (1)— used, is using, and will use payments made U.S.C. 309(j)), in accordance with paragraph
(i) by striking subparagraphs (A) and (C); under subparagraph (A) before December 23, (2) of this subsection, of the frequencies iden-
(ii) by redesignating subparagraph (B) as 2022. The Secretary of Commerce, acting tified under such paragraph as suitable for a
subparagraph (A); and through the Under Secretary, and the Direc- system of competitive bidding.
(iii) by adding at the end the following: tor of the Office of Management and Budget ‘‘(B) PROHIBITION.—No entity that produces
‘‘(B) recommendations for enhancing or shall continuously review and provide an ac- or provides any covered communications
promoting activities of the Department of counting of the activities carried out using equipment or service (as defined in section 9
Health and Human Services related to work- the payments made under subparagraph of the Secure and Trusted Communications
force development for health care providers (A).’’; Networks Act of 2019 (47 U.S.C. 1608)), or any
who provide psychosocial care to pediatric (iii) by amending subparagraph (C) to read affiliate (as defined in section 3 of the Com-
cancer patients and survivors.’’. as follows: munications Act of 1934 (47 U.S.C. 153)) of
--- ‘‘(C) REPORT TO SECRETARY OF COMMERCE.— such an entity, may participate in the sys-
SA 6585. Ms. CANTWELL (for herself, For purposes of paragraph (2)(A), the Sec- tem of competitive bidding required by sub-
Mr. LUJÁN, Mr. SCHATZ, Ms. KLO- retary of Defense, in coordination with the paragraph (A).
BUCHAR, and Mr. HICKENLOOPER) sub- heads of other relevant Federal agencies who ‘‘(C) SCOPE.—The Commission may not in-
mitted an amendment intended to be receive funds under subparagraph (D) of this clude in the system of competitive bidding
paragraph, shall, not later than September required by subparagraph (A) any fre-
proposed by her to the bill H.R. 2617, to
30, 2023, report to the Secretary of Commerce quencies that are not in the covered band.’’;
amend section 1115 of title 31, United the findings of the planning activities de- and
States Code, to amend the description scribed in subparagraph (A) of this para- (D) by amending paragraph (4) to read as
of how performance goals are achieved, graph, and detail frequencies in the covered follows:
and for other purposes; which was or- band for identification by the Secretary of ‘‘(4) MODIFICATION OR WITHDRAWAL OF FED-
dered to lie on the table; as follows: Commerce under paragraph (2).’’; and ERAL ENTITY LICENSES.—
At the end, add the following: (iv) by adding at the end the following: ‘‘(A) IN GENERAL.—The President, acting
DIVISION KK—COMMUNICATIONS AND ‘‘(D) ADDITIONAL PAYMENTS.— through the Under Secretary, shall—
TECHNOLOGY ‘‘(i) IN GENERAL.—Federal entities with op- ‘‘(i) begin the process of modifying or with-
erations in the covered band that did not re- drawing any assignment to a Federal Gov-
SEC. 1. SHORT TITLE.
ceive a payment under subparagraph (A) and ernment station of the frequencies identified
This division may be cited as the ‘‘Spec- that the Under Secretary determines might under paragraph (2) to accommodate non-
trum Auction Reauthorization Act of 2022’’.
be affected by reallocation of the covered Federal use, shared Federal and non-Federal
TITLE I—SPECTRUM INNOVATION band may request a payment under section use, or a combination thereof in accordance
SEC. 101. SPECTRUM AUCTIONS AND INNOVA- 118(g)(2)(A) of the National Telecommuni- with that paragraph not later than Decem-
TION. cations and Information Administration Or- ber 15, 2027; and
(a) 3.1–3.45 GHZ BAND.— ganization Act (47 U.S.C. 928(g)(2)(A)) in ‘‘(ii) not later than 30 days after com-
(1) DEFINITIONS.—Section 90008(a) of the In- order to make available the entire covered pleting any necessary withdrawal or modi-
frastructure Investment and Jobs Act (47 band for non-Federal use, shared Federal and fication under clause (i), notify the Commis-
U.S.C. 921 note) is amended— non-Federal use, or a combination thereof. sion that the withdrawal or modification is
(A) by redesignating paragraph (3) as para- Total awards under this clause shall not ex- complete.
graph (4); ceed $25,000,000. ‘‘(B) LIMITATIONS.—The President may not
(B) by inserting after paragraph (2) the fol- ‘‘(ii) EXEMPTIONS.—Subparagraphs (C)(ii) modify or withdraw any assignment to a
lowing: and (D)(ii) of section 118(g)(2) of the National Federal Government station as described in
‘‘(3) FEDERAL ENTITY.—The term ‘Federal Telecommunications and Information Ad- subparagraph (A)—
entity’ has the meaning given such term in ministration Organization Act (47 U.S.C. ‘‘(i) unless the President determines that
section 113(l) of the National Telecommuni- 928(g)(2)) shall not apply with respect to a such modification or withdrawal will not
cations and Information Administration Or- payment made under clause (i). pose an unacceptable risk to the national se-
ganization Act (47 U.S.C. 923(l)).’’; and ‘‘(E) COOPERATION.—The Under Secretary curity of the United States; and
(C) by adding at the end the following: and the Department of Defense Chief Infor- ‘‘(ii) before November 30, 2024.’’.
‘‘(5) RELOCATION OR SHARING COSTS.—The mation Officer will serve as co-chairs of the (b) FCC AUCTION AUTHORITY.—
term ‘relocation or sharing costs’ has the Partnering to Advance Trusted and Holistic (1) TERMINATION.—Section 309(j)(11) of the
meaning given such term in section 113(g)(3) Spectrum Solutions (PATHSS) Task Communications Act of 1934 (47 U.S.C.
of the National Telecommunications and In- Group.’’; 309(j)(11)) is amended by striking ‘‘September
formation Administration Organization Act (B) by amending paragraph (2) to read as 30, 2025,’’ and all that follows and inserting
(47 U.S.C. 923(g)(3)). follows: ‘‘September 30, 2026, and with respect to the
‘‘(6) UNDER SECRETARY.—The term ‘Under ‘‘(2) IDENTIFICATION.— electromagnetic spectrum identified as suit-
Secretary’ means the Under Secretary of ‘‘(A) IN GENERAL.—Not later than June 15, able for a system of competitive bidding
Commerce for Communications and Informa- 2025, informed by the report required under under section 90008(b)(2) of the Infrastructure
tion.’’. paragraph (1)(C), the Secretary of Commerce, Investment and Jobs Act (47 U.S.C. 921 note),
(2) PROMOTING WIRELESS INNOVATION.—Sec- in consultation with the Secretary of De- such authority shall expire on the date that
tion 90008(b) of the Infrastructure Invest- fense, the Director of the Office of Science is 7 years after November 15, 2021.’’.
ment and Jobs Act (47 U.S.C. 921 note) is and Technology Policy, and the Commission, (2) SPECTRUM PIPELINE ACT OF 2015.—Section
amended— shall submit to the President, the Commis- 1004 of the Spectrum Pipeline Act of 2015
(A) in paragraph (1)— sion, and the relevant congressional commit- (Public Law 114–74; 129 Stat. 621; 47 U.S.C. 921
(i) in subparagraph (A)(i), by striking ‘‘for tees a report that identifies 350 megahertz of note) is amended—
shared Federal and non-Federal commercial frequencies in the covered band for non-Fed- (A) in subsection (a), by striking ‘‘2022’’
licensed use; and’’ and inserting ‘‘for non- eral use, shared Federal and non-Federal use, and inserting ‘‘2024’’;
Federal use, shared Federal and non-Federal or a combination thereof. (B) in subsection (b)(1), by striking ‘‘2022’’
use, or a combination thereof; and’’; ‘‘(B) DETERMINATION IN CASE OF RISK TO NA- and inserting ‘‘2024’’; and
(ii) in subparagraph (B)— TIONAL SECURITY.—If the Secretary of De- (C) in subsection (c)(1)(B), by striking
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(I) by striking ‘‘Section’’ and inserting the fense believes reallocation of the frequencies ‘‘2024’’ and inserting ‘‘2026’’.
following: identified by the Secretary of Commerce (c) RULE OF CONSTRUCTION.—Nothing in
‘‘(i) IN GENERAL.—Section’’; under subparagraph (A) poses an unaccept- this section or the amendments made by this
(II) in clause (i), as so designated, by strik- able risk to the national security of the section shall be construed to alter or impede
ing ‘‘the payment required under subpara- United States, the Secretary of Defense shall the activities authorized to be conducted
graph (A)’’ and inserting ‘‘payments made inform the President, as the Commander in using the payment required by section
under subparagraph (A) before December 23, Chief under Article II, Section 2 of the 90008(b)(1)(A) of the Infrastructure Invest-
2022’’; and United States Constitution, and the Presi- ment and Jobs Act (Public Law 117–58; 135
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9667
Stat. 1348; 47 U.S.C. 921 note), as such section shall develop a management plan for the time and in the manner determined by the
was in effect on the day before the date of grant program established under this sec- Under Secretary, and containing the certifi-
the enactment of this Act, if the Under Sec- tion, including by developing— cation required by paragraph (3).
retary of Commerce for Communications and ‘‘(i) plans related to the organizational ‘‘(3) COORDINATION REQUIRED.—Each eligi-
Information determines that such activities structure of such program; and ble entity shall include in the application re-
are conducted in accordance with section ‘‘(ii) funding profiles for each fiscal year of quired by paragraph (2) a certification that—
90008 of the Infrastructure Investment and the duration of such program. ‘‘(A) in the case of an eligible entity that
Jobs Act, as amended by this section. Noth- ‘‘(B) SUBMISSION TO CONGRESS.—Not later is a State, the entity—
ing in this subsection shall be construed to than 180 days after the date of the enactment ‘‘(i) has coordinated the application with
affect any requirement under section 1062(b) of this section, the Under Secretary shall— the emergency communications centers lo-
of the National Defense Authorization Act ‘‘(i) submit the management plan devel- cated within the jurisdiction of the entity;
for Fiscal Year 2000 (47 U.S.C. 921 note; Pub- oped under subparagraph (A) to— ‘‘(ii) has designated a single officer or gov-
lic Law 106–65). ‘‘(I) the Committees on Commerce, ernmental body to serve as the State point
(d) SAVINGS CLAUSE.—Nothing in this sec- Science, and Transportation and Appropria- of contact to coordinate the implementation
tion, or any amendment made by this sec- tions of the Senate; and of Next Generation 9–1–1 for that State, ex-
tion, shall be construed to alter the authori- ‘‘(II) the Committees on Energy and Com- cept that such designation need not vest
ties of the Under Secretary of Commerce for merce and Appropriations of the House of such officer or governmental body with di-
Communications and Information in the Representatives; rect legal authority to implement Next Gen-
spectrum management process as provided in ‘‘(ii) publish the management plan on the eration 9–1–1 or to manage emergency com-
the National Telecommunications and Infor- website of the National Telecommunications munications operations; and
mation Administration Organization Act (47 and Information Administration; and ‘‘(iii) has developed and submitted a plan
U.S.C. 901 et seq.). ‘‘(iii) provide the management plan to the for the coordination and implementation of
TITLE II—SECURE AND TRUSTED COMMU- Administrator for the purpose of publishing Next Generation 9–1–1 that—
NICATIONS NETWORKS REIMBURSE- the management plan on the website of the ‘‘(I) ensures interoperability by requiring
MENT PROGRAM National Highway Traffic Safety Adminis- the use of commonly accepted standards;
tration. ‘‘(II) ensures reliability;
SEC. 201. INCREASE IN LIMITATION ON EXPENDI-
TURE.
‘‘(2) MODIFICATION OF PLAN.— ‘‘(III) enables emergency communications
‘‘(A) MODIFICATION.—The Under Secretary, centers to process, analyze, and store multi-
Section 4(k) of the Secure and Trusted
after consulting with the Administrator, media, data, and other information;
Communications Networks Act of 2019 (47
may modify the management plan developed ‘‘(IV) incorporates cybersecurity tools, in-
U.S.C. 1603(k)) is amended by striking
under paragraph (1)(A). cluding intrusion detection and prevention
‘‘$1,900,000,000’’ and inserting ‘‘$4,980,000,000’’.
‘‘(B) SUBMISSION.—Not later than 90 days measures;
TITLE III—NEXT GENERATION 9–1–1 after the plan is modified under subpara- ‘‘(V) includes strategies for coordinating
SEC. 301. FURTHER DEPLOYMENT AND COORDI- graph (A), the Under Secretary shall— cybersecurity information sharing between
NATION OF NEXT GENERATION 9–1–1. ‘‘(i) submit the modified plan to— Federal, State, Tribal, and local government
Part C of the National Telecommuni- ‘‘(I) the Committees on Commerce, partners;
cations and Information Administration Or- Science, and Transportation and Appropria- ‘‘(VI) uses open and competitive request
ganization Act is amended by adding at the tions of the Senate; and for proposal processes, including through
end the following: ‘‘(II) the Committees on Energy and Com- shared government procurement vehicles, for
‘‘SEC. 159. COORDINATION OF NEXT GENERATION merce and Appropriations of the House of deployment of Next Generation 9–1–1;
9–1–1 IMPLEMENTATION. Representatives; ‘‘(VII) documents how input was received
‘‘(a) DUTIES OF UNDER SECRETARY WITH RE- ‘‘(ii) publish the modified plan on the and accounted for from relevant rural and
SPECT TO NEXT GENERATION 9–1–1.— website of the National Telecommunications urban emergency communications centers,
‘‘(1) IN GENERAL.—The Under Secretary, and Information Administration; and regional authorities, local authorities, and
after consulting with the Administrator, ‘‘(iii) provide the modified plan to the Ad- Tribal authorities;
shall— ministrator for the purpose of publishing the ‘‘(VIII) includes a governance body or bod-
‘‘(A) take actions, in coordination with modified plan on the website of the National ies, either by creation of new, or use of exist-
State points of contact described under sub- Highway Traffic and Safety Administration. ing, body or bodies, for the development and
section (c)(3)(A)(ii) as applicable, to improve ‘‘(c) NEXT GENERATION 9–1–1 IMPLEMENTA- deployment of Next Generation 9–1–1 that—
coordination and communication with re- TION GRANTS.— ‘‘(aa) ensures full notice and opportunity
spect to the implementation of Next Genera- ‘‘(1) GRANTS.—The Under Secretary shall for participation by relevant stakeholders;
tion 9–1–1; provide grants to eligible entities for— and
‘‘(B) develop, collect, and disseminate in- ‘‘(A) implementing Next Generation 9–1–1; ‘‘(bb) consults and coordinates with the
formation concerning the practices, proce- ‘‘(B) maintaining Next Generation 9–1–1; State point of contact required by clause (ii);
dures, and technology used in the implemen- ‘‘(C) training directly related to imple- ‘‘(IX) creates efficiencies related to Next
tation of Next Generation 9–1–1; menting, maintaining, and operating Next Generation 9–1–1 functions, including cyber-
‘‘(C) advise and assist eligible entities in Generation 9–1–1 if the cost related to the security and the virtualization and sharing
the preparation of implementation plans re- training does not exceed— of infrastructure, equipment, and services;
quired under subsection (c)(3)(A)(iii); ‘‘(i) 3 percent of the total grant award for and
‘‘(D) provide technical assistance to eligi- eligible entities that are not Tribes; and ‘‘(X) utilizes an effective, competitive ap-
ble entities provided a grant under sub- ‘‘(ii) 5 percent of the total grant award for proach to establishing authentication,
section (c) in support of efforts to explore ef- eligible entities that are Tribes; credentialing, secure connections, and access
ficiencies related to Next Generation 9–1–1; ‘‘(D) public outreach and education on how in deploying Next Generation 9–1–1, includ-
‘‘(E) review and approve or disapprove ap- the public can best use Next Generation 9–1– ing by—
plications for grants under subsection (c); 1 and the capabilities and usefulness of Next ‘‘(aa) requiring certificate authorities to
and Generation 9–1–1; be capable of cross-certification with other
‘‘(F) oversee the use of funds provided by ‘‘(E) administrative costs associated with authorities;
such grants in fulfilling such implementa- planning of Next Generation 9–1–1, including ‘‘(bb) avoiding risk of a single point of fail-
tion plans. any cost related to planning for and pre- ure or vulnerability; and
‘‘(2) ANNUAL REPORTS.—Not later than Oc- paring an application and related materials ‘‘(cc) adhering to Federal agency best prac-
tober 1, 2023, and each year thereafter until as required by this subsection, if— tices such as those promulgated by the Na-
funds made available to make grants under ‘‘(i) the cost is fully documented in mate- tional Institute of Standards and Tech-
subsection (c) are no longer available to be rials submitted to the Under Secretary; and nology; and
expended, the Under Secretary shall submit ‘‘(ii) the cost is reasonable, necessary, and ‘‘(B) in the case of an eligible entity that
to Congress a report on the activities con- does not exceed— is a Tribe, the Tribe has complied with
ducted by the Under Secretary under para- ‘‘(I) 1 percent of the total grant award for clauses (i) and (iii) of subparagraph (A).
