[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9630-S9709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT of AMENDMENTS

                                 ______
                                 
  SA 6553. Mr. DAINES (for himself, Mr. Risch, Mr. Crapo, and Mr. 
Tester) submitted an amendment intended to be proposed by him to the 
bill H.R. 2617, to amend section 1115 of title 31, United States Code, 
to amend the description of how performance goals are achieved, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division DD, insert the 
     following:

     SEC. 8__. CONSULTATION UNDER CERTAIN LAND AND RESOURCE 
                   MANAGEMENT PLANS AND LAND USE PLANS.

       (a) National Forest System Land and Resource Management 
     Plans.--Section 6(d) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended 
     by striking paragraph (2) and inserting the following:
       ``(2) No additional consultation required after approval of 
     land management plans.--Notwithstanding any other provision 
     of law, the Secretary shall not be required to reinitiate 
     consultation under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of 
     Federal Regulations (or a successor regulation), on a 
     completed land and resource management plan that has no on-
     the-ground effects when--
       ``(A) a new species is listed or a new critical habitat is 
     designated under that Act (16 U.S.C. 1531 et seq.); or
       ``(B) new information reveals effects of the land and 
     resource management plan that may affect a species listed or 
     critical habitat designated under that Act in a manner or to 
     an extent not previously considered.''.
       (b) Bureau of Land Management Land Use Plans.--Section 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712) is amended by adding at the end the following:
       ``(g) No Additional Consultation Required After Approval of 
     Land Use Plans.--Notwithstanding any other provision of law, 
     the Secretary shall not be required to reinitiate 
     consultation under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of 
     Federal Regulations (or a successor regulation), on a 
     completed land use plan that has no on-the-ground effects 
     when--
       ``(1) a new species is listed or a new critical habitat is 
     designated under that Act (16 U.S.C. 1531 et seq.); or
       ``(2) new information reveals effects of the land use plan 
     that may affect a species listed or critical habitat 
     designated under that Act in a manner or to an extent not 
     previously considered.''.
                                 ______
                                 
  SA 6554. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to 
amend section 1115 of title 31, United States Code, to amend the 
description of how performance goals are achieved, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1921, between lines 5 and 6, insert the following:

     SEC. 305. STANDARD OF PROOF FOR CREDIBLE FEAR OF PERSECUTION 
                   IN ASYLUM CASES.

       Section 235(b)(1)(B)(v) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended read as follows
       ``(v) Credible fear of persecution defined.--For purposes 
     of this subparagraph, the term `credible fear of persecution' 
     means that it is more probable than not, taking into account 
     the credibility of the statements made by the alien in 
     support of the alien's claim and such other facts as are 
     known to the officer, that the alien could establish 
     eligibility for asylum under section 208.''.
                                 ______
                                 
  SA 6555. Mr. JOHNSON (for himself, Mr. Braun, Mr. Daines, Ms. Lummis, 
Mr. Scott of Florida, Mr. Toomey, Ms. Ernst, Mr. Lankford, Mr. Risch, 
Mr. Grassley, Mr. Hawley, Mr. Barrasso, and Mr. Lee) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 6, after line 2, add the following:

     SEC. 7. ELIMINATION OF EARMARKS.

       (a) In General.--Notwithstanding any other provision of any 
     division of this Act--
       (1) no amounts shall be made available for a purpose 
     specified in any table relating to congressionally directed 
     spending in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), or for any congressionally directed spending in any 
     division of this Act, and each such item of congressionally 
     directed spending is null and void;
       (2) each appropriation under any division of this Act shall 
     be reduced by the amount of any allocation of such 
     appropriation for congressionally directed spending items 
     that is made null and void by paragraph (1); and
       (3) each allocation of an appropriation under any division 
     of this Act shall be reduced by the amount of any further 
     allocation of such allocation of an appropriation for 
     congressionally directed spending items that is made null and 
     void by paragraph (1).
       (b) Report.--The Director of the Office of Management and 
     Budget shall submit to Congress a report indicating the final 
     amount appropriated for each appropriation account for which 
     amounts are made available under any division of this Act and 
     the amount of each allocation of such an appropriation, as 
     reduced in accordance with subsection (a).
                                 ______
                                 
  SA 6556. Mr. SCHATZ proposed an amendment to the bill S. 5087, to 
amend the Not Invisible Act of 2019 to extend, and provide additional 
support for, the activities of the Department of the Interior and the 
Department of Justice Joint Commission on Reducing Violent Crime 
Against Indians, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE 
                   ACTIVITIES OF, THE DEPARTMENT OF THE INTERIOR 
                   AND THE DEPARTMENT OF JUSTICE JOINT COMMISSION 
                   ON REDUCING VIOLENT CRIME AGAINST INDIANS.

       (a) Extension of Commission and Activities of the 
     Commission.--Section 4 of the Not Invisible Act of 2019 
     (Public Law 116-166; 134 Stat. 767) is amended--
       (1) in subsection (c)(2)(B), by striking ``18 months after 
     the enactment'' and inserting ``36 months after the date of 
     enactment''; and
       (2) in subsection (e), by striking ``2 years'' and 
     inserting ``42 months''.
       (b) Additional Support for Activities of Commission.--
     Section 4(b) of the Not Invisible Act of 2019 (Public Law 
     116-166; 134 Stat. 767) is amended--
       (1) in the subsection heading, by inserting ``; Operation'' 
     after ``Membership''; and
       (2) by adding at the end the following:
       ``(7) Gifts.--The Commission may accept and use gifts or 
     donations of services or property from Indian tribes or 
     Tribal entities, academic institutions, or other not-for-
     profit organizations as it considers necessary to carry out 
     the duties of the Commission described in subsection (c).''.
                                 ______
                                 
  SA 6557. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 
2617, to amend section 1115 of title 31, United States Code, to amend 
the description of how performance goals are achieved, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITIONS ON DEPARTMENT OF DEFENSE PAYING FOR OR 
                   FACILITATING TRAVEL TO OBTAIN AN ABORTION.