graph (1) in the year preceding the submis- eligible entities that are not Tribes; and ‘‘(4) CRITERIA.—
sion of the report. ‘‘(II) 2 percent of the total grant award for ‘‘(A) IN GENERAL.—Not later than 1 year
‘‘(3) ASSISTANCE.—The Under Secretary eligible entities that are Tribes; after the date of the enactment of this sec-
may seek the assistance of the Adminis- ‘‘(F) costs associated with implementing tion, the Under Secretary, after consulting
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trator in carrying out the duties described in cybersecurity measures at emergency com- with the Administrator, shall issue rules,
subparagraphs (A) through (D) of paragraph munications centers or with respect to Next after providing the public with notice and an
(1) as the Under Secretary determines nec- Generation 9–1–1. opportunity to comment, prescribing the cri-
essary. ‘‘(2) APPLICATION.—In providing grants teria for selecting eligible entities for grants
‘‘(b) ADDITIONAL DUTIES.— under paragraph (1), the Under Secretary, under this subsection.
‘‘(1) MANAGEMENT PLAN.— after consulting with the Administrator, ‘‘(B) REQUIREMENTS.—The criteria shall—
‘‘(A) DEVELOPMENT.—The Under Secretary, shall require an eligible entity to submit to ‘‘(i) include performance requirements and
after consulting with the Administrator, the Under Secretary an application, at the a schedule for completion of any project to
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S9668 CONGRESSIONAL RECORD — SENATE December 20, 2022
be financed by a grant under this subsection; ‘‘(A) to support any activity of the First mation and data related to such requests
and Responder Network Authority; or with one or more other emergency commu-
‘‘(ii) specifically permit regional or multi- ‘‘(B) to make any payments to a person nications centers and emergency response
State applications for funds. who has been, for reasons of national secu- providers.
‘‘(C) UPDATES.—The Under Secretary shall rity, prohibited by any entity of the Federal ‘‘(iv) Analyzing any communications re-
update such rules as necessary. Government from bidding on a contract, par- ceived from emergency response providers.
‘‘(5) GRANT CERTIFICATIONS.—Each eligible ticipating in an auction, or receiving a ‘‘(v) Supporting incident command func-
entity shall certify to the Under Secretary grant.
tions.
at the time of application for a grant under ‘‘(d) DEFINITIONS.—In this section and sec-
tions 160 and 161: ‘‘(8) EMERGENCY RESPONSE PROVIDER.—The
this subsection, and each eligible entity that
receives such a grant shall certify to the ‘‘(1) 9–1–1 FEE OR CHARGE.—The term ‘9–1–1 term ‘emergency response provider’ has the
Under Secretary annually thereafter during fee or charge’ has the meaning given such meaning given that term under section 2 of
any period of time the funds from the grant term in section 6(f)(3)(D) of the Wireless the Homeland Security Act of 2002 (6 U.S.C.
are available to the eligible entity, that— Communications and Public Safety Act of 101).
‘‘(A) beginning on the date that is 180 days 1999 (47 U.S.C. 615a–1(f)(3)(D)). ‘‘(9) FIRST RESPONDER NETWORK AUTHOR-
before the date on which the application is ‘‘(2) 9–1–1 REQUEST FOR EMERGENCY ASSIST- ITY.—The term ‘First Responder Network
filed, no portion of any 9–1–1 fee or charge ANCE.—The term ‘9–1–1 request for emer- Authority’ means the authority established
imposed by the eligible entity (or in the case gency assistance’ means a communication, under 6204 of the Middle Class Tax Relief and
that the eligible entity is not a State or such as voice, text, picture, multimedia, or Job Creation Act of 2012 (47 U.S.C. 1424).
Tribe, any State or taxing jurisdiction with- any other type of data that is sent to an ‘‘(10) INTEROPERABILITY.—The term ‘inter-
in which the eligible entity will carry out, or emergency communications center for the operability’ means the capability of emer-
is carrying out, activities using grant funds) purpose of requesting emergency assistance. gency communications centers to receive 9–
are obligated or expended for a purpose or ‘‘(3) ADMINISTRATOR.—The term ‘Adminis- 1–1 requests for emergency assistance and in-
function not designated under the rules trator’ means the Administrator of the Na- formation and data related to such requests,
issued pursuant to section 6(f)(3) of the Wire- tional Highway Traffic Safety Administra- such as location information and callback
less Communications and Public Safety Act tion.
numbers from a person initiating the re-
of 1999 (47 U.S.C. 615a–1(f)(3)) (as such rules ‘‘(4) COMMONLY ACCEPTED STANDARDS.—The
quest, then process and share the 9–1–1 re-
are in effect on the date on which the eligi- term ‘commonly accepted standards’ means
quests for emergency assistance and infor-
ble entity makes the certification) as accept- the technical standards followed by the com-
munications industry for network, device, mation and data related to such requests
able;
and Internet Protocol connectivity that— with other emergency communications cen-
‘‘(B) any funds received by the eligible en-
tity will be used, consistent with paragraph ‘‘(A) enable interoperability; and ters and emergency response providers with-
(1), to support the deployment of Next Gen- ‘‘(B) are— out the need for proprietary interfaces and
eration 9–1–1 that ensures reliability and ‘‘(i) developed and approved by a standards regardless of jurisdiction, equipment, device,
interoperability, by requiring the use of development organization that is accredited software, service provider, or other relevant
commonly accepted standards; by an American standards body (such as the factors.
‘‘(C) the eligible entity (or in the case that American National Standards Institute) or ‘‘(11) NATIONWIDE PUBLIC SAFETY
the eligible entity is not a State or Tribe, an equivalent international standards body BROADBAND NETWORK.—The term ‘nationwide
any State or taxing jurisdiction within in a process— public safety broadband network’ has the
which the eligible entity will carry out or is ‘‘(I) that is open to the public, including meaning given the term in section 6001 of the
carrying out activities using grant funds) open for participation by any person; and Middle Class Tax Relief and Job Creation
has established, or has committed to estab- ‘‘(II) provides for a conflict resolution Act of 2012 (47 U.S.C. 1401).
lish not later than 3 years following the date process; ‘‘(12) NEXT GENERATION 9–1–1.—The term
on which the grant funds are distributed to ‘‘(ii) subject to an open comment and input ‘Next Generation 9–1–1’ means an Internet
the eligible entity— process before being finalized by the stand- Protocol-based system that—
‘‘(i) a sustainable funding mechanism for ards development organization; ‘‘(A) ensures interoperability;
Next Generation 9–1–1; and ‘‘(iii) consensus-based; and
‘‘(B) is secure;
‘‘(ii) effective cybersecurity resources for ‘‘(iv) made publicly available once ap-
‘‘(C) employs commonly accepted stand-
Next Generation 9–1–1; proved.
‘‘(5) COST RELATED TO THE TRAINING.—The ards;
‘‘(D) the eligible entity will promote inter-
term ‘cost related to the training’ means— ‘‘(D) enables emergency communications
operability between emergency communica-
tions centers deploying Next Generation 9–1– ‘‘(A) actual wages incurred for travel and centers to receive, process, and analyze all
1 and emergency response providers, includ- attendance, including any necessary over- types of 9–1–1 requests for emergency assist-
ing users of the nationwide public safety time pay and backfill wage; ance;
broadband network; ‘‘(B) travel expenses; ‘‘(E) acquires and integrates additional in-
‘‘(E) the eligible entity has or will take ‘‘(C) instructor expenses; or formation useful to handling 9–1–1 requests
steps to coordinate with adjoining States ‘‘(D) facility costs and training materials. for emergency assistance; and
and Tribes to establish and maintain Next ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(F) supports sharing information related
Generation 9–1–1; and entity’— to 9–1–1 requests for emergency assistance
‘‘(F) the eligible entity has developed a ‘‘(A) means— among emergency communications centers
plan for public outreach and education on ‘‘(i) a State or a Tribe; or and emergency response providers.
how the public can best use Next Generation ‘‘(ii) an entity, including a public author- ‘‘(13) RELIABILITY.—The term ‘reliability’
9–1–1 and on the capabilities and usefulness ity, board, or commission, established by one means the employment of sufficient meas-
of Next Generation 9–1–1. or more entities described in clause (i); and ures to ensure the ongoing operation of Next
‘‘(6) CONDITION OF GRANT.—Each eligible en- ‘‘(B) does not include any entity that has Generation 9–1–1 including through the use
tity shall agree, as a condition of receipt of failed to submit the certifications required of geo-diverse, device- and network-agnostic
a grant under this subsection, that if any under subsection (c)(5). elements that provide more than one route
State or taxing jurisdiction within which the ‘‘(7) EMERGENCY COMMUNICATIONS CENTER.— between end points with no common points
eligible entity will carry out activities using ‘‘(A) IN GENERAL.—The term ‘emergency where a single failure at that point would
grant funds fails to comply with a certifi- communications center’ means— cause all to fail.
cation required under paragraph (5), during ‘‘(i) a facility that— ‘‘(14) STATE.—The term ‘State’ means any
any period of time during which the funds ‘‘(I) is designated to receive a 9–1–1 request State of the United States, the District of
from the grant are available to the eligible for emergency assistance; and
Columbia, Puerto Rico, American Samoa,
entity, all of the funds from such grant shall ‘‘(II) performs one or more of the functions
Guam, the United States Virgin Islands, the
be returned to the Under Secretary. described in subparagraph (B); or
Northern Mariana Islands, and any other ter-
‘‘(7) PENALTY FOR PROVIDING FALSE INFOR- ‘‘(ii) a public safety answering point, as de-
MATION.—Any eligible entity that provides a fined in section 222 of the Communications ritory or possession of the United States.
certification under paragraph (5) knowing Act of 1934 (47 U.S.C. 222). ‘‘(15) SUSTAINABLE FUNDING MECHANISM.—
that the information provided in the certifi- ‘‘(B) FUNCTIONS DESCRIBED.—The functions The term ‘sustainable funding mechanism’
cation was false shall— described in this subparagraph are the fol- means a funding mechanism that provides
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‘‘(A) not be eligible to receive the grant lowing: adequate revenues to cover ongoing ex-
under this subsection; ‘‘(i) Processing and analyzing 9–1–1 re- penses, including operations, maintenance,
‘‘(B) return any grant awarded under this quests for emergency assistance and infor- and upgrades.
subsection; and mation and data related to such requests. ‘‘(16) TRIBE.—The term ‘Tribe’ has the
‘‘(C) not be eligible to receive any subse- ‘‘(ii) Dispatching appropriate emergency meaning given to the term ‘Indian Tribe’ in
quent grants under this subsection. response providers. section 4(e) of the Indian Self-Determination
‘‘(8) PROHIBITION.—Grant funds provided ‘‘(iii) Transferring or exchanging 9–1–1 re- and Education Assistance Act (25 U.S.C.
under this subsection may not be used— quests for emergency assistance and infor- 5304(e)).
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9669
‘‘SEC. 160. ESTABLISHMENT OF NATIONWIDE ‘‘(A) deploying Next Generation 9–1–1 in ‘‘(D) Dynamic coordination area analysis,
NEXT GENERATION 9–1–1 CYBERSE- rural and urban areas; definition, and control, if appropriate for a
CURITY CENTER. band.
‘‘(B) ensuring flexibility in guidance, rules,
‘‘The Under Secretary, after consulting and grant funding to allow for technology ‘‘(3) COMPLIANCE WITH COMMISSION RULES.—
with the Administrator and the Director of improvements; The incumbent informing capability re-
the Cybersecurity and Infrastructure Secu- ‘‘(C) creating efficiencies related to Next quired by subsection (a) shall ensure that use
rity Agency of the Department of Homeland Generation 9–1–1, including cybersecurity of covered spectrum is in accordance with
Security, shall establish a Next Generation and the virtualization and sharing of core in- the applicable rules of the Commission.
9–1–1 Cybersecurity Center to coordinate frastructure; ‘‘(4) INPUT OF INFORMATION.—Each incum-
with State, local, and regional governments ‘‘(D) enabling effective coordination among bent Federal entity sharing a band of cov-
on the sharing of cybersecurity information State, local, Tribal, and territorial govern- ered spectrum shall—
about, the analysis of cybersecurity threats ment entities to ensure that the needs of ‘‘(A) input into the system required by
to, and guidelines for strategies to detect emergency communications centers in both paragraph (1) such information as the Under
and prevent cybersecurity intrusions relat- rural and urban areas are taken into account Secretary may require, including the fre-
ing to Next Generation 9–1–1. in each implementation plan required under quency, time, and location of the use of the
‘‘SEC. 161. NEXT GENERATION 9–1–1 ADVISORY section 159(c)(3)(A)(iii); and band by such Federal entity; and
BOARD. ‘‘(E) incorporating existing cybersecurity ‘‘(B) to the extent practicable, input such
resources to Next Generation 9–1–1 procure- information into such system on an auto-
‘‘(a) NEXT GENERATION 9–1–1 ADVISORY
ment and deployment. mated basis.
BOARD.—
‘‘(8) AUTHORITY TO PROVIDE ADDITIONAL REC- ‘‘(5) PROTECTION OF CLASSIFIED INFORMA-
‘‘(1) ESTABLISHMENT.—The Under Secretary
OMMENDATIONS.—Except as provided in para- TION AND CONTROLLED UNCLASSIFIED INFORMA-
shall establish a ‘Public Safety Next Genera-
graphs (1) and (7), the Board may provide TION.—
tion 9–1–1 Advisory Board’ (in this section re-
recommendations to the Under Secretary ‘‘(A) IN GENERAL.—The system required by
ferred to as the ‘Board’) to provide rec-
only upon request of the Under Secretary. paragraph (1) shall contain appropriate
ommendations to the Under Secretary—
‘‘(9) DURATION OF AUTHORITY.—The Board measures to protect classified information
‘‘(A) with respect to carrying out the du- and controlled unclassified information, in-
ties and responsibilities of the Under Sec- shall terminate on the date on which funds
made available to make grants under section cluding any such classified information or
retary in issuing the regulations required controlled unclassified information that re-
under section 159(c); 159(c) are no longer available to be expended.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in lates to military operations.
‘‘(B) as required by paragraph (7); and ‘‘(B) MECHANISM.—The Under Secretary
‘‘(C) upon request under paragraph (8). this section may be construed as limiting
the authority of the Under Secretary to seek shall develop a mechanism—
‘‘(2) MEMBERSHIP.— ‘‘(i) for information sharing between clas-
‘‘(A) VOTING MEMBERS.—Not later than 150 comment from stakeholders and the pub-
lic.’’. sified and unclassified databases; and
days after the date of the enactment of this ‘‘(ii) to address issues of aggregate classi-
section, the Under Secretary shall appoint 16 TITLE IV—INCUMBENT INFORMING
fication challenges.
public safety members to the Board, of CAPABILITY
‘‘(6) CONSULTATION.—
which— SEC. 401. INCUMBENT INFORMING CAPABILITY. ‘‘(A) FEDERAL AGENCIES.—The Under Sec-
‘‘(i) 4 members shall represent local law (a) IN GENERAL.—Part B of the National retary shall consult with the heads of other
enforcement officials; Telecommunications and Information Ad- relevant Federal agencies on the develop-
‘‘(ii) 4 members shall represent fire and ministration Organization Act is amended by ment, testing, and implementation of the in-
rescue officials; adding at the end the following: cumbent informing capability to ensure con-
‘‘(iii) 4 members shall represent emergency ‘‘SEC. 120. INCUMBENT INFORMING CAPABILITY. sideration of the operational and mission re-
medical service officials; and ‘‘(a) IN GENERAL.—The Under Secretary quirements of those Federal agencies.
‘‘(iv) 4 members shall represent 9–1–1 pro- shall— ‘‘(B) STAKEHOLDER FEEDBACK.—The Under
fessionals. ‘‘(1) not later than 120 days after the date Secretary shall solicit stakeholder feedback
‘‘(B) DIVERSITY OF MEMBERSHIP.—Members of the enactment of this section, begin to from Federal and non-Federal users of the
shall be representatives of State or Tribes amend the Department of Commerce spec- incumbent informing capability, including
and local governments, chosen to reflect geo- trum management document entitled ‘Man- on—
graphic and population density differences as ual of Regulations and Procedures for Fed- ‘‘(i) how best to mitigate risks to incum-
well as public safety organizations at the na- eral Radio Frequency Management’ so as to bent Federal users and missions;
tional level across the United States. incorporate an incumbent informing capa- ‘‘(ii) which mitigation measures could en-
‘‘(C) EXPERTISE.—All members shall have bility; and able secondary access by non-Federal users
specific expertise necessary for developing ‘‘(2) not later than 90 days after December to avoid operational impact; and
technical requirements under this section, 31, 2022, begin to implement such capability, ‘‘(iii) a process for incumbent Federal users
such as technical expertise, and expertise re- including the development and testing of to share complaints or report harmful mis-
lated to public safety communications and 9– such capability. sion impact, including how the impact to
1–1 services. ‘‘(b) ESTABLISHMENT OF THE INCUMBENT IN- Federal missions would be assessed.
‘‘(D) RANK AND FILE MEMBERS.—In making FORMING CAPABILITY.— ‘‘(c) BRIEFING.—Not later than December
the appointments required by subparagraph ‘‘(1) IN GENERAL.—The incumbent inform- 16, 2023, and annually thereafter, the Under
(A), the Under Secretary shall appoint a ing capability required by subsection (a) Secretary shall provide a briefing on the im-
rank and file member from each of the public shall include a system to enable sharing, in- plementation and operation of the incum-
safety disciplines listed in clauses (i) cluding time-based sharing and coordination, bent informing capability to—
through (iv) of subparagraph (A) as a mem- to securely manage harmful interference be- ‘‘(1) the Committee on Commerce, Science,
ber of the Board and shall select such mem- tween non-Federal users and incumbent Fed- and Transportation of the Senate; and
ber from an organization that represents its eral entities sharing a band of covered spec- ‘‘(2) the Committee on Energy and Com-
public safety discipline at the national level. trum and between Federal entities sharing a merce of the House of Representatives.
‘‘(3) PERIOD OF APPOINTMENT.— band of covered spectrum. ‘‘(d) DEFINITIONS.—In this section:
‘‘(A) IN GENERAL.—Except as provided in ‘‘(2) REQUIREMENTS.—The system required ‘‘(1) COVERED SPECTRUM.—The term ‘cov-
subparagraph (B), members of the Board by paragraph (1) shall contain, at a min- ered spectrum’ means—
shall serve for a 3-year term. imum, the following: ‘‘(A) electromagnetic spectrum for which
‘‘(B) REMOVAL FOR CAUSE.—A member of ‘‘(A) One or more mechanisms (that shall usage rights are assigned to or authorized for
the Board may be removed for cause upon include interfaces to commerce sharing sys- (including before the date on which the in-
the determination of the Under Secretary. tems, as appropriate) to allow non-Federal cumbent informing capability required by
‘‘(4) VACANCIES.—Any vacancy in the Board use in covered spectrum, as authorized by subsection (a) is implemented) a non-Federal
shall be filled in the same manner as the the rules of the Commission. user or class of non-Federal users for use on
original appointment. ‘‘(B) One or more mechanisms to facilitate a shared basis with an incumbent Federal en-
‘‘(5) QUORUM.—A majority of the members Federal-to-Federal sharing, as authorized by tity in accordance with the rules of the Com-
of the Board shall constitute a quorum. the NTIA. mission; and
‘‘(6) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(C) One or more mechanisms to prevent, ‘‘(B) electromagnetic spectrum allocated
The Board shall select a Chairperson and eliminate, or mitigate harmful interference on a primary or co-primary basis for Federal
rfrederick on DSKB3L4F33PROD with SENATE
Vice Chairperson from among the voting to and from incumbent Federal entities, in- use that is shared among Federal entities.
members of the Board. cluding one or more of the following func- ‘‘(2) FEDERAL ENTITY.—The term ‘Federal
‘‘(7) DUTY OF BOARD TO SUBMIT REC- tions: entity’ has the meaning given such term in
OMMENDATIONS.—Not later than 120 days ‘‘(i) Sensing. section 113(l).
after all members of the Board are appointed ‘‘(ii) Identification. ‘‘(3) INCUMBENT INFORMING CAPABILITY.—
under paragraph (2), the Board shall submit ‘‘(iii) Reporting. The term ‘incumbent informing capability’
to the Under Secretary recommendations ‘‘(iv) Analysis. means a capability to facilitate the sharing
for— ‘‘(v) Resolution. of covered spectrum.
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S9670 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(e) RULE OF CONSTRUCTION.—Nothing in ing proceeds after making the deposit de- (B) 30 percent of any such amounts, but no
this section shall be construed to alter or ex- scribed in this paragraph shall be deposited more than $14,800,000,000 cumulatively, shall
pand the authority of the NTIA as described in accordance with section 602 of this divi- be made available to the Under Secretary of
in section 113(j)(1).’’. sion. Commerce for Communications and Informa-
(b) FUNDING.—On the date of the enact- (3) Any remaining proceeds after carrying tion until expended to carry out sections 159,
ment of this Act, the Director of the Office out paragraphs (1) and (2) shall be deposited 160, and 161 of the National Telecommuni-
of Management and Budget shall transfer in accordance with section 602 of this divi- cations and Information Administration Or-
$120,000,000 from the Spectrum Relocation sion. ganization Act, as added by section 301 of
Fund established under section 118 of the Na- SEC. 602. SPECTRUM AUCTION TRUST FUND. this division, except that not more than 4
tional Telecommunications and Information (a) ESTABLISHMENT.—There is established percent of the amount made available by
Administration Organization Act (47 U.S.C. in the Treasury of the United States a fund this subparagraph may be used for adminis-
928) to the National Telecommunications and to be known as the ‘‘Spectrum Auction Trust trative purposes (including carrying out such
Information Administration for the purpose Fund’’ (in this section referred to as the sections 160 and 161).
of establishing the incumbent informing ca- ‘‘Fund’’) for the purposes described in sub- (C) 30 percent of any such amounts, but no
pability under section 120 of such Act, as paragraphs (A) through (E) of subsection more than $5,000,000,000 cumulatively, shall
added by subsection (a). (c)(1). Amounts deposited in the Fund shall be made available to the Under Secretary of
TITLE V—EXTENSION OF FCC AUCTION remain available until expended. Commerce for Communications and Informa-
AUTHORITY (b) DEFICIT REDUCTION.— tion to carry out section 60401 of the Infra-
SEC. 501. EXTENSION OF FCC AUCTION AUTHOR- (1) PROCEEDS OF REQUIRED AUCTION OF 3.1- structure Investment and Jobs Act (47 U.S.C.
ITY. 3.45 GHZ BAND.—Except as provided in section 1741).
(a) SUPERSESSION OF SHORT EXTENSION.— 309(j)(8)(B) of the Communications Act of (D) 5 percent of such amounts, but no more
Section 901 of division O of this Act shall 1934 (47 U.S.C. 309(j)(8)(B)), and notwith- than $200,000,000 cumulatively, shall be made
have no force or effect. standing any other provision of law— available to the Under Secretary of Com-
(b) EXTENSION.—Section 309(j)(11) of the (A) the first $17,300,000,000 of the proceeds merce for Communications and Information
Communications Act of 1934 (47 U.S.C. of systems of competitive bidding required to carry out the Telecommunications Work-
309(j)(11)) is amended by striking ‘‘December under section 90008 of the Infrastructure In- force Training Grant Program created under
23, 2022’’ and inserting ‘‘December 31, 2025’’. vestment and Jobs Act (47 U.S.C. 921 note) title XII of this division.
TITLE VI—SPECTRUM AUCTION TRUST shall be deposited in the general fund of the (E) 5 percent of such amounts, but no more
FUND Treasury, where such proceeds shall be dedi- than $200,000,000 cumulatively, shall be
SEC. 601. DEPOSIT OF PROCEEDS. cated for the sole purpose of deficit reduc- transferred to the general fund of the Treas-
(a) COVERED AUCTION DEFINED.—In this tion; and ury to reimburse the amount borrowed under
title, the term ‘‘covered auction’’ means a (B) the remainder of the proceeds of the section (e) of this section.
system of competitive bidding— systems of competitive bidding described in (2) DISTRIBUTION.—If the maximum amount
(1) conducted under section 309(j) of the subparagraph (A) shall be deposited in ac- permitted under a subparagraph of para-
Communications Act of 1934 (47 U.S.C. 309(j)), cordance with subsection (c). graph (1) is met, whether through covered
as amended by this division, that commences (2) PROCEEDS OF SPECTRUM PIPELINE ACT OF auction proceeds or appropriations to the
during the period beginning on December 23, 2015 AUCTION.—Except as provided in section program specified in such subparagraph, any
2022, and ending on December 31, 2025; 309(j)(8)(B) of the Communications Act of remaining proceeds shall be deposited pro
(2) conducted under section 309(j) of the 1934 (47 U.S.C. 309(j)(8)(B)), and notwith- rata based on the original distribution to all
Communications Act of 1934 (47 U.S.C. 309(j)), standing any other provision of law— subparagraphs of paragraph (1) for which the
as amended by this division, for the band of (A) the first $300,000,000 of the proceeds of maximum amount permitted has not been
frequencies between 3100 megahertz and 3450 the system of competitive bidding required met.
megahertz, inclusive; or under section 1004 of the Spectrum Pipeline (3) DEFICIT REDUCTION.—After the amount
(3)(A) that involves a band of frequencies Act of 2015 (47 U.S.C. 921 note) shall be depos- required to be made available by paragraphs
described in section 113(g)(2) of the National ited in the general fund of the Treasury, (1) and (2) is so made available, any remain-
Telecommunications and Information Ad- where such proceeds shall be dedicated for ing amounts shall be deposited in the general
ministration Organization Act (47 U.S.C. the sole purpose of deficit reduction; and fund of the Treasury, where such amounts
923(g)(2)); or (B) the remainder of the proceeds of the shall be dedicated for the sole purpose of def-
(B) with respect to which the Federal Com- system of competitive bidding described in icit reduction.
munications Commission shares with a li- subparagraph (A) shall be deposited in ac- (d) FCC BORROWING AUTHORITY.—The Fed-
censee a portion of the proceeds, as described cordance with subsection (c). eral Communications Commission may bor-
in paragraph (8)(G) of such section 309(j). (3) REMAINING PROCEEDS OF COVERED AUC- row from the Treasury of the United States,
(b) DEPOSIT OF PROCEEDS.—Notwith- TIONS.—Except as provided in section not later than 90 days after the date of the
standing subparagraphs (A), (C)(i), (D), and 309(j)(8)(B) of the Communications Act of enactment of this Act, an amount not to ex-
(G)(iii) of section 309(j)(8) of the Communica- 1934 (47 U.S.C. 309(j)(8)(B)), and notwith- ceed $3,080,000,000 to carry out the Secure
tions Act of 1934 (47 U.S.C. 309(j)(8)) and ex- standing any other provision of law, any pro- and Trusted Communications Networks Act
cept as provided in subparagraph (B) of such ceeds from covered auctions conducted under of 2019 (47 U.S.C. 1601 et seq.), provided that
section, the proceeds (including deposits and section 309(j) of the Communications Act of
the Commission shall not use any funds bor-
upfront payments from successful bidders) 1934 (47 U.S.C. 309(j)), shall be deposited as
rowed under this subsection in a manner
from any covered auction shall be deposited follows (unless the system of competitive
that may result in outlays on or after De-
or available as follows: bidding is a covered auction or a system of
cember 31, 2032.
(1) In the case of proceeds attributable to competitive bidding described in paragraph
eligible frequencies described in subsection (1) or (2) of this subsection, in which case (e) NTIA BORROWING AUTHORITY.—The
(g)(2) of section 113 of the National Tele- those proceeds shall be deposited in accord- Under Secretary of Commerce for Commu-
communications and Information Adminis- ance with paragraph (1) or (2) of this sub- nications and Information may borrow from
tration Organization Act (47 U.S.C. 923), such section, as applicable): the Treasury of the United States, not later
amount of such proceeds as is necessary to (A) The first $2,000,000,000 of those proceeds than 90 days after the date of the enactment
cover 110 percent of the relocation or sharing shall be deposited in the general fund of the of this Act, an amount not to exceed
costs (as defined in subsection (g)(3) of such Treasury, where such amounts shall be dedi- $200,000,000 to carry out the Minority Serving
section) of Federal entities (as defined in cated for the sole purpose of deficit reduc- Institutions Program created under title XI
subsection (l) of such section) relocated from tion. of this division, provided that the Under Sec-
or sharing such eligible frequencies shall be (B) Any remaining proceeds after carrying retary shall not use any funds borrowed
deposited in the Spectrum Relocation Fund out subparagraph (A) shall be deposited in under this subsection in a manner that may
established under section 118 of such Act (47 accordance with subsection (c). result in outlays on or after December 31,
U.S.C. 928). Any remaining proceeds after (c) DEPOSIT OF FUNDS.— 2032.
making the deposit described in this para- (1) IN GENERAL.—Except as provided in sub-
graph shall be deposited in accordance with section (b) and paragraph (2), and notwith- (f) REPORTING REQUIREMENT.—Not later
section 602 of this division. standing any other provision of law (except than 2 years after the date of the enactment
(2) In the case of proceeds attributable to for that subsection), an aggregate total of this Act, and every year thereafter until
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spectrum usage rights made available amount of $23,280,000,000 from covered auc- funds are fully expended, the agencies to
through an incentive auction under subpara- tions shall be deposited in the Fund as fol- which the funds are made available shall
graph (G) of section 309(j)(8) of the Commu- lows: submit to the Committee on Energy and
nications Act of 1934 (47 U.S.C. 309(j)(8)), such (A) 30 percent of any such amounts, but no Commerce of the House of Representatives
amount of such proceeds as the Federal Com- more than $3,080,000,000 cumulatively, shall and the Committee on Commerce, Science,
munications Commission has agreed to share be transferred to the general fund of the and Transportation of the Senate a report on
with licensees under such subparagraph shall Treasury to reimburse the amount borrowed the amount transferred or made available
be shared with such licensees. Any remain- under section (d) of this section. under each subparagraph of subsection (c)(1).