       (a) Prohibition on Funding Expenses Related to Abortions.--
     Section 1093 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Prohibition on Funding Expenses Related to 
     Abortions.--Funds available to the Department of Defense may 
     not be used to provide a per diem allowance or to pay 
     expenses, such as travel expenses, that are incidental to 
     obtaining an abortion.''.
       (b) Prohibition on Provision of Travel and Transportation 
     Allowances to Obtain Abortions.--Section 452 of title 37, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(j) Prohibition on Allowances for Travel to Obtain 
     Abortions.--The administering Secretary may not provide 
     travel or transportation allowances under this section to a 
     member of the uniformed services for travel to obtain an 
     abortion.''.
       (c) Requirement That Leave to Obtain an Abortion Be 
     Chargeable.--Section 701 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(n) Leave to Obtain Abortions.--A member of the armed 
     forces who takes leave to obtain an abortion shall have the 
     leave account of the member reduced to account for such 
     leave.''.

[[Page S9631]]

  

                                 ______
                                 
  SA 6558. Mr. CASSIDY (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

  At the appropriate place, insert the following:

                      DIVISION__--PREGNANT WORKERS

     SEC. __1. SHORT TITLE.

       This division may be cited as the ``Pregnant Workers 
     Fairness Act''.

     SEC. __2. DEFINITIONS.

       As used in this division--
       (1) the term ``Commission'' means the Equal Employment 
     Opportunity Commission;
       (2) the term ``covered entity''--
       (A) has the meaning given the term ``respondent'' in 
     section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(n)); and
       (B) includes--
       (i) an employer, which means a person engaged in industry 
     affecting commerce who has 15 or more employees as defined in 
     section 701(b) of title VII of the Civil Rights Act of 1964 
     (42 U.S.C. 2000e(b));
       (ii) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301) and 
     section 411(c) of title 3, United States Code;
       (iii) an entity employing a State employee described in 
     section 304(a) of the Government Employee Rights Act of 1991 
     (42 U.S.C. 2000e-16c(a)); and
       (iv) an entity to which section 717(a) of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
       (3) the term ``employee'' means--
       (A) an employee (including an applicant), as defined in 
     section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(f));
       (B) a covered employee (including an applicant), as defined 
     in section 101 of the Congressional Accountability Act of 
     1995 (2 U.S.C. 1301), and an individual described in section 
     201(d) of that Act (2 U.S.C. 1311(d));
       (C) a covered employee (including an applicant), as defined 
     in section 411(c) of title 3, United States Code;
       (D) a State employee (including an applicant) described in 
     section 304(a) of the Government Employee Rights Act of 1991 
     (42 U.S.C. 2000e-16c(a)); or
       (E) an employee (including an applicant) to which section 
     717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     16(a)) applies;
       (4) the term ``known limitation'' means physical or mental 
     condition related to, affected by, or arising out of 
     pregnancy, childbirth, or related medical conditions that the 
     employee or employee's representative has communicated to the 
     employer whether or not such condition meets the definition 
     of disability specified in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102);
       (5) the term ``person'' has the meaning given such term in 
     section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(a));
       (6) the term ``qualified employee'' means an employee or 
     applicant who, with or without reasonable accommodation, can 
     perform the essential functions of the employment position, 
     except that an employee or applicant shall be considered 
     qualified if--
       (A) any inability to perform an essential function is for a 
     temporary period;
       (B) the essential function could be performed in the near 
     future; and
       (C) the inability to perform the essential function can be 
     reasonably accommodated; and
       (7) the terms ``reasonable accommodation'' and ``undue 
     hardship'' have the meanings given such terms in section 101 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12111) and shall be construed as such terms are construed 
     under such Act and as set forth in the regulations required 
     by this division, including with regard to the interactive 
     process that will typically be used to determine an 
     appropriate reasonable accommodation.

     SEC. __3. NONDISCRIMINATION WITH REGARD TO REASONABLE 
                   ACCOMMODATIONS RELATED TO PREGNANCY.

       It shall be an unlawful employment practice for a covered 
     entity to--
       (1) not make reasonable accommodations to the known 
     limitations related to the pregnancy, childbirth, or related 
     medical conditions of a qualified employee, unless such 
     covered entity can demonstrate that the accommodation would 
     impose an undue hardship on the operation of the business of 
     such covered entity;
       (2) require a qualified employee affected by pregnancy, 
     childbirth, or related medical conditions to accept an 
     accommodation other than any reasonable accommodation arrived 
     at through the interactive process referred to in section 
     ___2(7);
       (3) deny employment opportunities to a qualified employee 
     if such denial is based on the need of the covered entity to 
     make reasonable accommodations to the known limitations 
     related to the pregnancy, childbirth, or related medical 
     conditions of the qualified employee;
       (4) require a qualified employee to take leave, whether 
     paid or unpaid, if another reasonable accommodation can be 
     provided to the known limitations related to the pregnancy, 
     childbirth, or related medical conditions of the qualified 
     employee; or
       (5) take adverse action in terms, conditions, or privileges 
     of employment against a qualified employee on account of the 
     employee requesting or using a reasonable accommodation to 
     the known limitations related to the pregnancy, childbirth, 
     or related medical conditions of the employee.

     SEC. __4. REMEDIES AND ENFORCEMENT.