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9671
TITLE VII—CREATION OF A SPECTRUM (5) RULE OF CONSTRUCTION.—Nothing in this rule an interagency coordination summary
PIPELINE subsection may be construed to require the that describes—
SEC. 701. CREATION OF A SPECTRUM PIPELINE. disclosure of classified information, law en- ‘‘(A) when the Commission provided notice
(a) FEASIBILITY ASSESSMENT.— forcement sensitive information, or other in- to the Under Secretary regarding the spec-
(1) IN GENERAL.—The Under Secretary shall formation reflecting technical, procedural, trum action, as required under the Memo-
complete, not later than June 15, 2025, a fea- or policy concerns subject to protection randum;
sibility assessment of making available elec- under section 552 of title 5, United States ‘‘(B) whether the Under Secretary raised
tromagnetic spectrum for non-Federal use, Code. technical, procedural, or policy concerns of
shared Federal and non-Federal use, or a (c) DEFINITIONS.—In this section: Federal entities regarding the spectrum ac-
combination thereof, in the bands of fre- (1) COMMISSION.—The term ‘‘Commission’’ tion; and
quencies— means the Federal Communications Com- ‘‘(C) how any concerns described in sub-
(A) between 4400 and 4940 megahertz, inclu- mission. paragraph (B) were resolved.
sive; and (2) UNDER SECRETARY.—The term ‘‘Under ‘‘(3) RULE OF CONSTRUCTION.—Nothing in
(B) between 7125 and 8500 megahertz, inclu- Secretary’’ means the Under Secretary of this subsection may be construed to require
sive. Commerce for Communications and Informa-
the disclosure of classified information, or
(2) OTHER REQUIREMENTS.—In conducting tion.
other information reflecting technical, pro-
the feasibility assessment under paragraph TITLE VIII—IMPROVING SPECTRUM cedural, or policy concerns that are exempt
(1), the Under Secretary shall— MANAGEMENT from disclosure under section 552 of title 5,
(A) coordinate directly with covered agen- SEC. 801. IMPROVING SPECTRUM MANAGEMENT. United States Code (commonly known as the
cies with respect to frequencies assigned to, Part A of the National Telecommuni- ‘Freedom of Information Act’).
and used by, those agencies in the bands de- cations and Information Administration Or-
scribed in paragraph (1) and in affected adja- ganization Act is amended by adding at the ‘‘(c) FEDERAL SPECTRUM COORDINATION RE-
cent or near adjacent bands; and end the following: SPONSIBILITIES.—
(B) conduct each analysis in accordance ‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT. ‘‘(1) IN GENERAL.—Not later than 180 after
with section 113(j) of the National Tele- ‘‘(a) DEFINITIONS.—In this section: the date of the enactment of this Act, the
communications and Information Adminis- ‘‘(1) CHAIR.—The term ‘Chair’ means the Under Secretary shall establish a charter for
tration Organization Act (47 U.S.C. 923(j)). Chairman of the Commission. the PPSG.
(b) REPORT TO THE COMMISSION AND CON- ‘‘(2) COMMISSION.—The term ‘Commission’ ‘‘(2) PPSG REPRESENTATIVE.—
GRESS.— means the Federal Communications Com- ‘‘(A) IN GENERAL.—The head of each Fed-
(1) IN GENERAL.—Not later than 30 days mission. eral entity that is reflected in the member-
after the date on which the Under Secretary ‘‘(3) MEMORANDUM.—The term ‘Memo- ship of the PPSG, as identified in the charter
completes the feasibility assessment re- randum’ means the Memorandum of Under- established under paragraph (1), shall ap-
quired under subsection (a)(1), the Under standing between the Commission and the point a senior-level employee (or an indi-
Secretary shall submit to the Commission National Telecommunications and Informa- vidual occupying a Senior Executive Service
and Congress a report regarding that anal- tion Administration (relating to increased position, as defined in section 3132(a) of title
ysis, including an identification of the fre- coordination between Federal spectrum 5, United States Code) who is eligible to re-
quencies to be reallocated from Federal use management agencies to promote the effi- ceive a security clearance that allows for ac-
to non-Federal use, and from Federal use to cient use of the radio spectrum in the public cess to sensitive compartmented information
shared Federal and non-Federal use. interest), signed on August 1, 2022, or any to serve as the representative of the Federal
(2) CONTENTS.—The report submitted under successor memorandum. entity to the PPSG.
paragraph (1) shall include— ‘‘(4) PPSG.—The term ‘PPSG’ means the ‘‘(B) SECURITY CLEARANCE REQUIREMENT.—If
(A) the covered agencies with which the interagency advisory body that, as of the an individual appointed under subparagraph
Under Secretary coordinated regarding the date of the enactment of this section, is (A) is not eligible to receive a security clear-
frequencies considered under subsection known as the Policy and Plans Steering ance described in that subparagraph—
(a)(1); Group. ‘‘(i) the appointment shall be invalid; and
(B) the necessary steps to make the bands ‘‘(5) SPECTRUM ACTION.—The term ‘spec- ‘‘(ii) the head of the Federal entity making
of frequencies considered under subsection trum action’ means any proposed action by the appointment shall appoint another indi-
(a)(1) available for non-Federal use, shared the Commission to reallocate radio fre- vidual who satisfies the requirements of that
Federal and non-Federal use, or a combina- quency spectrum that is anticipated to re- subparagraph, including the requirement
tion thereof, including— sult in a system of competitive bidding con- that the individual is eligible to receive such
(i) the technical requirements necessary to ducted under section 309(j) of the Commu- a security clearance.
make available bands in the frequencies con- nications Act of 1934 (47 U.S.C. 309(j)) or li- ‘‘(3) DUTIES.—An individual appointed
sidered under subsection (a)(1) for— censing that could potentially impact the under paragraph (2) shall—
(I) exclusive non-Federal use; and spectrum operations of a Federal entity. ‘‘(A) oversee the spectrum coordination
(II) shared Federal and non-Federal use; ‘‘(6) UNDER SECRETARY.—The term ‘Under policies and procedures of the applicable
and Secretary’ means the Under Secretary of Federal entity;
(ii) an estimate of the cost to covered Commerce for Communications and Informa- ‘‘(B) be responsible for timely notification
agencies to make available bands in the fre- tion. of technical or procedural concerns of the ap-
quencies considered under subsection (a)(1) ‘‘(b) FEDERAL COORDINATION PROCEDURES.— plicable Federal entity to the PPSG; and
for— ‘‘(1) NOTICE.—With respect to each spec- ‘‘(C) work closely with the representative
(I) exclusive non-Federal use; and trum action, the Under Secretary shall file of the applicable Federal entity to the Inter-
(II) shared Federal and non-Federal use; in the public record with respect to the spec- department Radio Advisory Committee.
(C) an assessment of the likelihood that trum action information (redacted as nec- ‘‘(4) PUBLIC CONTACT.—
authorizing mobile or fixed terrestrial oper- essary if the information is protected from ‘‘(A) IN GENERAL.—Each Federal entity
ations in any of the frequencies considered disclosure for a reason described in para- shall list, on the website of the Federal enti-
under subsection (a)(1) would result in harm- graph (3)) not later than the end of the pe- ty, the name and contact information of the
ful interference to an affected Federal enti- riod for submitting comments to the Com- representative of the Federal entity to the
ty; and mission in such proceeding regarding— PPSG, as appointed under paragraph (2).
(D) an assessment of the potential impact ‘‘(A) when the Commission provided notice ‘‘(B) NTIA RESPONSIBILITY.—The Under Sec-
that authorizing mobile or fixed terrestrial to the Under Secretary regarding the spec- retary shall publish on the public website of
wireless operations, including advanced mo- trum action, as required under the Memo- the NTIA a complete list of the representa-
bile services operations, in any of the fre- randum; tives to the PPSG appointed under para-
quencies considered under subsection (a) ‘‘(B) the Federal entities that may be im- graph (2).
could have on the mission of an affected Fed- pacted by the spectrum action;
eral entity. ‘‘(C) when the Under Secretary provided ‘‘(d) COORDINATION BETWEEN FEDERAL
(3) PUBLIC AVAILABILITY.—The Under Sec- notice to the Federal entities described in AGENCIES AND THE NTIA.—
retary shall make the report submitted subparagraph (B) regarding the spectrum ac- ‘‘(1) UPDATES.—Not later than 3 years from
under this subsection publicly available. tion; and the date of the enactment of this section,
(4) CLASSIFIED INFORMATION.—To the extent ‘‘(D) a summary of the general technical or and every 4 years thereafter or more fre-
rfrederick on DSKB3L4F33PROD with SENATE
that there is classified material in the report procedural concerns of Federal entities with quently as appropriate, the Commission and
required to be submitted under subsection the spectrum action. the NTIA shall update the Memorandum.
(b)(1), provide the Committee on Energy and ‘‘(2) FINAL RULE.—If the Commission pro- ‘‘(2) NATURE OF UPDATE.—In updating the
Commerce of the House of Representatives mulgates a final rule under section 553 of Memorandum as required in paragraph (1),
and the Committee on Commerce, Science title 5, United States Code, involving a spec- such updates shall reflect changing techno-
and Transportation of the Senate a briefing trum action, the Commission shall prepare, logical, procedural, and policy circumstances
on the classified components of the report make available to the public, and publish in as determined are necessary and appropriate
submitted under this subsection. the Federal Register along with the final by the Commission and NTIA.’’.
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S9672 CONGRESSIONAL RECORD — SENATE December 20, 2022
TITLE IX—SPECTRUM RELOCATION FUND proposed timelines and estimated costs in SEC. 1002. UNDER SECRETARY OF COMMERCE
MODERNIZATION that plan. FOR COMMUNICATIONS AND INFOR-
‘‘(ii) PUBLICATION.—Not later than 15 days MATION.
SEC. 901. SPECTRUM RELOCATION FUND MOD-
ERNIZATION. after the NTIA adopts the regulations re- (a) IN GENERAL.—Section 103(a)(2) of the
(a) CONGRESSIONAL NOTIFICATION quired under clause (i), the NTIA shall pub- National Telecommunications and Informa-
TIMELINES.—Section 118 of the National lish the framework developed under clause tion Administration Organization Act (47
Telecommunications and Information Ad- (i) on the website of the NTIA.’’; and U.S.C. 902(a)(2)) is amended by striking ‘‘As-
ministration Organization Act (47 U.S.C. 928) (2) in paragraph (4)— sistant Secretary of Commerce for Commu-
is amended— (A) in subparagraph (A)— nications and Information’’ and inserting
(1) in subsection (d)(2)— (i) by inserting ‘‘written’’ before ‘‘report’’; ‘‘Under Secretary of Commerce for Commu-
(A) in subparagraph (C), by striking ‘‘30 and nications and Information’’.
days’’ and inserting ‘‘15 days’’; and (ii) by striking ‘‘paragraph (2)’’ and all (b) PAY.—Subchapter II of chapter 53 of
(B) in the matter following subparagraph that follows through the period at the end title 5, United States Code, is amended—
(C), by striking ‘‘30 days’’ and inserting ‘‘15 and inserting the following: ‘‘the framework (1) in section 5314, by striking ‘‘and Under
days’’; under paragraph (3) and an assessment of Secretary of Commerce for Minority Busi-
(2) in subsection (f)(2)(B)(iv), by striking whether the plan meets the criteria estab- ness Development’’ and inserting ‘‘Under
lished in the framework under paragraph (3) Secretary of Commerce for Minority Busi-
‘‘30 days’’ and inserting ‘‘15 days’’; and
for the reasonableness of the proposed ness Development, and Under Secretary of
(3) in subsection (g)(2)(D)(ii), by striking
timelines and estimated costs.’’; Commerce for Communications and Informa-
‘‘60 days’’ and inserting ‘‘15 days’’.
(B) in subparagraph (B), by striking ‘‘90’’ tion’’; and
(b) COMPARABLE CAPABILITY.—Section
and inserting ‘‘60’’; and (2) in section 5315, by striking ‘‘(11)’’ after
113(g)(3) of the National Telecommunications
(C) by adding at the end the following: ‘‘Assistant Secretaries of Commerce’’ and in-
and Information Administration Organiza-
‘‘(C) TRANSPARENCY AND NOTIFICATION.—If serting ‘‘(10)’’.
tion Act (47 U.S.C. 923(g)(3)) is amended—
the Technical Panel finds that a plan sub- (c) DEPUTY UNDER SECRETARY.—
(1) in subparagraph (A)—
mitted under paragraph (1) is insufficient, (1) IN GENERAL.—Section 103(a) of the Na-
(A) in clause (iv), by striking ‘‘; and’’ and
not later than 15 days after the finding of in- tional Telecommunications and Information
inserting a semicolon;
sufficiency, the NTIA shall submit to Con- Administration Organization Act (47 U.S.C.