       (a) Employees Covered by Title VII of the Civil Rights Act 
     of 1964.--
       (1) In general.--The powers, remedies, and procedures 
     provided in sections 705, 706, 707, 709, 710, and 711 of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the 
     Commission, the Attorney General, or any person alleging a 
     violation of title VII of such Act (42 U.S.C. 2000e et seq.) 
     shall be the powers, remedies, and procedures this division 
     provides to the Commission, the Attorney General, or any 
     person, respectively, alleging an unlawful employment 
     practice in violation of this division against an employee 
     described in section __2(3)(A) except as provided in 
     paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this division provides to the 
     Commission, the Attorney General, or any person alleging such 
     practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this division provides to the Commission, the 
     Attorney General, or any person alleging such practice (not 
     an employment practice specifically excluded from coverage 
     under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
     1981a(a)(1))).
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--
       (1) In general.--The powers, remedies, and procedures 
     provided in the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) for the purposes of addressing 
     allegations of violations of section 201(a)(1) of such Act (2 
     U.S.C. 1311(a)(1)) shall be the powers, remedies, and 
     procedures this division provides to address an allegation of 
     an unlawful employment practice in violation of this division 
     against an employee described in section __2(3)(B), except as 
     provided in paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) for the purposes of 
     addressing allegations of such a violation shall be the 
     powers, remedies, and procedures this division provides to 
     address allegations of such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, for purposes of addressing allegations of 
     such a violation, shall be the powers, remedies, and 
     procedures this division provides to address any allegation 
     of such practice (not an employment practice specifically 
     excluded from coverage under section 1977A(a)(1) of the 
     Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--
       (1) In general.--The powers, remedies, and procedures 
     provided in chapter 5 of title 3, United States Code, to the 
     President, the Commission, the Merit Systems Protection 
     Board, or any person alleging a violation of section 
     411(a)(1) of such title shall be the powers, remedies, and 
     procedures this division provides to the President, the 
     Commission, the Board, or any person, respectively, alleging 
     an unlawful employment practice in violation of this division 
     against an employee described in section __2(3)(C), except as 
     provided in paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this division provides to the 
     President, the Commission, the Board, or any person alleging 
     such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this division provides to the President, the 
     Commission, the Board, or any person alleging such practice 
     (not an employment practice specifically excluded from 
     coverage under section 1977A(a)(1) of the Revised Statutes 
     (42 U.S.C. 1981a(a)(1))).
       (d) Employees Covered by Government Employee Rights Act of 
     1991.--
       (1) In general.--The powers, remedies, and procedures 
     provided in sections 302 and 304 of the Government Employee 
     Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the 
     Commission or any person alleging a violation of section 
     302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be 
     the powers, remedies, and procedures this division provides 
     to the Commission or any person, respectively, alleging an 
     unlawful employment practice in violation of this division 
     against an employee described in section __2(3)(D), except as 
     provided in paragraphs (2) and (3) of this subsection.

[[Page S9632]]

       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this division provides to the 
     Commission or any person alleging such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this division provides to the Commission or any 
     person alleging such practice (not an employment practice 
     specifically excluded from coverage under section 1977A(a)(1) 
     of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (e) Employees Covered by Section 717 of the Civil Rights 
     Act of 1964.--
       (1) In general.--The powers, remedies, and procedures 
     provided in section 717 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e-16) to the Commission, the Attorney General, the 
     Librarian of Congress, or any person alleging a violation of 
     that section shall be the powers, remedies, and procedures 
     this division provides to the Commission, the Attorney 
     General, the Librarian of Congress, or any person, 
     respectively, alleging an unlawful employment practice in 
     violation of this division against an employee described in 
     __section 2(3)(E), except as provided in paragraphs (2) and 
     (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this division provides to the 
     Commission, the Attorney General, the Librarian of Congress, 
     or any person alleging such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this division provides to the Commission, the 
     Attorney General, the Librarian of Congress, or any person 
     alleging such practice (not an employment practice 
     specifically excluded from coverage under section 1977A(a)(1) 
     of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (f) Prohibition Against Retaliation.--
       (1) In general.--No person shall discriminate against any 
     employee because such employee has opposed any act or 
     practice made unlawful by this division or because such 
     employee made a charge, testified, assisted, or participated 
     in any manner in an investigation, proceeding, or hearing 
     under this division.
       (2) Prohibition against coercion.--It shall be unlawful to 
     coerce, intimidate, threaten, or interfere with any 
     individual in the exercise or enjoyment of, or on account of 
     such individual having exercised or enjoyed, or on account of 
     such individual having aided or encouraged any other 
     individual in the exercise or enjoyment of, any right granted 
     or protected by this division.
       (3) Remedy.--The remedies and procedures otherwise provided 
     for under this section shall be available to aggrieved 
     individuals with respect to violations of this subsection.
       (g) Limitation.--Notwithstanding subsections (a)(3), 
     (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment 
     practice involves the provision of a reasonable accommodation 
     pursuant to this division or regulations implementing this 
     division, damages may not be awarded under section 1977A of 
     the Revised Statutes (42 U.S.C. 1981a) if the covered entity 
     demonstrates good faith efforts, in consultation with the 
     employee with known limitations related to pregnancy, 
     childbirth, or related medical conditions who has informed 
     the covered entity that accommodation is needed, to identify 
     and make a reasonable accommodation that would provide such 
     employee with an equally effective opportunity and would not 
     cause an undue hardship on the operation of the covered 
     entity.

     SEC. __5. RULEMAKING.

       (a) EEOC Rulemaking.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall issue 
     regulations in an accessible format in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, to 
     carry out this division. Such regulations shall provide 
     examples of reasonable accommodations addressing known 
     limitations related to pregnancy, childbirth, or related 
     medical conditions.
       (b) OCWR Rulemaking.--
       (1) In general.--Not later than 6 months after the 
     Commission issues regulations under subsection (a), the Board 
     (as defined in section 101 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1301)) shall (in 
     accordance with section 304 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1384)), issue 
     regulations to implement the provisions of this division made 
     applicable to employees described in section __2(3)(B), under 
     section __4(b).
       (2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Commission under subsection (a) 
     except to the extent that the Board may determine, for good 
     cause shown and stated together with the regulations issued 
     under paragraph (1) that a modification of such substantive 
     regulations would be more effective for the implementation of 
     the rights and protection under this division.

     SEC. __6. WAIVER OF STATE IMMUNITY.

       A State shall not be immune under the 11th Amendment to the 
     Constitution from an action in a Federal or State court of 
     competent jurisdiction for a violation of this division. In 
     any action against a State for a violation of this division, 
     remedies (including remedies both at law and in equity) are 
     available for such a violation to the same extent as such 
     remedies are available for such a violation in an action 
     against any public or private entity other than a State.

     SEC. __7. RELATIONSHIP TO OTHER LAWS.

       (a) In General.--Nothing in this division shall be 
     construed--
       (1) to invalidate or limit the powers, remedies, and 
     procedures under any Federal law or law of any State or 
     political subdivision of any State or jurisdiction that 
     provides greater or equal protection for individuals affected 
     by pregnancy, childbirth, or related medical conditions; or
       (2) by regulation or otherwise, to require an employer-
     sponsored health plan to pay for or cover any particular 
     item, procedure, or treatment or to affect any right or 
     remedy available under any other Federal, State, or local law 
     with respect to any such payment or coverage requirement.
       (b) Rule of Construction.--This division is subject to the 
     applicability to religious employment set forth in section 
     702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     1(a)).

     SEC. __8. SEVERABILITY.

       If any provision of this division or the application of 
     that provision to particular persons or circumstances is held 
     invalid or found to be unconstitutional, the remainder of 
     this division and the application of that provision to other 
     persons or circumstances shall not be affected.

     SEC. __9. EFFECTIVE DATE.

       This division shall take effect on the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 6559. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to 
amend section 1115 of title 31, United States Code, to amend the 
description of how performance goals are achieved, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 757, between lines 15 and 16, insert the following:
       Sec. 550. (a) Except as provided in subsection (b), none of 
     the funds made available under this division may be used by 
     the Department of Homeland Security--
       (1) to transport aliens who are unlawfully present in the 
     United States; or
       (2) to award grants or contracts to third parties to 
     provide transportation within the United States to aliens 
     described in paragraph (1).
       (b) Funds made available under this division may be used by 
     the Department of Homeland Security--
       (1) to return any alien who is unlawfully present in the 
     United States to--
       (A) such alien's country of origin;
       (B) Mexico; or
       (C) the first safe country through which such alien 
     traveled en route to the United States; or
       (2) to transport any such alien--
       (A) to a Federal detention facility; or
       (B) to a Federal courthouse or other Federal facility for 
     an immigration proceeding.
                                 ______
                                 
  SA 6560. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES 
                   VICTIMS OF STATE SPONSORED TERRORISM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Fairness for 9/11 Families Act''.
       (b) In General.--Section 404 of the Justice for United 
     States Victims of State Sponsored Terrorism Act (34 U.S.C. 
     20144) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(B), in the first sentence, by 
     inserting ``and during the 1-year period beginning on the 
     date of enactment of the Fairness for 9/11 Families Act, the 
     Special Master may utilize an additional 5 full-time 
     equivalent Department of Justice personnel'' before the 
     period at the end; and
       (B) in paragraph (2)(A), by inserting ``Not later than 30 
     days after the date of enactment of the Fairness for 9/11 
     Families Act, the Special Master shall update, as necessary 
     as a result of the enactment of such Act, such procedures and 
     other guidance previously issued by the Special Master.'' 
     after the period at the end of the second sentence;
       (2) in subsection (c)(3)(A), by striking clause (ii) and 
     inserting the following:
       ``(ii) Not later than 90 days after the date of obtaining a 
     final judgment, with regard to a final judgment obtained on 
     or after the date of that publication, unless--

       ``(I) the final judgment was awarded to a
     9/11 victim, 9/11 spouse, or 9/11 dependent before the date 
     of enactment of the United States Victims of State Sponsored 
     Terrorism Fund Clarification Act, in which case such United 
     States person shall have 90 days from the date of enactment 
     of such Act to submit an application for payment; or

[[Page S9633]]

       ``(II) the final judgment was awarded to a 1983 Beirut 
     barracks bombing victim or a 1996 Khobar Towers bombing 
     victim before the date of enactment of the Fairness for
     9/11 Families Act, in which case such United States person 
     shall have 180 days from the date of enactment of such Act to 
     submit an application for payment.'';

       (3) in subsection (d)--
       (A) in paragraph (3)(B), by adding at the end the 
     following:
       ``(iii) For the purposes of clause (i), the calculation of 
     the total compensatory damages received or entitled or 
     scheduled to be received by an applicant who is a 1983 Beirut 
     barracks bombing victim or a 1996 Khobar Towers bombing 
     victim from any source other than the Fund shall include the 
     total amount received by the applicant as a result of or in 
     connection with the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the 
     proceedings captioned In Re 650 Fifth Avenue & Related 
     Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), 
     such that any such applicant who has received or is entitled 
     or scheduled to receive 30 percent or more of such 
     applicant's compensatory damages judgment as a result of or 
     in connection with such proceedings shall not receive any 
     payment from the Fund, except in accordance with the 
     requirements of clause (i), or as part of a lump-sum catch-up 
     payment in accordance with paragraph (4)(D).''; and
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``(B) and (C)'' and 
     inserting ``(B), (C), and (D)'';
       (ii) in subparagraph (C), by adding at the end the 
     following:
       ``(iv) Authorization.--

       ``(I) In general.--The Special Master shall authorize lump 
     sum catch-up payments in amounts equal to the amounts 
     described in subclauses (I), (II), and (III) of clause (iii).
       ``(II) Appropriations.--

       ``(aa) In general.--There are authorized to be appropriated 
     and there are appropriated to the Fund such sums as are 
     necessary to carry out this clause, to remain available until 
     expended.
       ``(bb) Limitation.--Amounts appropriated pursuant to item 
     (aa) may not be used for a purpose other than to make lump 
     sum catch-up payments under this clause.''; and
       (iii) by adding at the end the following:
       ``(D) Lump sum catch-up payments for 1983 beirut barracks 
     bombing victims and 1996 khobar towers bombing victims.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Fairness for 9/11 Families Act, and in 
     accordance with clauses (i) and (ii) of paragraph (3)(A), the 
     Comptroller General of the United States shall conduct an 
     audit and publish in the Federal Register a notice of 
     proposed lump sum catch-up payments to the 1983 Beirut 
     barracks bombing victims and the 1996 Khobar Towers bombing 
     victims who have submitted applications in accordance with 
     subsection (c)(3)(A)(ii)(II) on or after such date of 
     enactment, in amounts that, after receiving the lump sum 
     catch-up payments, would result in the percentage of the 
     claims of such victims received from the Fund being equal to 
     the percentage of the claims of non-9/11 victims of state 
     sponsored terrorism received from the Fund, as of such date 
     of enactment.
       ``(ii) Public comment.--The Comptroller General shall 
     provide an opportunity for public comment for a 30-day period 
     beginning on the date on which the notice is published under 
     clause (i).
       ``(iii) Report.--Not later than 30 days after the 
     expiration of the comment period in clause (ii), the 
     Comptroller General of the United States shall submit to the 
     Committee on the Judiciary and the Committee on 
     Appropriations of the Senate, the Committee on the Judiciary 
     and the Committee on Appropriations of the House of 
     Representatives, and the Special Master a report that 
     includes the determination of the Comptroller General on--

       ``(I) the amount of the proposed lump sum catch-up payment 
     for each 1983 Beirut barracks bombing victim;
       ``(II) the amount of the proposed lump sum catch-up payment 
     for each 1996 Khobar Towers bombing victim; and
       ``(III) amount of lump sum catch-up payments described in 
     subclauses (I) and (II).