(B) in clause (v), by striking the period at
gress a notification, which shall include the 902(a)), as amended by subsection (a) of this
the end and inserting ‘‘; and’’; and
criteria established in the framework under section, is amended by adding at the end the
(C) by adding at the end the following:
paragraph (3) the Technical Panel deter- following:
‘‘(vi) the costs associated with replacing
mined that the plan did not meet.’’. ‘‘(3) DEPUTY UNDER SECRETARY.—The Dep-
systems and equipment with state-of-the-art (d) RESEARCH FUNDS FOR TRANSITION
systems and equipment, including systems uty Under Secretary of Commerce for Com-
PLANS.—Section 118(g)(2) of the National
and equipment with additional functions, Telecommunications and Information Ad- munications and Information shall—
only if the state-of-the-art systems and ministration Organization Act (47 U.S.C. ‘‘(A) be the principal policy advisor of the
equipment allow for the reallocation of sig- 928(g)(2)) is amended— Under Secretary;
nificantly more valuable spectrum fre- (1) in subparagraph (C), by striking ‘‘that— ‘‘(B) perform such other functions as the
quencies from Federal use to exclusive non- ’’ and all that follows through the period at Under Secretary shall from time to time as-
Federal use or to shared Federal and non- the end and inserting ‘‘that are assigned to a sign or delegate; and
Federal use than would be reallocated if sys- Federal entity.’’; and ‘‘(C) act as Under Secretary during the ab-
tems and equipment were replaced with com- (2) in subparagraph (E)(ii)(I)(bb), by strik- sence or disability of the Under Secretary or
parable systems and equipment or systems ing ‘‘and’’ and inserting ‘‘or’’. in the event of a vacancy in the office of the
and equipment with incidental increases in (e) STUDY OF PAYMENTS FOR RESEARCH AND Under Secretary.’’.
functionality, provided the costs would not DEVELOPMENT.—The Comptroller General of (2) TECHNICAL AND CONFORMING AMEND-
jeopardize the ability of the Under Sec- the United States shall issue a report to Con- MENT.—Section 106(c) of the Public Tele-
retary, in consultation with the Chair of the gress— communications Financing Act of 1978 (5
Commission, to reallocate eligible spectrum (1) reviewing the use of the Spectrum Relo- U.S.C. 5316 note; Public Law 95–567) is
frequencies from Federal use to exclusive cation Fund established under section 118 of amended by striking ‘‘The position of Dep-
non-Federal use or to shared use.’’; and the National Telecommunications and Infor- uty Assistant Secretary of Commerce for
(2) in subparagraph (B)(ii), by striking ‘‘in- mation Administration Organization Act (47 Communications and Information, estab-
cidental’’. U.S.C. 928) by Federal entities for research lished in Department of Commerce Organiza-
(c) TECHNICAL PANEL.—Section 113(h) of the and development, engineering studies, eco- tion Order Numbered 10-10 (effective March
National Telecommunications and Informa- nomic analyses, activities with respect to 26, 1978),’’ and inserting ‘‘The position of
tion Administration Organization Act (47 systems, or other planning activities in- Deputy Under Secretary of Commerce for
U.S.C. 923(h)) is amended— tended to improve the efficiency and effec- Communications and Information, estab-
(1) in paragraph (3)— tiveness of the spectrum use of Federal enti- lished under section 103(a) of the National
(A) in subparagraph (B)(i)— ties in order to make available frequencies Telecommunications and Information Ad-
(i) in the clause heading, by striking ‘‘NUM- for exclusive non-Federal use; and ministration Organization Act (47 U.S.C.
BER AND APPOINTMENT’’ and inserting ‘‘NUM- (2) that considers if changes are necessary 902(a)),’’.
BER, APPOINTMENT, AND ROLE’’; to encourage Federal entities to access funds (d) TECHNICAL AND CONFORMING AMEND-
(ii) in subclause (I), by inserting before the in the Spectrum Relocation Fund for the MENTS.—
period at the end the following: ‘‘, including purpose described in paragraph (1), and (1) COMMUNICATIONS ACT OF 1934.—Section
to focus on how the plans and timelines of whether the National Telecommunications 344(d)(2) of the Communications Act of 1934
the Federal entity for using funds received and Information Administration should be (as added by section 60602(a) of the Infra-
from the Spectrum Relocation Fund impact able to access funds in the Spectrum Reloca- structure Investment and Jobs Act (Public
the balances of the Spectrum Relocation tion Fund for research and development, to Law 117–58)) is amended by striking ‘‘Assist-
Fund’’; lead spectrum studies, and to provide over- ant Secretary’’ and inserting ‘‘Under Sec-
(iii) in subclause (II), by inserting before sight of SRF-funded activities. retary’’.
the period at the end the following: ‘‘, in- (f) RULE OF CONSTRUCTION.—None of the (2) NATIONAL TELECOMMUNICATIONS AND IN-
cluding to focus on the feasibility of the amendments made by this section shall FORMATION ADMINISTRATION ORGANIZATION
steps to be taken by the Federal entity to re- apply to the relocation of Federal entities in ACT.—The National Telecommunications and
locate its spectrum use or to transition to connection with the auction required under Information Administration Organization
shared spectrum use’’; and section 1004 of the Spectrum Pipeline Act of Act (47 U.S.C. 901 et seq.) is amended by
(iv) in subclause (III), by inserting before 2015 (Public Law 114–74; 129 Stat. 621; 47 striking ‘‘Assistant Secretary’’ each place
the period at the end the following: ‘‘, in- U.S.C. 921 note) or the auction required the term appears and inserting ‘‘Under Sec-
cluding to focus on the level of demand for under section 90008(b) of the Infrastructure retary’’.
the eligible frequencies to be auctioned’’; Investment and Jobs Act (Public Law 117–58; (3) HOMELAND SECURITY ACT OF 2002.—Sec-
and 135 Stat. 1348; 47 U.S.C. 921 note), as amended tion 1805(d)(2) of the Homeland Security Act
(B) by adding at the end the following: by this division. of 2002 (6 U.S.C. 575(d)(2)) is amended by
‘‘(F) CRITERIA AND TRANSPARENCY.— TITLE X—NTIA REAUTHORIZATION striking ‘‘Assistant Secretary for Commu-
rfrederick on DSKB3L4F33PROD with SENATE
‘‘(i) IN GENERAL.—Not later than June 30, SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. nications and Information of the Department
2023, the NTIA shall, after public notice and Section 151 of the National Telecommuni- of Commerce’’ and inserting ‘‘Under Sec-
comment and subject to approval by the Di- cations and Information Administration Or- retary of Commerce for Communications and
rector of OMB, in coordination with the ganization Act is amended— Information’’.
Chair of the Commission, develop a frame- (1) by striking ‘‘1992 and’’ and inserting (4) AGRICULTURE IMPROVEMENT ACT OF
work by which the Technical Panel shall ‘‘1992,’’; and 2018.—Section 6212 of the Agriculture Im-
evaluate the sufficiency of the plan of a Fed- (2) by inserting ‘‘and $62,000,000 for fiscal provement Act of 2018 (7 U.S.C. 950bb–6) is
eral entity and the reasonableness of the year 2023,’’ after ‘‘1993,’’. amended—
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9673
(A) in subsection (d)(1), in the heading, by U.S.C. 1305) is amended by striking ‘‘Assist- (i) in section 60102—
striking ‘‘ASSISTANT SECRETARY’’ and insert- ant Secretary’’ each place the term appears (I) in subsection (a)(2)(A), by striking ‘‘AS-
ing ‘‘UNDER SECRETARY’’; and and inserting ‘‘Under Secretary’’. SISTANT SECRETARY’’ and inserting ‘‘UNDER
(B) by striking ‘‘Assistant Secretary’’ each (15) MIDDLE CLASS TAX RELIEF AND JOB CRE- SECRETARY’’;
place the term appears and inserting ‘‘Under ATION ACT OF 2012.—Title VI of the Middle (II) in subsection (d)(1), by striking ‘‘AS-
Secretary’’. Class Tax Relief and Job Creation Act of 2012 SISTANT SECRETARY’’ and inserting ‘‘UNDER
(5) REAL ID ACT OF 2005.—Section 303 of the (47 U.S.C. 1401 et seq.) is amended— SECRETARY’’; and
REAL ID Act of 2005 (8 U.S.C. 1721 note; Pub- (A) in section 6001 (47 U.S.C. 1401)— (III) in subsection (h)—
lic Law 109–13) is repealed. (i) by striking paragraph (4); (aa) in paragraph (1)(B), by striking ‘‘AS-
(6) BROADBAND DATA IMPROVEMENT ACT.— (ii) by redesignating paragraphs (5) SISTANT SECRETARY’’ and inserting ‘‘UNDER
Section 214 of the Broadband Data Improve- through (31) as paragraphs (4) through (30), SECRETARY’’; and
ment Act (15 U.S.C. 6554) is amended— respectively; and (bb) in paragraph (5)(B)(iii), by striking
(A) in subsection (a), in the matter pre- (iii) by inserting after paragraph (30), as so ‘‘ASSISTANT SECRETARY’’ and inserting
ceding paragraph (1), by striking ‘‘Assistant redesignated, the following: ‘‘UNDER SECRETARY’’;
Secretary’’ and inserting ‘‘Under Secretary’’; ‘‘(31) UNDER SECRETARY.—The term ‘Under (ii) in title III—
(B) by striking subsection (b); and Secretary’ means the Under Secretary of (I) in section 60302(5), by striking ‘‘ASSIST-
(C) by redesignating subsection (c) as sub- Commerce for Communications and Informa- ANT SECRETARY’’ and inserting ‘‘UNDER SEC-
section (b). tion.’’; RETARY’’; and
(7) ELECTRONIC SIGNATURES IN GLOBAL AND (B) in subtitle D (47 U.S.C. 1451 et seq.)— (II) in section 60305(d)(2)(B)(ii), by striking
NATIONAL COMMERCE ACT.—Section 103(c) of (i) in section 6406 (47 U.S.C. 1453)— ‘‘ASSISTANT SECRETARY’’ and inserting
the Electronic Signatures in Global and Na- (I) by striking subsections (b) and (c); and ‘‘ UNDER SECRETARY’’;
tional Commerce Act (15 U.S.C. 7003(c)) is (II) by inserting after subsection (a) the (iii) in section 60401(a)(2), by striking ‘‘AS-
amended— following: SISTANT SECRETARY’’ and inserting ‘‘UNDER
(A) by striking ‘‘EXCEPTIONS’’ and all that ‘‘(b) DEFINITION.—In this section, the term SECRETARY’’; and
follows through ‘‘DETERMINATIONS.—If’’ and ‘5350-5470 MHz band’ means the portion of the (iv) by striking ‘‘Assistant Secretary’’ each
inserting ‘‘EXCEPTIONS.—If’’; and electromagnetic spectrum between the fre- place the term appears and inserting ‘‘Under
(B) by striking ‘‘such exceptions’’ and in- quencies from 5350 megahertz to 5470 mega-
Secretary’’;
serting ‘‘of the exceptions in subsections (a) hertz.’’; and
(C) in section 90008(b)(3), by striking ‘‘As-
and (b)’’. (ii) by striking section 6408; and
sistant Secretary’’ and inserting ‘‘Under Sec-
(8) TITLE 17, UNITED STATES CODE.—Section (C) by striking ‘‘Assistant Secretary’’ each
retary’’; and
1201 of title 17, United States Code, is amend- place the term appears and inserting ‘‘Under
(D) in division J, in title I, in the matter
ed— Secretary’’.
under the heading ‘‘distance learning, tele-
(A) in subsection (a)(1)(C), in the matter (16) RAY BAUM’S ACT OF 2018.—The RAY
medicine, and broadband program’’ under the
preceding clause (i), by striking ‘‘Assistant BAUM’S Act of 2018 (division P of Public
Law 115–141; 132 Stat. 348) is amended by heading ‘‘Rural Utilities Service’’ under the
Secretary for Communications and Informa- heading ‘‘RURAL DEVELOPMENT PRO-
tion of the Department of Commerce’’ and striking ‘‘Assistant Secretary’’ each place
the term appears and inserting ‘‘Under Sec- GRAMS’’, by striking ‘‘Assistant Secretary’’
inserting ‘‘Under Secretary of Commerce for
retary’’. and inserting ‘‘Under Secretary’’.
Communications and Information’’; and
(B) in subsection (g), by striking paragraph (17) SECURE AND TRUSTED COMMUNICATIONS (e) CONTINUATION IN OFFICE.—The indi-
(5). NETWORKS ACT OF 2019.—Section 8 of the Se- vidual serving as the Assistant Secretary of
(9) UNLOCKING CONSUMER CHOICE AND WIRE- cure and Trusted Communications Networks Commerce for Communications and Informa-
LESS COMPETITION ACT.—Section 2(b) of the Act of 2019 (47 U.S.C. 1607) is amended— tion and the individual serving as the Dep-
Unlocking Consumer Choice and Wireless (A) in subsection (c)(1), in the heading, by uty Assistant Secretary of Commerce for
Competition Act (17 U.S.C. 1201 note; Public striking ‘‘ASSISTANT SECRETARY’’ and insert- Communications and Information on the day
Law 113–144) is amended by striking ‘‘Assist- ing ‘‘UNDER SECRETARY’’; and before the date of the enactment of this Act
ant Secretary for Communications and Infor- (B) by striking ‘‘Assistant Secretary’’ each may serve as the Under Secretary of Com-
mation of the Department of Commerce’’ and place the term appears and inserting ‘‘Under merce for Communications and Information
inserting ‘‘Under Secretary of Commerce for Secretary’’. and the Deputy Under Secretary of Com-
Communications and Information’’. (18) TITLE 51, UNITED STATES CODE.—Section merce for Communications and Information,
(10) IMPLEMENTING RECOMMENDATIONS OF 50112(3) of title 51, United States Code, is respectively, on and after that date without
THE 9/11 COMMISSION ACT OF 2007.—Section amended, in the matter preceding subpara- the need for renomination or reappointment.
2201(d) of the Implementing Recommenda- graph (A), by striking ‘‘Assistant Secretary’’ (f) REFERENCES.—Any reference in any
tions of the 9/11 Commission Act of 2007 (42 each place the term appears and inserting other Federal law, Executive order, rule, reg-
U.S.C. 247d–3a note; Public Law 110–53) is re- ‘‘Under Secretary’’. ulation, or delegation of authority, or any
pealed. (19) CONSOLIDATED APPROPRIATIONS ACT, document of or pertaining to the Assistant
(11) COMMUNICATIONS SATELLITE ACT OF 2021.—The Consolidated Appropriations Act, Secretary of Commerce for Communications
1962.—Section 625(a)(1) of the Communica- 2021 (Public Law 116–260) is amended— and Information is deemed to refer to the
tions Satellite Act of 1962 (47 U.S.C. (A) in title IX of division N— Under Secretary of Commerce for Commu-
763d(a)(1)) is amended, in the matter pre- (i) in section 902(a)(2), in the heading, by nications and Information.
ceding subparagraph (A), by striking ‘‘As- striking ‘‘ASSISTANT SECRETARY’’ and insert- (g) SAVINGS PROVISIONS.—
sistant Secretary’’ and inserting ‘‘Under Sec- ing ‘‘UNDER SECRETARY’’; (1) LEGAL DOCUMENTS.—All orders, deter-
retary of Commerce’’. (ii) in section 905— minations, rules, regulations, permits,
(12) SPECTRUM PIPELINE ACT OF 2015.—The (I) in subsection (a)(1), in the heading, by grants, loans, contracts, agreements, certifi-
Spectrum Pipeline Act of 2015 (47 U.S.C. 921 striking ‘‘ASSISTANT SECRETARY’’ and insert- cates, licenses, and privileges—
note; title X of Public Law 114–74) is amend- ing ‘‘UNDER SECRETARY’’; (A) that have been issued, made, granted,
ed— (II) in subsection (c)(3)(B), in the heading, or allowed to become effective by the Assist-
(A) in section 1002(1), in the heading, by by striking ‘‘ASSISTANT SECRETARY’’ and in- ant Secretary of Commerce for Communica-
striking ‘‘ASSISTANT SECRETARY’’ and insert- serting ‘‘UNDER SECRETARY’’; and tions and Information, any officer or em-
ing ‘‘UNDER SECRETARY’’; and (III) in subsection (d)(2)(B), in the heading, ployee of the National Telecommunications
(B) by striking ‘‘Assistant Secretary’’ each by striking ‘‘ASSISTANT SECRETARY’’ and in- and Information Administration, or any
place the term appears and inserting ‘‘Under serting ‘‘UNDER SECRETARY’’; and other Government official, or by a court of
Secretary’’. (iii) by striking ‘‘Assistant Secretary’’ competent jurisdiction; and
(13) WARNING, ALERT, AND RESPONSE NET- each place the term appears and inserting (B) that are in effect on the date of the en-
WORK ACT.—Section 606 of the Warning, ‘‘Under Secretary’’; and actment of this Act (or become effective
Alert, and Response Network Act (47 U.S.C. (B) in title IX of division FF— after such date pursuant to their terms as in
1205) is amended— (i) in section 903(g)(2), in the heading, by effect on such date),
(A) in subsection (b), in the first sentence, striking ‘‘ASSISTANT SECRETARY’’ and insert- shall continue in effect according to their
by striking ‘‘Assistant Secretary of Com- ing ‘‘UNDER SECRETARY’’; and terms until modified, terminated, super-
merce for7Communications and Informa- (ii) by striking ‘‘Assistant Secretary’’ each seded, set aside, or revoked in accordance
tion’’ and inserting ‘‘Under Secretary of place the term appears and inserting ‘‘Under with law by the President, any other author-
rfrederick on DSKB3L4F33PROD with SENATE
Commerce for Communications and Informa- Secretary’’. ized official, a court of competent jurisdic-
tion’’; and (20) INFRASTRUCTURE INVESTMENT AND JOBS tion, or operation of law.