       ``(iv) Lump sum catch-up payment reserve fund.--

       ``(I) In general.--There is established within the Fund a 
     lump sum catch-up payment reserve fund, to remain in reserve 
     except in accordance with this subsection.
       ``(II) Authorization.--Not earlier than 90 days after the 
     date on which the Comptroller General submits the report 
     required under clause (iii), and not later than 1 year after 
     such date, the Special Master shall authorize lump sum catch-
     up payments from the reserve fund established under subclause 
     (I) in amounts equal to the amounts described in subclauses 
     (I) and (II) of clause (iii).
       ``(III) Appropriations.--

       ``(aa) In general.--There are authorized to be appropriated 
     and there are appropriated to the lump sum catch-up payment 
     reserve fund $3,000,000,000 to carry out this clause, to 
     remain available until expended.
       ``(bb) Limitation.--Except as provided in subclause (IV), 
     amounts appropriated pursuant to item (aa) may not be used 
     for a purpose other than to make lump sum catch-up payments 
     under this clause.

       ``(IV) Expiration.--

       ``(aa) In general.--The lump sum catch-up payment reserve 
     fund established by this clause shall be terminated not later 
     than 1 year after the Special Master disperses all lump sum 
     catch-up payments pursuant to subclause (II).
       ``(bb) Remaining amounts.--All amounts remaining in the 
     lump sum catch-up payment reserve fund in excess of the 
     amounts described in subclauses (I) and (II) of clause (iii) 
     shall be deposited into the Fund under this section.'';
       (4) in subsection (e), by striking paragraph (2) and 
     inserting the following:
       ``(2) Deposit and transfer.--Beginning on the date of the 
     enactment of this Act, the following shall be deposited or 
     transferred into the Fund for distribution under this 
     section:
       ``(A) Criminal funds and property.--All funds, and the net 
     proceeds from the sale of property, forfeited or paid to the 
     United States after the date of enactment of this Act as a 
     criminal penalty or fine arising from a violation of any 
     license, order, regulation, or prohibition issued under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 
     et seq.), or any related criminal conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, a state sponsor of 
     terrorism.
       ``(B) Civil funds and property.--Seventy-five percent of 
     all funds, and seventy-five percent of the net proceeds from 
     the sale of property, forfeited or paid to the United States 
     after the date of enactment of this Act as a civil penalty or 
     fine arising from a violation of any license, order, 
     regulation, or prohibition issued under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the 
     Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any 
     related conspiracy, scheme, or other Federal offense arising 
     from the actions of, or doing business with or acting on 
     behalf of, a state sponsor of terrorism.'';
       (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and 
     inserting ``(e)(2)''; and
       (6) in subsection (j), by adding at the end the following:
       ``(15) 1983 beirut barracks bombing victim.--The term `1983 
     Beirut barracks bombing victim'--
       ``(A) means a plaintiff, or estate or successor in interest 
     thereof, who has an eligible claim under subsection (c) that 
     arises out of the October 23, 1983, bombing of the United 
     States Marine Corps barracks in Beirut, Lebanon; and
       ``(B) includes a plaintiff, estate, or successor in 
     interest described in subparagraph (A) who is a judgment 
     creditor in the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling 
     Judgment Creditor as identified in the order dated May 27, 
     2014, in the proceedings captioned In Re 650 Fifth Avenue & 
     Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 
     2008).
       ``(16) 1996 khobar towers bombing victim.--The term `1996 
     Khobar Towers bombing victim'--
       ``(A) means a plaintiff, or estate or successor in interest 
     thereof, who has an eligible claim under subsection (c) that 
     arises out of the June 25, 1996 bombing of the Khobar Tower 
     housing complex in Saudi Arabia; and
       ``(B) includes a plaintiff, estate, or successor in 
     interest described in subparagraph (A) who is a judgment 
     creditor in the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling 
     Judgment Creditor as identified in the order dated May 27, 
     2014, in the proceedings captioned In Re 650 Fifth Avenue & 
     Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 
     2008).''.
       (c) GAO Report on Funding for the United States Victims of 
     State Sponsored Terrorism Fund.--Not later than 180 days 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report evaluating ways to increase deposits into the United 
     States Victims of State Sponsored Terrorism Fund established 
     under paragraph (1) of section 404(e) of the Justice for 
     United States Victims of State Sponsored Terrorism Act (34 
     U.S.C. 20144(e)) (in this subsection referred to as the 
     ``Fund''), including assessing the advisability and effect 
     of--
       (1) expanding the scope of the criminal offenses for which 
     funds, and the net proceeds from the sale of property, 
     forfeited or paid to the United States are deposited in the 
     Fund under paragraph (2)(A) of such section, as amended by 
     this section;
       (2) expanding the scope of the civil penalties or fines for 
     which funds, and the net proceeds from the sale of property, 
     forfeited or paid to the United States are deposited in the 
     Fund under paragraph (2)(B) of such section, as amended by 
     this section, to include civil penalties or fines imposed, 
     including as part of a settlement agreement, on an entity for 
     providing material support to an organization designated as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); and
       (3) increasing to 100 percent the percentage of funds, and 
     the net proceeds from the sale of property, forfeited or paid 
     to the United States as a civil penalty or fine that are 
     deposited in the Fund under paragraph (2)(A)(ii) of such 
     section, as amended by this section.
       (d) Rescissions.--
       (1) Business loans program account.--Of the unobligated 
     balances of amounts made available under the heading ``Small 
     Business Administration--Business Loans Program Account, 
     CARES Act'', for carrying out

[[Page S9634]]

     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), $4,954,772,000 are hereby 
     rescinded.
       (2) Shuttered venue operators grant.--Of the unobligated 
     balances of amounts made available under the heading ``Small 
     Business Administration--Shuttered Venue Operators'', for 
     carrying out section 324 of division N of the Consolidated 
     Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are 
     hereby rescinded.
       (3) Aviation manufacturing payroll support program.--Of the 
     unobligated balances of amounts made available under section 
     7202 of the American Rescue Plan Act of 2021 (15 U.S.C. 
     9132), $568,228,000 are hereby rescinded.
                                 ______
                                 
  SA 6561. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. VOTING THRESHOLD FOR BUDGET POINTS OF ORDER.