(B) by striking ‘‘Assistant Secretary’’ each ACT.—The Infrastructure Investment and (2) NONABATEMENT OF ACTIONS.—No suit,
place the term appears and inserting ‘‘Under Jobs Act (Public Law 117–58) is amended— action, or other proceeding commenced by or
Secretary’’. (A) in section 27003, by striking ‘‘Assistant against the Assistant Secretary of Com-
(14) AMERICAN RECOVERY AND REINVESTMENT Secretary’’ each place the term appears and merce for Communications and Information
ACT OF 2009.—Section 6001 of the American inserting ‘‘Under Secretary’’; shall abate by reason of the enactment of
Recovery and Reinvestment Act of 2009 (47 (B) in division F— this title.
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S9674 CONGRESSIONAL RECORD — SENATE December 20, 2022
(3) PROCEEDINGS.—This title shall not af- (B) has a mission that is aligned with ad- described in subsection (c), provided that not
fect any proceedings or any application for vancing digital equity; more than 6 percent of the amounts used to
any benefits, service, license, permit, certifi- (C) has relevant experience and expertise establish the program may be used for sal-
cate, or financial assistance pending on the supporting eligible community anchor insti- ary, expenses, administration, and oversight
date of the enactment of this Act before the tutions to engage in the planning for the ex- with respect to the program.
National Telecommunications and Informa- pansion and adoption of reliable and afford- (b) AUTHORITY.—The Under Secretary may
tion Administration, but such proceedings able broadband and deployment of use funding mechanisms, including grants,
and applications shall be continued. Orders broadband, and the advancement of digital cooperative agreements, and contracts, for
shall be issued in such proceedings, appeals equity— the effective implementation of the pilot
shall be taken therefrom, and payments (i) on campus at such institutions; and program.
shall be made pursuant to such orders, as if (ii) to low-income residents in eligible (c) PURPOSES.—Funding made available
this title had not been enacted, and orders communities with respect to those institu- under the program shall enable an eligible
issued in any such proceeding shall continue tions; and applicant to work with an eligible commu-
in effect until modified, terminated, super- (D) employs staff with expertise in the de- nity anchor institution, and each eligible
seded, or revoked by a duly authorized offi- velopment of broadband plans, the construc- community with respect to the eligible com-
cial, by a court of competent jurisdiction, or tion of internet infrastructure, or the design munity anchor institution, to develop a local
by operation of law. Nothing in this para- and delivery of digital equity programs, in- broadband plan to—
graph shall be considered to prohibit the dis- cluding through the use of contractors and (1) identify barriers to broadband deploy-
continuance or modification of any such pro- consultants, except that the employment of ment and adoption in order to expand the
ceeding under the same terms and conditions such staff does not rely solely on outsourced availability and adoption of broadband at
and to the same extent that such proceeding contracts. the eligible community anchor institution
could have been discontinued or modified if (5) ELIGIBLE COMMUNITY.—The term ‘‘eligi- and within each such eligible community;
this title had not been enacted. ble community’’ means a community that— (2) advance digital equity at the eligible
(4) SUITS.—This title shall not affect suits (A) is located— community anchor institution and within
commenced before the date of the enactment (i) within a census tract any portion of each such eligible community; and
of this Act, and in all such suits, proceeding which is not more than 15 miles from an eli- (3) help each such eligible community to
shall be had, appeals taken, and judgments gible community anchor institution; and prepare applications for funding from mul-
rendered in the same manner and with the (ii) with respect to a Tribal College or Uni- tiple sources, including from—
same effect as if this title had not been en- versity located on land held in trust by the (A) the various programs authorized under
acted. United States— the Infrastructure Investment and Jobs Act
(I) not more than 15 miles from the Tribal (Public Law 117–58; 135 Stat. 429); and
TITLE XI—MINORITY SERVING
College or University; or (B) other Federal, State, and Tribal
INSTITUTIONS PROGRAM
(II) within a maximum distance estab- sources of funding for broadband deploy-
SEC. 1101. DEFINITIONS. lished by the Under Secretary, in consulta- ment, affordable broadband internet service,
In this title: tion with the Secretary of the Interior, to or digital equity.
(1) BROADBAND.—The term ‘‘broadband’’ ensure that the area is statistically com- (d) CONTENTS OF LOCAL BROADBAND PLAN.—
means broadband— parable to other areas described in clause (i); A local broadband plan shall—
(A) having— and (1) be developed in coordination with
(i) a speed of not less than— (B) has an estimated median annual house- stakeholder representatives; and
(I) 100 megabits per second for downloads; hold income of not more than 250 percent of (2) with respect to support for infrastruc-
and the poverty line, as defined in section 673 of ture funding—
(II) 20 megabits per second for uploads; and the Community Services Block Grant Act (42 (A) reflect an approach that is perform-
(ii) a latency sufficient to support reason- U.S.C. 9902). ance-based and does not favor any particular
ably foreseeable, real-time, interactive ap- (6) ELIGIBLE COMMUNITY ANCHOR INSTITU- technology, provider, or type of provider;
plications; and TION.—The term ‘‘eligible community anchor and
(B) with respect to an eligible community, institution’’ means a historically Black col- (B) include—
offered with a low-cost option that is afford- lege or university, a Tribal College or Uni- (i) a description of the demographic profile
able to low- and middle-income residents of versity, or a Minority-serving institution. of each applicable eligible community;
the eligible community, including through (7) ELIGIBLE ENTITY.—The term ‘‘eligible (ii) an assessment of the needs of each ap-
the Affordable Connectivity Program estab- entity’’ has the meaning given such term in plicable eligible community, including with
lished under section 904(b) of division N of section 60102 of the Infrastructure Invest- respect to digital literacy, workforce devel-
the Consolidated Appropriations Act, 2021 (47 ment and Jobs Act (47 U.S.C. 1702). opment, and device access needs;
U.S.C. 1752(b)) or any successor program, and (8) HISTORICALLY BLACK COLLEGE OR UNI- (iii) a summary of current (as of the date
a low-cost program available through a pro- VERSITY; TRIBAL COLLEGE OR UNIVERSITY; MI- of the most current data published by the
vider. NORITY-SERVING INSTITUTION.—The terms Federal Communications Commission) serv-
(2) COVERED PLANNING GRANT.—The term ‘‘historically Black college or university’’, ice providers operating in each applicable el-
‘‘covered planning grant’’ means funding ‘‘Tribal College or University’’, and ‘‘Minor- igible community and the broadband offer-
made available to an eligible applicant for ity-serving institution’’ have the meanings ings and related services in each applicable
the purpose of developing or carrying out a given those terms in section 902(a) of title IX eligible community;
local broadband plan from— of division N of the Consolidated Appropria- (iv) an estimate of capital and operational
(A) an administering entity through a tions Act, 2021 (47 U.S.C. 1306(a)), and include expenditures for the course of action rec-
subgrant under section 60304(c)(3)(E) of the an established fiduciary of such educational ommended in the local broadband plan;
Infrastructure Investment and Jobs Act (47 institution, such as an affiliated foundation, (v) a preliminary implementation schedule
U.S.C. 1723); or or a district or State system affiliated with for the deployment of broadband required
(B) an eligible entity— such educational institution. under the local broadband plan; and
(i) carrying out pre-deployment planning (9) IMPROPER PAYMENTS.—The term ‘‘im- (vi) a summary of the potential employ-
activities under subparagraph (A) of section proper payments’’ has the meaning given the ment, development, and revenue creation op-
60102(d)(2) of the Infrastructure Investment term in section 3351 of title 31, United States portunities for the eligible community an-
and Jobs Act (47 U.S.C. 1702(d)(2)) or carrying Code. chor institution and each applicable eligible
out the administration of the grant under (10) LOCAL BROADBAND PLAN.—The term community.
subparagraph (B) of such Act; or ‘‘local broadband plan’’ means a plan devel- (e) APPLICATION.—
(ii) carrying out planning activities under oped pursuant to section 1102(c). (1) IN GENERAL.—To be eligible to receive
section 60102(e)(1)(C)(iii) of the Infrastruc- (11) PROGRAM.—The term ‘‘program’’ funding under the program, an eligible appli-
ture Investment and Jobs Act (47 U.S.C. means the pilot program established under cant shall submit to the Under Secretary,
1702(e)(1)(C)(iii)). section 1102(a). acting through the head of the Office of Mi-
(3) DIGITAL EQUITY.—The term ‘‘digital eq- (12) UNDER SECRETARY.—The term ‘‘Under nority Broadband Initiatives, an application
uity’’ has the meaning given the term in sec- Secretary’’ means the Under Secretary of containing—
tion 60302 of the Infrastructure Investment Commerce for Communications and Informa- (A) the name and mailing address of the el-
and Jobs Act (47 U.S.C. 1721). tion. igible applicant;
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(4) ELIGIBLE APPLICANT.—The term ‘‘eligi- SEC. 1102. PROGRAM. (B) the name and email address of the
ble applicant’’ means an organization that (a) ESTABLISHMENT.—The Under Secretary, point of contact for the eligible applicant;
does not receive a covered planning grant acting through the head of the Office of Mi- (C) documentation providing evidence that
and— nority Broadband Initiatives, shall use the the applicant is an eligible applicant;
(A) is described in section 501(c)(3) of the amounts made available under section 602(e) (D) a summary description of the proposed
Internal Revenue Code of 1986 and is exempt of this division to establish within the Na- approach that the eligible applicant will
from taxation under section 501(a) of that tional Telecommunications and Information take to expand the availability and adoption
Code; Administration a program for the purposes of broadband;
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9675
(E) an outline or sample of the proposed (A) establish short-term and long-term TITLE XII—IMPACT ACT
local broadband plan with respect to the goals for eligible applicants that receive SEC. 1201. SHORT TITLE.
funds; funds under the program; This title may be cited as the ‘‘Improving
(F) a draft proposal for carrying out the (B) establish performance metrics by Minority Participation And Careers in Tele-
local broadband plan with respect to the which to evaluate whether an eligible entity communications Act’’ or the ‘‘IMPACT Act’’.
funds, describing with specificity how funds has met the goals described in subparagraph SEC. 1202. DEFINITIONS.
will be used; (A); and (a) DEFINITIONS.—In this title:
(G) a summary of past performance in (C) identify the selection criteria described (1) COVERED GRANT.—The term ‘‘covered
which the eligible applicant created plans in subsection (f) that the Under Secretary grant’’ means a grant awarded under section
similar to the local broadband plan for com- 1203.
will use to award funds under the program if
munities similar to each applicable eligible (2) ELIGIBLE ENTITY.—The term ‘‘eligible
demand for funds under the program exceeds
community; entity’’ means a historically Black college
the amount appropriated for carrying out
(H) a description of the approach the eligi- or university, Tribal College or University,
ble applicant will take to engage each appli- the program.
or minority-serving institution, or a consor-
cable eligible community and the applicable (i) OVERSIGHT.— tium of such entities, that forms a partner-
eligible community anchor institution and (1) AUDITS.—The Inspector General of the ship with 1 or more of the following entities
report outcomes relating to that engage- Department of Commerce (referred to in this to carry out a training program:
ment; subsection as the ‘‘Inspector General’’) shall (A) A member of the telecommunications
(I) a description of how the eligible appli- conduct an audit of the program in order industry, such as a company or industry as-
cant will meet the short term and long-term to— sociation.
goals described in subsection (h)(2)(A); and (A) ensure that eligible applicants use (B) A labor or labor-management organiza-
(J) a certification that the applicant is not funds awarded under the program in accord- tion with experience working in the tele-
a recipient of a covered planning grant. ance with— communications industry or a similar indus-
(2) DEADLINES.—The Under Secretary, act- try.
(i) the requirements of this title; and
ing through the head of the Office of Minor- (C) The Telecommunications Industry Reg-
(ii) the purposes of the program, as de-
ity Broadband Initiatives, shall publish a no- istered Apprenticeship Program.
scribed in subsection (c); and
tice for the program not later than 60 days (D) A nonprofit organization dedicated to
after the date of the enactment of this Act. (B) prevent waste, fraud, abuse, and im-
proper payments. helping individuals gain employment in the
(f) SELECTION CRITERIA.—When selecting an telecommunications industry.
eligible applicant to receive funding under (2) REVOCATION OF FUNDS.—The Under Sec-
(E) A community or technical college with
the grant program, the Under Secretary may retary shall revoke funds awarded to an eli-
experience in providing workforce develop-
give preference or priority to an eligible ap- gible applicant that is not in compliance ment for individuals seeking employment in
plicant, the application of which, if awarded, with the requirements of this section or the the telecommunications industry or a simi-
would enable a greater number of eligible purposes of the program, as described in sub- lar industry.
communities to be served. section (c). (F) A Federal agency laboratory special-
(g) REPORT.— (3) AUDIT FINDINGS.—Each finding of waste, izing in telecommunications technology that
(1) IN GENERAL.—Not later than 540 days fraud, abuse, or an improper payment by the is located within the National Telecommuni-
after the date of the enactment of this Act, Inspector General in an audit under para- cations and Information Administration.
the Under Secretary, acting through the graph (1) shall include the following: (3) GRANT PROGRAM.—The term ‘‘Grant
head of the Office of Minority Broadband Ini- (A) The name of the eligible applicant. Program’’ means the Telecommunications
tiatives, shall submit to the Committee on (B) The amount of funding made available Workforce Training Grant Program estab-
Commerce, Science, and Transportation of lished under section 1203.
under the program to the eligible applicant.
the Senate and the Committee on Energy (4) HISTORICALLY BLACK COLLEGE OR UNI-
(C) The amount of funding determined to
and Commerce of the House of Representa- VERSITY.—The term ‘‘historically Black col-
be an improper payment made to an eligible
tives a report, which the Under Secretary, lege or university’’ has the meaning given
acting through the head of the Office of Mi- applicant involved in the waste, fraud, abuse,
or improper payment. the term ‘‘part B institution’’ in section 322
nority Broadband Initiatives, shall make of the Higher Education Act of 1965 (20 U.S.C.
available to the public. (4) NOTIFICATION OF AUDIT FINDINGS.—Not
later than 7 days after the date of a finding 1061).