       (a) Definition.--In this section, the term ``covered point 
     of order'' means a point of order under the Congressional 
     Budget Act of 1974 (2 U.S.C. 621 et seq.), the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 et seq.), the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 931 et seq.), or a concurrent resolution on the 
     budget.
       (b) Voting Threshold.--In the Senate--
       (1) a covered point of order may be waived only by the 
     affirmative vote of two-thirds of the Members, duly chosen 
     and sworn; and
       (2) an affirmative vote of two-thirds of the Members, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a covered point of order.
                                 ______
                                 
  SA 6562. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

        On page 410, after line 25, add the following:
       Sec. 8145.  The Secretary of Defense shall, notwithstanding 
     any provision of the Department of Defense Financial 
     Management Regulation, direct the Secretary of the Navy to 
     continue to provide pay and benefits to Lieutenant Ridge 
     Alkonis until such time as the Secretary of the Navy makes a 
     determination with respect to the separation of Lieutenant 
     Alkonis from the Navy.
                                 ______
                                 
  SA 6563. Mr. LEE (for himself, Mr. Scott of Florida, Mr. Braun, and 
Mr. Johnson) submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 757, between lines 15 and 16, insert the following:
       Sec. 550.  None of the funds provided by this Act may be 
     obligated or expended to terminate the prohibitions on entry 
     into the United States issued pursuant to sections 362 and 
     365 of the Public Health Service Act (42 U.S.C. 265 and 268) 
     as a result of the public health emergency relating to the 
     Coronavirus Disease 2019 (COVID-19) pandemic declared under 
     section 319 of such Act (42 U.S.C. 247d) on January 31, 2020 
     (popularly known as ``Title 42'').
                                 ______
                                 
  SA 6564. Mr. LEE (for himself, Mr. Scott of Florida, Mr. Braun, and 
Mr. Johnson) submitted an amendment intended to be proposed by him to 
the bill H.R. 2617, to amend section 1115 of title 31, United States 
Code, to amend the description of how performance goals are achieved, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the amounts appropriated or otherwise 
     made available for the Office of the Executive Secretary of 
     the Department of Homeland Security under this Act may be 
     obligated or expended until the prohibitions on entry into 
     the United States set forth in the order of suspension issued 
     pursuant to sections 362 and 365 of the Public Health Service 
     Act (42 U.S.C. 265 and 268) as a result of the public health 
     emergency relating to the Coronavirus Disease 2019 (COVID-19) 
     pandemic declared under section 319 of such Act (42 U.S.C. 
     247d) on January 31, 2020 (popularly known as ``Title 42''), 
     are reinstated.
                                 ______
                                 
  SA 6565. Mr. LEE (for himself, Mr. Scott of Florida, Mr. Braun, and 
Mr. Johnson) submitted an amendment intended to be proposed by him to 
the bill H.R. 2617, to amend section 1115 of title 31, United States 
Code, to amend the description of how performance goals are achieved, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the amounts appropriated or otherwise 
     made available for the Office of the Secretary of Homeland 
     Security under this Act may be obligated or expended until 
     the prohibitions on entry into the United States set forth in 
     the order of suspension issued pursuant to sections 362 and 
     365 of the Public Health Service Act (42 U.S.C. 265 and 268) 
     as a result of the public health emergency relating to the 
     Coronavirus Disease 2019 (COVID-19) pandemic declared under 
     section 319 of such Act (42 U.S.C. 247d) on January 31, 2020 
     (popularly known as ``Title 42''), are reinstated.
                                 ______
                                 
  SA 6566. Ms. LUMMIS submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL COMMISSION ON FISCAL RESPONSIBILITY AND 
                   REFORM.

       (a) Short Title.--This section may be cited as the 
     ``Sustainable Budget Act of 2022''.
       (b) Establishment of Commission.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the National 
     Commission on Fiscal Responsibility and Reform established 
     under paragraph (2).
       (B) Federal agency.--The term ``Federal agency'' means an 
     establishment in the executive, legislative, or judicial 
     branch of the Federal Government.
       (2) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, there shall be established 
     within the legislative branch a commission to be known as the 
     National Commission on Fiscal Responsibility and Reform.
       (3) Membership.--
       (A) Composition of commission.--The Commission shall be 
     composed of 18 members, of whom--
       (i) 6 shall be appointed by the President, of whom not more 
     than 3 shall be from the same political party;
       (ii) 3 shall be appointed by the majority leader of the 
     Senate, from among current Members of the Senate;
       (iii) 3 shall be appointed by the Speaker of the House of 
     Representatives, from among current Members of the House of 
     Representatives;
       (iv) 3 shall be appointed by the minority leader of the 
     Senate, from among current Members of the Senate; and
       (v) 3 shall be appointed by the minority leader of the 
     House of Representatives, from among current Members of the 
     House of Representatives.
       (B) Initial appointments.--Not later than 60 days after the 
     date on which the Commission is established, initial 
     appointments to the Commission shall be made.
       (C) Vacancy.--A vacancy on the Commission shall be filled 
     in the same manner as the initial appointment.
       (4) Co-chairpersons.--From among the members appointed 
     under paragraph (3), the President shall designate 2 members, 
     who shall not be of the same political party, to serve as co-
     chairpersons of the Commission.
       (5) Qualifications.--Members appointed to the Commission 
     shall have significant depth of experience and 
     responsibilities in matters relating to--
       (A) government service;
       (B) fiscal policy;
       (C) economics;
       (D) Federal agency management or private sector management;
       (E) public administration; and
       (F) law.
       (6) Duties.--
       (A) In general.--The Commission shall identify policies 
     to--
       (i) improve the fiscal situation of the Federal Government 
     in the medium term; and
       (ii) achieve fiscal sustainability of the Federal 
     Government in the long term.
       (B) Requirements.--In carrying out subparagraph (A), the 
     Commission shall--
       (i) propose recommendations designed to balance the budget 
     of the Federal Government, excluding interest payments on the 
     public debt, by the date that is 10 years after the date on 
     which the Commission is established, in order to stabilize 
     the ratio of the public debt to the gross domestic product of 
     the United States at an acceptable level; and
       (ii) propose recommendations that meaningfully improve the 
     long-term fiscal outlook of the Federal Government, including 
     changes to address the growth of entitlement spending and the 
     gap between the projected revenues and expenditures of the 
     Federal Government.
       (7) Reports and proposed joint resolution.--
       (A) In general.--
       (i) Final report.--Not later than 1 year after the date on 
     which all members of the Commission are appointed under 
     paragraph

[[Page S9635]]

     (3), the Commission shall vote on the approval of a final 
     report, which shall contain--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) a proposed joint resolution implementing the 
     recommendations described in subclause (I).

       (ii) Interim reports.--At any time after the date on which 
     all members of the Commission are appointed and prior to 
     voting on the approval of a final report under clause (i), 
     the Commission may vote on the approval of an interim report 
     containing such recommendations described in subsection 
     paragraph (6)(B) as the Commission may provide.
       (B) Approval of report.--The Commission may only issue a 
     report under this paragraph if--
       (i) not less than 12 members of the Commission approve the 
     report; and
       (ii) of the members approving the report under clause (i), 
     not less than 4 are members of the same political party to 
     which the Speaker of the House of Representatives belongs and 
     not less than 4 are members of the same political party to 
     which the minority leader of the House of Representatives 
     belongs.
       (C) Submission of report.--With respect to each report 
     approved under this paragraph, the Commission shall--
       (i) submit to Congress the report; and
       (ii) make the report available to the public.
       (D) Preparation of joint resolution.--
       (i) In general.--In drafting the proposed joint resolution 
     described in subparagraph (A)(i)(II), the Commission--

       (I) may use the services of the offices of the Legislative 
     Counsel of the Senate and House of Representatives; and
       (II) shall consult with the Comptroller General of the 
     United States and the Director of the Congressional Budget 
     Office.

       (ii) Consultation with committees.--In drafting the 
     proposed joint resolution described in subparagraph 
     (A)(i)(II), the co-chairpersons of the Commission, with 
     respect to the contents of the proposed joint resolution, 
     shall consult with--

       (I) the chairperson and ranking member of each relevant 
     committee of the Senate and the House of Representatives;
       (II) the majority and minority leader of the Senate; and
       (III) the Speaker and minority leader of the House of 
     Representatives.

       (iii) Requirements for consultation.--The consultation 
     required under clause (ii) shall provide the opportunity for 
     each individual described in clause (ii) to provide--

       (I) recommendations for alternative means of addressing the 
     recommendations described in subparagraph (A)(i)(I); and
       (II) recommendations regarding which recommendations 
     described in subparagraph (A)(i)(I) should not be addressed 
     in the proposed joint resolution.

       (iv) Relevant committees.--For the purpose of this 
     subparagraph, the relevant committees of the Senate and the 
     House of Representatives shall be--

       (I) the Committee on Finance of the Senate;
       (II) the Committee on Ways and Means of the House of 
     Representatives;
       (III) the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       (IV) the Committee on Energy and Commerce of the House of 
     Representatives.

       (8) Powers of the commission.--
       (A) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the duties of the Commission described in 
     paragraph (6).
       (B) Information from federal agencies.--
       (i) In general.--The Commission may secure directly from 
     any Federal agency such information as the Commission 
     considers necessary to carry out the duties of the Commission 
     described in paragraph (6).
       (ii) Provision of information.--Upon request from the co-
     chairpersons of the Commission, the head of a Federal agency 
     shall provide information described in clause (i) to the 
     Commission.
       (C) Postal services.--The Commission may use the United 
     States mail in the same manner and under the same conditions 
     as departments and agencies of the Federal Government.
       (D) Website.--
       (i) Contents.--The Commission shall establish a website 
     containing--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) the records of attendance of the members of the 
     Commission for each meeting of the Commission.

       (ii) Date of publication.--Not later than 72 hours after 
     the conclusion of a meeting of the Commission, the Commission 
     shall publish a recommendation or record of attendance 
     described under clause (i) that is made or taken at the 
     meeting on the website established under such subparagraph.
       (9) Assistance of other legislative branch entities.--As 
     the Commission conducts the work of the Commission--
       (A) the Comptroller General shall provide technical 
     assistance to the Commission on findings and recommendations 
     of the Government Accountability Office;
       (B) the Director of the Congressional Budget Office shall 
     provide technical assistance to the Commission on findings 
     and recommendations of the Congressional Budget Office; and
       (C) the chair of the Joint Committee on Taxation shall 
     provide technical assistance to the Commission on findings 
     and recommendations of the Joint Committee on Taxation.
       (10) Personnel matters.--
       (A) In general.--Members of the Commission shall serve 
     without compensation.
       (B) Travel expenses.--Members of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the homes or regular places of business 
     of the members in the performance of services for the 
     Commission.
       (C) Staff.--
       (i) In general.--

       (I) Appointment.--The co-chairpersons of the Commission 
     may, without regard to civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform the duties of the Commission.
       (II) Approval.--The appointment of an executive director 
     under subclause (I) shall be subject to confirmation by the 
     Commission.

       (ii) Compensation.--

       (I) In general.--The co-chairpersons of the Commission may 
     fix the compensation of the executive director and other 
     personnel of the Commission without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to the classification of 
     positions and General Schedule pay rates.
       (II) Pay rate.--The rate of pay for the executive director 
     and other personnel of the Commission may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5613 of title 5, United States Code.

       (D) Detail of government employees.--Any employee of the 
     Federal Government may be detailed to the Commission--
       (i) without reimbursement; and
       (ii) without interruption or loss of civil service status 
     or privilege.
       (E) Procurement of temporary and intermittent services.--
     The co-chairpersons of the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (11) Termination of the commission.--The Commission shall 
     terminate on the date that is 30 days after the date on which 
     the Commission submits the final report of the Commission 
     under subsection (7)(A)(i).
       (12) Rules of construction.--Nothing in this section shall 
     be construed to--
       (A) impair or otherwise affect--
       (i) authority granted by law to a Federal agency or a head 
     thereof; or
       (ii) functions of the Director of the Office of Management 
     and Budget relating to budgetary, administrative, or 
     legislative proposals; or
       (B) create any right or benefit, substantive or procedural, 
     enforceable at law or in equity, by any party against the 
     United States, the departments, agencies, entities, officers, 
     employees, or agents of the United States, or any other 
     person.
       (13) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Commission such sums as may be necessary to carry out 
     this section.
       (B) Availability.--Any sums appropriated under subparagraph 
     (A) shall remain available, without fiscal year limitation, 
     until expended.
       (14) Inapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (c) Special Message of the President.--
       (1) Definitions.--In this subsection:
       (A) Commission report.--The term ``Commission report'' 
     means the final report of the National Commission on Fiscal 
     Responsibility and Reform described in subsection 
     (b)(7)(A)(i).
       (B) Special message.--The term ``special message'' means 
     the special message on the Commission report required under 
     paragraph (2)(A).
       (2) Submission of special message.--
       (A) In general.--Not later than 60 days after the date on 
     which the Commission submits the Commission report to 
     Congress, the President shall submit to Congress a special 
     message on the report.
       (B) Transmittal.--The President shall submit the special 
     message--
       (i) to the Secretary of the Senate if the Senate is not in 
     session; and
       (ii) to the Clerk of the House of Representatives if the 
     House of Representatives is not in session.
       (3) Contents of special message.--The special message shall 
     describe the reasons for the support or opposition of the 
     President to the proposed joint resolution contained in the 
     Commission report.
       (4) Public availability.--The President shall--
       (A) make a copy of a special message publicly available, 
     including on a website of the President; and
       (B) publish in the Federal Register a notice of a special 
     message and information on how the special message can be 
     obtained.
       (d) Expedited Consideration of Proposed Joint Resolution.--