(2) CONTENTS.—The report described in (5) HISPANIC-SERVING INSTITUTION.—The
paragraph (1) shall include, for the period described under paragraph (3), the Inspector
term ‘‘Hispanic-serving institution’’ has the
covered by the report— General shall concurrently notify the Under
meaning given the term in section 502(a) of
(A) the number of eligible applicants that Secretary, the Committee on Commerce,
the Higher Education Act of 1965 (20 U.S.C.
submitted applications under the grant pro- Science, and Transportation of the Senate, 1101a(a)).
gram; and the Committee on Energy and Commerce (6) IMPROPER PAYMENT.—The term ‘‘im-
(B) the number of eligible applicants that of the House of Representatives of the infor- proper payment’’ has the meaning given such
received funding under the program; mation described in that paragraph. term in section 2(d) of the Improper Pay-
(C) a summary of the funding amounts (5) FRAUD RISK MANAGEMENT.—In issuing ments Information Act of 2002 (31 U.S.C. 3321
made available to eligible applicants under rules under this subsection, the Under Sec- note).
the program and the list of eligible commu- retary shall— (7) INDUSTRY FIELD ACTIVITIES.—The term
nity anchor institutions the eligible appli- (A) designate an entity within the program ‘‘industry field activities’’ means activities
cants propose to serve; office to lead fraud risk management activi- at active telecommunications, cable, and
(D) the number of eligible communities ties; broadband network worksites, such as tow-
that ultimately received funding or financ- (B) ensure the entity designated under sub- ers, construction sites, and network manage-
ing to promote broadband adoption and to paragraph (A) has defined responsibilities ment hubs.
deploy broadband in the eligible community and the necessary authority to serve its role; (8) INDUSTRY PARTNER.—The term ‘‘indus-
under the program; (C) conduct risk-based monitoring and try partner’’ means an entity described in
(E) information determined necessary by evaluation of fraud risk management activi- subparagraphs (A) through (F) of paragraph
the Under Secretary to measure progress to- ties with a focus on outcome measurement; (2) with which an eligible entity forms a
ward the goals described in subsection partnership to carry out a training program.
(D) collect and analyze data from reporting
(h)(2)(A) and assess whether the goals de- (9) MINORITY-SERVING INSTITUTION.—The
mechanisms and instances of detected fraud
scribed in such subsection are being met; and term ‘‘minority-serving institution’’ means
for real-time monitoring of fraud trends;
(F) an identification of each eligible appli- an institution described in section 371(a) of
(E) use the results of the monitoring, eval-
cant that received funds through the Pro- the Higher Education Act of 1965 (20 U.S.C.
uations, and investigations to improve fraud
gram and a description of the progress each 1067q(a)).
eligible applicant has made toward accom- prevention, detection, and response; (10) TRAINING PROGRAM.—The term ‘‘train-
plishing the purpose of the Program, as de- (F) plan regular fraud risk assessments and ing program’’ means a credit or non-credit
scribed in subsection (c). assess risks to determine a fraud risk profile; program developed by an eligible entity, in
(h) PUBLIC NOTICE; REQUIREMENTS.— (G) develop, document, and communicate partnership with an industry partner, that—
(1) PUBLIC NOTICE.—Not later than 90 days an anti-fraud strategy, focusing on preventa- (A) is designed to educate and train stu-
after the date on which the Under Secretary tive control activities; dents to participate in the telecommuni-
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provides public notice of the program, the (H) consider the benefits and costs of con- cations workforce; and
Under Secretary, in consultation with the trols to prevent and detect potential fraud, (B) includes a curriculum and apprentice-
head of the Office of Minority Broadband Ini- and develop a fraud response plan; and ship or internship opportunities that can
tiatives, shall issue the Notice of Funding (I) establish collaborative relationships also be paired with—
Opportunity governing the program. with stakeholders and create incentives to (i) a degree program; or
(2) REQUIREMENTS.—In the notice required help ensure effective implementation of the (ii) stacked credentialing toward a degree.
under paragraph (1), the Under Secretary anti-fraud strategy described in subpara- (11) TRIBAL COLLEGE OR UNIVERSITY.—The
shall— graph (G). term ‘‘Tribal College or University’’ has the
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S9676 CONGRESSIONAL RECORD — SENATE December 20, 2022
meaning given the term in section 316(b)(3) (1) DEADLINE.—Not later than 2 years after (6) provides information determined nec-
of the Higher Education Act of 1965 (20 U.S.C. the date on which amounts are made avail- essary by Under Secretary to—
1059c(b)(3)). able, the Under Secretary shall award all (A) measure progress toward the goals es-
(12) UNDER SECRETARY.—The term ‘‘Under covered grants. tablished under subsection (e)(2)(A); and
Secretary’’ means the Under Secretary of (2) MINIMUM ALLOCATION TO CERTAIN ENTI- (B) assess whether the goals are being met.
Commerce for Communications and Informa- TIES.—The Under Secretary shall award not (h) OVERSIGHT.—
tion. less than— (1) AUDITS.—The Inspector General of the
SEC. 1203. PROGRAM. (A) 20 percent of covered grant amounts to Department of Commerce shall audit the
(a) PROGRAM.—The Under Secretary, acting historically Black colleges or universities; Grant Program in order to—
(B) 20 percent of covered grant amounts to (A) ensure that eligible entities use cov-
through the Office of Minority Broadband
Tribal Colleges or Universities; and ered grant amounts in accordance with—
Initiatives established under section 902(b)(1)
(C) 20 percent of covered grant amounts to (i) the requirements of this section; and
of division N of the Consolidated Appropria-
Hispanic-serving institutions. (ii) the overall purpose of the Grant Pro-
tions Act, 2021 (Public Law 116–260), shall es-
(3) EVALUATION CRITERIA.—As part of the gram described in subsection (c); and
tablish a program, to be known as the ‘‘Tele-
final rules issued under subsection (e), the (B) prevent waste, fraud, abuse, and im-
communications Workforce Training Grant
Under Secretary shall develop criteria for proper payments in the operation of the
Program’’, under which the Under Secretary
evaluating applications for covered grants. Grant Program.
awards grants to eligible entities to develop
(4) COORDINATION.—The Under Secretary (2) REVOCATION OF FUNDS.—The Under Sec-
training programs. retary shall revoke a grant awarded to an el-
shall ensure that grant amounts awarded
(b) APPLICATION.— igible entity that is not in compliance with
under paragraph (2) are coordinated with
(1) IN GENERAL.—An eligible entity desiring the requirements of this section or the over-
grant amounts provided under section 902 of
a covered grant shall submit an application all purpose of the Grant Program described
division N of the Consolidated Appropria-
to the Under Secretary at such time, in such in subsection (c).
tions Act, 2021 (Public Law 116–260).
manner, and containing such information as (3) AUDIT FINDINGS.—Any finding of waste,
(5) CONSTRUCTION.—In awarding grants
the Under Secretary may require. fraud, abuse, or an improper payment by the
under this section for education relating to
(2) CONTENTS.—An eligible entity shall in- Inspector General under paragraph (1) shall
construction, the Under Secretary may
clude in an application under paragraph (1)— identify he following:
prioritize applications that partner with reg-
(A) a commitment from the industry part- (A) any entity in the eligible entity.
istered apprenticeship programs, industry-
ner of the eligible entity to collaborate with (B) the amount of funding made available
led apprenticeship programs , pre-appren-
the eligible entity to develop a training pro- from the grant program to the eligible enti-
ticeship programs, other work-based learn-
gram, including curricula and internships or ty.
ing opportunities, or public two-year com-
apprenticeships; (C) the amount of funding determined to be
munity or technical colleges that have a
(B) a description of how the eligible entity an improper payment to an eligible entity.
written agreement with one or more reg-
plans to use the covered grant, including the (4) NOTIFICATION OF AUDIT FINDINGS.—Not
istered apprenticeship programs, industry-
type of training program the eligible entity later than 7 days after making a finding
led apprenticeship programs, pre-apprentice-
plans to develop; under paragraph (1), the Inspector General
ship programs, or other work-based learning
(C) a plan for recruitment of students and shall concurrently notify the Under Sec-
opportunities.
potential students to participate in the (e) RULES.— retary, the Committee on Energy and Com-
training program; (1) ISSUANCE.—Not later than 180 days after merce in the House of Representatives, and
(D) a plan to increase female student par- the date of the enactment of this Act, after the Committee on Commerce, Science, and
ticipation in the training program of the eli- providing public notice and an opportunity Transportation in the Senate of such finding
gible entity; to comment, the Under Secretary, in con- with any information identified under para-
(E) a description of potential jobs to be se- sultation with the Secretary of Labor and graph (3).
cured through the training program, includ- the Secretary of Education, shall issue final (5) FRAUD RISK MANAGEMENT.—The Under
ing jobs in the communities surrounding the rules governing the Grant Program. Secretary shall—
eligible entity; and (2) CONTENT OF RULES.—In the rules re- (A) designate an entity within the program
(F) a description of how the eligible entity quired by this subsection, the Under Sec- office to lead fraud risk management activi-
will meet the short-term and long-term goals retary shall— ties;
described in subsection (e)(1) and perform- (A) establish short term and long-term (B) ensure the entity designated under sub-
ance metrics described in such subsection. goals for eligible entities that receive a cov- paragraph (A) has defined responsibilities
(c) USE OF FUNDS.—An eligible entity may ered grant; and the necessary authority to serve its role;
use a covered grant, with respect to the (B) establish performance metrics that (C) conduct risk-based monitoring and
training program of the eligible entity, to— demonstrate whether the goals described in evaluation of fraud risk management activi-
(1) hire faculty members to teach courses paragraph (1) have been met by an eligible ties with a focus on outcome measurement;
in the training program; entity; and (D) collect and analyze data from reporting
(2) train faculty members to prepare stu- (C) identify the steps the Under Secretary mechanisms and instances of detected fraud
dents for employment in jobs related to the will take to award covered grants through for real-time monitoring of fraud trends;
deployment of next-generation wired and the grant program in the event the demand (E) use the results of the monitoring, eval-
wireless communications networks, includ- for covered grants exceed the amount appro- uations, and investigations to improve fraud
ing 5G networks, hybrid fiber-coaxial net- priated for carrying out the grant program. prevention, detection, and response;
works, and fiber infrastructure, particularly (f) TERM.—The Under Secretary shall es- (F) plan regular fraud risk assessments and
in— tablish the term of a covered grant, which assess risks to determine a fraud risk profile;
(A) broadband and wireless network engi- may not be less than 5 years. (G) develop, document, and communicate
neering; (g) GRANTEE REPORTS.—During the term of an antifraud strategy, focusing on preventa-
(B) network deployment and maintenance; a covered grant received by an eligible enti- tive control activities;
and ty, the eligible entity shall submit to the (H) consider the benefits and costs of con-
(C) industry field activities. Under Secretary a semiannual report that, trols to prevent and detect potential fraud,
(3) design and develop curricula and other with respect to the preceding 6-month pe- and develop a fraud response plan; and
components necessary for degrees, courses, riod— (I) establish collaborative relationships
or programs of study, including certificate (1) describes how the eligible entity used with stakeholders and create incentives to
programs and credentialing programs, that the covered grant amounts; help ensure effective implementation of the
comprise the training program; (2) describes the progress the eligible enti- antifraud strategy.
(4) pay for costs associated with instruc- ty made in developing and executing the (i) ANNUAL REPORT TO CONGRESS.—Each
tion under the training program, including training program of the eligible entity; year, until all covered grants have expired,
the costs of equipment, telecommunications (3) describes the number of faculty and stu- the Under Secretary shall submit to Con-
training towers, laboratory space, classroom dents participating in the training program gress a report that—
space, and instructional field activities; of the eligible entity; (1) identifies each eligible entity that re-
(5) fund scholarships, student internships, (4) describes the partnership with the in- ceived a covered grant and the amount of the
apprenticeships, and pre-apprenticeship op- dustry partner of the eligible entity, includ- covered grant;
portunities in the areas described in para- ing— (2) describes the progress each eligible en-
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graph (2); (A) the commitments and in-kind contribu- tity described in paragraph (1) has made to-
(6) recruit students for the training pro- tions made by the industry partner; and ward accomplishing the overall purpose of
gram; and (B) the role of the industry partner in cur- the Grant Program described in subsection
(7) support the enrollment in the training riculum development, the degree program, (c);
program of individuals working in the tele- and internships and apprenticeships; (3) summarizes the job placement status or
communications industry in order to ad- (5) includes data on internship, apprentice- apprenticeship opportunities of students who
vance professionally in the industry. ship, and employment opportunities and have participated in the training program of
(d) GRANT AWARDS.— placements; and the eligible entity;
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9677
(4) includes the findings of any audits con- or any management plan for the Butterfield ‘‘(2) TREATMENT.—
ducted by the Inspector General of the De- Overland National Historic Trail shall pro- ‘‘(A) IN GENERAL.—A National Heritage
partment of Commerce under subsection hibit, hinder, or disrupt the development, Area shall not be—
(h)(1) that were not included in the previous production, or transmission of energy. ‘‘(i) considered to be a System unit; or
report submitted under this subsection; and ‘‘(G) NO EMINENT DOMAIN OR CONDEMNA- ‘‘(ii) subject to the authorities applicable
(5) includes information on— TION.—In carrying out this paragraph, the to System units.
(A) the progress of each eligibly entity to- Secretary of the Interior may not use emi- ‘‘(B) EFFECT.—Nothing in this paragraph
wards the short-term and long-term goals es- nent domain or condemnation.’’. affects the administration of a System unit
tablished under subsection (e)(1); and located within the boundaries of a National
(B) the performance of each eligible entity SA 6587. Mr. HEINRICH (for Mr. Heritage Area.
with respect to the performance metrics de- MANCHIN) proposed an amendment to ‘‘(d) AUTHORITIES.—In carrying out this
scribed in subsection (e)(2). the bill S. 1942, to standardize the des- chapter, the Secretary may—
ignation of National Heritage Areas, ‘‘(1) conduct or review, as applicable, feasi-
SA 6586. Mr. HEINRICH (for Mr. bility studies in accordance with section
and for other purposes; as follows: 120103(a);
BOOZMAN) proposed an amendment to Strike all after the enacting clause and in- ‘‘(2) conduct an evaluation of the accom-
the bill S. 3519, to amend the National sert the following: plishments of, and submit to Congress a re-
Trails System Act to designate the SECTION 1. SHORT TITLE. port that includes recommendations regard-
Butterfield Overland National Historic This Act may be cited as the ‘‘National ing the role of the Service with respect to,
Trail, and for other purposes; as fol- Heritage Area Act’’. each National Heritage Area, in accordance
lows: SEC. 2. NATIONAL HERITAGE AREA SYSTEM. with section 120104;
Strike all after the enacting clause and in- (a) IN GENERAL.—Subtitle I of title 54, ‘‘(3) enter into cooperative agreements
sert the following: United States Code, is amended by adding at with other Federal agencies, States, Tribal
SECTION 1. SHORT TITLE. the end the following: governments, local governments, local co-
This Act may be cited as the ‘‘Butterfield ‘‘DIVISION C—NATIONAL HERITAGE ordinating entities, and other interested in-
Overland National Historic Trail Designa- AREAS dividuals and entities to achieve the pur-
tion Act’’. poses of the National Heritage Area System;
‘‘CHAPTER 1201—NATIONAL HERITAGE
‘‘(4) provide information, promote under-
SEC. 2. DESIGNATION OF THE BUTTERFIELD AREA SYSTEM
OVERLAND NATIONAL HISTORIC standing, and encourage research regarding
‘‘Sec. National Heritage Areas, in partnership with
TRAIL.
‘‘120101. Definition of National Heritage local coordinating entities; and
Section 5(a) of the National Trails System Area.
Act (16 U.S.C. 1244(a)) is amended by adding ‘‘(5) provide national oversight, analysis,
‘‘120102. Establishment of National Heritage coordination, technical and financial assist-
at the end the following: Area System.
‘‘(31) BUTTERFIELD OVERLAND NATIONAL HIS- ance, and support to ensure consistency and
‘‘120103. National Heritage Area studies and accountability of the National Heritage Area
TORIC TRAIL.— designation.
‘‘(A) IN GENERAL.—The Butterfield Over- System.
‘‘120104. Evaluation.
land National Historic Trail, a trail of ap- ‘‘§ 120103. National Heritage Area studies and
‘‘§ 120101. Definition of National Heritage designation
proximately 3,292 miles following the route
Area
operated by the Butterfield Overland Mail ‘‘(a) STUDIES.—
Company, known as the ‘Ox-Bow Route’, to ‘‘In this chapter, the term ‘National Herit- ‘‘(1) IN GENERAL.—Subject to the avail-
transport mail and passengers between the age Area’ means a component of the Na- ability of appropriations, the Secretary may
eastern termini of St. Louis, Missouri, and tional Heritage Area System described in carry out or review a study to assess the
Memphis, Tennessee, and extending west- section 120102(b). suitability and feasibility of each proposed
ward through the States of Arkansas, Okla- ‘‘§ 120102. Establishment of National Heritage National Heritage Area for designation as a
homa, Texas, New Mexico, and Arizona, to Area System National Heritage Area.
the western terminus of San Francisco, Cali- ‘‘(a) IN GENERAL.—To recognize certain ‘‘(2) PREPARATION.—
fornia, as generally depicted on the maps areas of the United States that tell nation- ‘‘(A) IN GENERAL.—A study under para-
numbered 1 through 15, entitled ‘Study ally significant stories and to conserve, en- graph (1) may be carried out—
Route Maps’, and contained in the report hance, and interpret those nationally signifi- ‘‘(i) by the Secretary, in consultation with
prepared by the National Park Service enti- cant stories and the natural, historic, scenic, State and local historic preservation offi-
tled ‘Butterfield Overland Trail National and cultural resources of areas that illus- cers, State and local historical societies,
Historical Trail Special Resource Study’ and trate significant aspects of the heritage of State and local tourism offices, and other ap-
dated May 2018. the United States, there is established a Na- propriate organizations and governmental
‘‘(B) MAPS.—The maps described in sub- tional Heritage Area System through the ad- agencies; or
paragraph (A) shall be on file and available ministration of which the Secretary may ‘‘(ii) by interested individuals or entities,
for public inspection in the appropriate of- provide technical and financial assistance to if the Secretary certifies that the completed
fices of the National Park Service. local coordinating entities to support the es- study meets the requirements of paragraph
‘‘(C) ADMINISTRATION.—The trail estab- tablishment, development, and continuity of (3).
lished by subparagraph (A) shall be adminis- the National Heritage Areas. ‘‘(B) CERTIFICATION.—Not later than 1 year
tered by the Secretary of the Interior. ‘‘(b) NATIONAL HERITAGE AREA SYSTEM after receiving a study carried out by inter-
‘‘(D) LAND ACQUISITION.—The United States COMPONENTS.—The National Heritage Area ested individuals or entities under subpara-
shall not acquire for the trail established by System shall be composed of— graph (A)(ii), the Secretary shall review and
subparagraph (A) any land or interest in land ‘‘(1) each National Heritage Area, National certify whether the study meets the require-
outside of the exterior boundary of any fed- Heritage Corridor, National Heritage ments of paragraph (3).
erally administered area without the consent Canalway, Cultural Heritage Corridor, Na- ‘‘(3) REQUIREMENTS.—A study under para-
of the owner of the land or interest in land. tional Heritage Route, and National Herit- graph (1) shall include analysis, documenta-
‘‘(E) NO BUFFER ZONE CREATED.— age Partnership designated by Congress be- tion, and determinations on whether the pro-
‘‘(i) IN GENERAL.—Nothing in this para- fore or on the date of enactment of this posed National Heritage Area—
graph, the acquisition of land or an interest chapter; and ‘‘(A) has an assemblage of natural, his-
in land authorized by this paragraph, or any ‘‘(2) each National Heritage Area des- toric, and cultural resources that—
management plan for the Butterfield Over- ignated by Congress after the date of enact- ‘‘(i) represent distinctive aspects of the
land National Historic Trail creates a buffer ment of this chapter. heritage of the United States;
zone outside of the Butterfield Overland Na- ‘‘(c) RELATIONSHIP TO THE SYSTEM.— ‘‘(ii) are worthy of recognition, conserva-
tional Historic Trail. ‘‘(1) RELATIONSHIP TO SYSTEM UNITS.—The tion, interpretation, and continuing use; and
‘‘(ii) OUTSIDE ACTIVITIES.—The fact that an Secretary shall— ‘‘(iii) would be best managed—
activity or use on land outside the ‘‘(A) ensure, to the maximum extent prac- ‘‘(I) through partnerships among public
Butterfield Overland National Historic Trail ticable, participation and assistance by any and private entities; and
can be seen, heard, or detected from land or administrator of the System unit that is lo- ‘‘(II) by linking diverse and sometimes
an interest in land acquired for the cated near or encompassed by a National noncontiguous resources and active commu-
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Butterfield Overland National Historic Trail Heritage Area in local initiatives for the Na- nities;
shall not preclude, limit, control, regulate, tional Heritage Area to conserve and inter- ‘‘(B) reflects traditions, customs, beliefs,
or determine the conduct or management of pret resources consistent with the applicable and folklife that are a valuable part of the
the activity or use. management plan for the National Heritage story of the United States;
‘‘(F) EFFECT ON ENERGY DEVELOPMENT, PRO- Area; and ‘‘(C) provides outstanding opportunities—
DUCTION, OR TRANSMISSION.—Nothing in this ‘‘(B) work with local coordinating entities ‘‘(i) to conserve natural, historic, cultural,
paragraph, the acquisition of land or an in- to promote public enjoyment of System or scenic features; and
terest in land authorized by this paragraph, units and System-related resources. ‘‘(ii) for recreation and education;
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S9678 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(D) contains resources that— ‘‘(3) review the management structure, ‘‘DIVISION C—NATIONAL HERITAGE
‘‘(i) are important to any identified themes partnership relationships, and funding of the AREAS
of the proposed National Heritage Area; and National Heritage Area for purposes of iden- ‘‘1201. National Heritage Area Sys-
‘‘(ii) retain a degree of integrity capable of tifying the critical components for sustain- tem........................120101’’.
supporting interpretation; ability of the National Heritage Area.
SEC. 3. AUTHORIZATION OF CERTAIN NATIONAL
‘‘(E) includes a diverse group of residents, ‘‘(c) RECOMMENDATIONS.—Each report HERITAGE AREA STUDIES.
business interests, nonprofit organizations, under subsection (a)(2) shall include— (a) KAENA POINT NATIONAL HERITAGE AREA
and State and local governments that— ‘‘(1) if the report contains a recommenda- STUDY.—The Secretary of the Interior (re-
‘‘(i) are involved in the planning of the pro- tion of the Secretary that Federal funding ferred to in this section as the ‘‘Secretary’’),
posed National Heritage Area; for the applicable National Heritage Area in consultation with State of Hawaii and
‘‘(ii) have developed a conceptual financial should be continued, an analysis of— local historic preservation officers, State
plan that outlines the roles of all partici-
‘‘(A) any means by which that Federal and local historical societies, State and local
pants in the proposed National Heritage
funding may be reduced or eliminated over tourism offices, and other appropriate orga-
Area, including the Federal Government; and
time; and nizations and governmental agencies and in
‘‘(iii) have demonstrated significant sup-
‘‘(B) the appropriate time period necessary accordance with section 120103(a) of title 54,
port for the designation of the proposed Na-
to achieve the recommended reduction or United States Code, shall conduct a study to
tional Heritage Area;
elimination of Federal funding; or assess the suitability and feasibility of desig-
‘‘(F) has a potential management entity to
‘‘(2) if the report contains a recommenda- nating all or a portion of Honolulu County
work in partnership with the individuals and
tion of the Secretary that Federal funding on the island of Oahu as a National Heritage
entities described in subparagraph (E) to de-
for the applicable National Heritage Area Area, to be known as the ‘‘Kaena Point Na-
velop the proposed National Heritage Area
while encouraging State and local economic should be eliminated, a description of poten- tional Heritage Area’’.
activity; and tial impacts on conservation, interpretation, (b) GREAT DISMAL SWAMP NATIONAL HERIT-
‘‘(G) has a conceptual boundary map that and sustainability in the applicable National AGE AREA STUDY.—
is supported by the public. Heritage Area.’’. (1) IN GENERAL.—The Secretary, in con-
‘‘(4) REPORT.— (b) PRIVATE PROPERTY AND REGULATORY sultation with State and local organizations
‘‘(A) IN GENERAL.—For each study carried PROTECTIONS.— and governmental agencies, Tribal govern-
out under paragraph (1), the Secretary shall (1) IN GENERAL.—Nothing in this section ments, nonprofit organizations, and other
submit to the Committee on Energy and (including an amendment made by this sec- appropriate entities and in accordance with
Natural Resources of the Senate and the tion)— section 120103(a) of title 54, United States
Committee on Natural Resources of the (A) abridges any right of a public or pri- Code, shall conduct a study to assess the
House of Representatives a report that de- vate property owner, including the right to suitability and feasibility of designating the
scribes— refrain from participating in any plan, areas described in paragraph (2) in the States
‘‘(i) any correspondence received by the project, program, or activity conducted of Virginia and North Carolina as a National
Secretary demonstrating support for, or op- within a National Heritage Area; Heritage Area, to be known as the ‘‘Great
position to, the establishment of the Na- (B) requires any property owner to permit Dismal Swamp National Heritage Area’’.
tional Heritage Area; public access (including Federal, State, Trib- (2) DESCRIPTION OF STUDY AREA.—The areas
‘‘(ii) the findings of the study; and al government, or local government access) to be studied under paragraph (1) include—
‘‘(iii) any conclusions and recommenda- to a property; (A) the cities of Chesapeake, Norfolk,
tions of the Secretary. (C) modifies any provision of Federal, Portsmouth, and Suffolk in the State of Vir-
‘‘(B) TIMING.— State, Tribal, or local law with respect to ginia;
‘‘(i) STUDIES CARRIED OUT BY THE SEC- public access or use of private land; (B) Isle of Wight County in the State of
RETARY.—With respect to a study carried out (D)(i) alters any applicable land use regula- Virginia;
by the Secretary in accordance with para- tion, land use plan, or other regulatory au- (C) Camden, Currituck, Gates, and
graph (2)(A)(i), the Secretary shall submit a thority of any Federal, State, or local agen- Pasquotank Counties in the State of North
report under subparagraph (A) not later than cy or Tribal government; or Carolina; and
3 years after the date on which funds are (ii) conveys to any local coordinating enti- (D) any other area in the State of Virginia
first made available to carry out the study. ty any land use or other regulatory author- or North Carolina that—
‘‘(ii) STUDIES CARRIED OUT BY OTHER INTER- ity; (i) has heritage aspects that are similar to
ESTED PARTIES.—With respect to a study car- (E) authorizes or implies the reservation or the heritage aspects of an area described in
ried out by interested individuals or entities appropriation of water or water rights; subparagraph (A), (B), or (C); and
in accordance with paragraph (2)(A)(ii), the (F) diminishes the authority of a State to (ii) is adjacent to, or in the vicinity of, an
Secretary shall submit a report under sub- manage fish and wildlife, including through area described in subparagraph (A), (B), or
paragraph (A) not later than 180 days after the regulation of fishing and hunting within (C).
the date on which the Secretary certifies a National Heritage Area in the State; or (c) GUAM NATIONAL HERITAGE AREA
under paragraph (2)(B) that the study meets (G) creates or affects any liability— STUDY.—The Secretary, in consultation with
the requirements of paragraph (3). (i) under any other provision of law; or appropriate regional and local organizations
‘‘(b) DESIGNATION.—An area shall be des- (ii) of any private property owner with re- or agencies, and in accordance with section
ignated as a National Heritage Area only by 120103(a) of title 54, United States Code, shall
spect to any person injured on private prop-
an Act of Congress. conduct a study to assess the suitability and
erty.
‘‘§ 120104. Evaluation (2) CONFORMING AMENDMENT.—Section
feasibility of designating sites in Guam as a
‘‘(a) IN GENERAL.—At reasonable and ap- 8004(f) of the Omnibus Public Land Manage- National Heritage Area.
propriate intervals, as determined by the ment Act of 2009 (54 U.S.C. 320101 note; Pub- SEC. 4. NATIONAL HERITAGE AREA DESIGNA-
Secretary, the Secretary may— TIONS.
lic Law 111–11; 123 Stat. 1245) is amended by
‘‘(1) conduct an evaluation of the accom- striking paragraphs (2) through (4) and in- (a) DESIGNATIONS.—Section 6001(a) of the
plishments of a National Heritage Area in serting the following: John D. Dingell, Jr. Conservation, Manage-
accordance with subsection (b); and ‘‘(2) requires any property owner to permit ment, and Recreation Act (Public Law 116–9;
‘‘(2) prepare and submit to the Committee public access (including Federal, State, Trib- 133 Stat. 768) is amended by adding at the
on Energy and Natural Resources of the Sen- al government, or local government access) end the following:
ate and the Committee on Natural Resources to a property; ‘‘(7) ALABAMA BLACK BELT NATIONAL HERIT-
of the House of Representatives a report that AGE AREA.—
‘‘(3) modifies any provision of Federal,
includes recommendations for the continued State, Tribal, or local law with respect to ‘‘(A) IN GENERAL.—There is established the
role of the Service with respect to each Na- public access or use of private land; Alabama Black Belt National Heritage Area
tional Heritage Area in accordance with sub- ‘‘(4)(A) alters any applicable land use regu- in the State of Alabama, as depicted on the
section (c). lation, land use plan, or other regulatory au- map entitled ‘Alabama Black Belt Proposed
‘‘(b) COMPONENTS.—An evaluation under thority of any Federal, State, or local agen- National Heritage Area’, numbered 258/
subsection (a)(1) shall— cy or Tribal government; or 177,272, and dated September 2021.
‘‘(1) assess the progress of the applicable ‘‘(B) conveys to any local coordinating en- ‘‘(B) LOCAL COORDINATING ENTITY.—The
local coordinating entity of a National Her- tity any land use or other regulatory author- Center for the Study of the Black Belt at the
itage Area with respect to— ity;’’. University of West Alabama shall be the
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‘‘(A) accomplishing the purposes of the ap- local coordinating entity for the National
plicable National Heritage Area; and (c) CONFORMING AMENDMENT.—Section Heritage Area designated by subparagraph
‘‘(B) achieving the goals and objectives of 3052(a) of Public Law 113–291 (54 U.S.C. 320101 (A).
the management plan; note) is amended by striking paragraph (2). ‘‘(8) BRONZEVILLE-BLACK METROPOLIS NA-
‘‘(2) analyze Federal, State, local, Tribal (d) CLERICAL AMENDMENT.—The analysis TIONAL HERITAGE AREA, ILLINOIS.—
government, and private investments in the for subtitle I of title 54, United States Code, ‘‘(A) IN GENERAL.—There is established the
National Heritage Area to determine the le- is amended by adding at the end the fol- Bronzeville-Black Metropolis National Herit-
verage and impact of the investments; and lowing: age Area in the State of Illinois.
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