[[Page S9636]]

       (1) Definition of commission joint resolution.--In this 
     subsection, the term ``Commission joint resolution'' means a 
     joint resolution that consists solely of the text of the 
     proposed joint resolution required to be included in the 
     final report of the Commission under subsection 
     (b)(7)(A)(i)(II).
       (2) Qualifying legislation.--Only a Commission joint 
     resolution shall be entitled to expedited consideration under 
     this subsection.
       (3) Consideration in the house of representatives.--
       (A) Introduction.--A Commission joint resolution may be 
     introduced in the House of Representatives (by request)--
       (i) by the majority leader of the House of Representatives, 
     or by a Member of the House of Representatives designated by 
     the majority leader of the House of Representatives, on the 
     next legislative day after the date on which the Commission 
     approves the final report of the Commission under subsection 
     b(7)(A)(i); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), by any Member of the House of 
     Representatives on any legislative day beginning on the 
     legislative day after the legislative day described in clause 
     (i).
       (B) Referral and reporting.--Any committee of the House of 
     Representatives to which a Commission joint resolution is 
     referred shall report the Commission joint resolution to the 
     House of Representatives without amendment not later than 10 
     legislative days after the date on which the Commission joint 
     resolution was so referred. If a committee of the House of 
     Representatives fails to report a Commission joint resolution 
     within that period, it shall be in order to move that the 
     House of Representatives discharge the committee from further 
     consideration of the Commission joint resolution. Such a 
     motion shall not be in order after the last committee 
     authorized to consider the Commission joint resolution 
     reports it to the House of Representatives or after the House 
     of Representatives has disposed of a motion to discharge the 
     Commission joint resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion, except 20 minutes of debate equally 
     divided and controlled by the proponent and an opponent. If 
     such a motion is adopted, the House of Representatives shall 
     proceed immediately to consider the Commission joint 
     resolution in accordance with subparagraphs (C) and (D). A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (C) Proceeding to consideration.--After the last committee 
     authorized to consider a Commission joint resolution reports 
     it to the House of Representatives or has been discharged 
     (other than by motion) from its consideration, it shall be in 
     order to move to proceed to consider the Commission joint 
     resolution in the House of Representatives. Such a motion 
     shall not be in order after the House of Representatives has 
     disposed of a motion to proceed with respect to the 
     Commission joint resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. A motion to reconsider the vote by which 
     the motion is disposed of shall not be in order.
       (D) Consideration.--The Commission joint resolution shall 
     be considered as read. All points of order against the 
     Commission joint resolution and against its consideration are 
     waived. The previous question shall be considered as ordered 
     on the Commission joint resolution to its passage without 
     intervening motion, except 2 hours of debate equally divided 
     and controlled by the proponent and an opponent and 1 motion 
     to limit debate on the Commission joint resolution. A motion 
     to reconsider the vote on passage of the Commission joint 
     resolution shall not be in order.
       (E) Vote on passage.--The vote on passage of the Commission 
     joint resolution shall occur not later than 3 legislative 
     days after the date on which the last committee authorized to 
     consider the Commission joint resolution reports it to the 
     House of Representatives or is discharged.
       (4) Expedited procedure in the senate.--
       (A) Introduction in the senate.--A Commission joint 
     resolution may be introduced in the Senate (by request)--
       (i) by the majority leader of the Senate, or by a Member of 
     the Senate designated by the majority leader of the Senate, 
     on the next legislative day after the date on which the 
     President submits the proposed joint resolution under 
     subsection (c)(2); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), by any Member of the Senate on any day on 
     which the Senate is in session beginning on the day after the 
     day described in clause (i).
       (B) Committee consideration.--A Commission joint resolution 
     introduced in the Senate under subparagraph (A) shall be 
     jointly referred to the committee or committees of 
     jurisdiction, which committees shall report the Commission 
     joint resolution without any revision and with a favorable 
     recommendation, an unfavorable recommendation, or without 
     recommendation, not later than 10 session days after the date 
     on which the Commission joint resolution was so referred. If 
     any committee to which a Commission joint resolution is 
     referred fails to report the Commission joint resolution 
     within that period, that committee shall be automatically 
     discharged from consideration of the Commission joint 
     resolution, and the Commission joint resolution shall be 
     placed on the appropriate calendar.
       (C) Proceeding.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 2 days of 
     session after the date on which a Commission joint resolution 
     is reported or discharged from all committees to which the 
     Commission joint resolution was referred, for the majority 
     leader of the Senate or the designee of the majority leader 
     to move to proceed to the consideration of the Commission 
     joint resolution. It shall also be in order for any Member of 
     the Senate to move to proceed to the consideration of the 
     Commission joint resolution at any time after the conclusion 
     of such 2-day period. A motion to proceed is in order even 
     though a previous motion to the same effect has been 
     disagreed to. All points of order against the motion to 
     proceed to the Commission joint resolution are waived. The 
     motion to proceed shall not be debatable. The motion is not 
     subject to a motion to postpone. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the Commission joint resolution is agreed to, the 
     Commission joint resolution shall remain the unfinished 
     business until disposed of. All points of order against a 
     Commission joint resolution and against consideration of the 
     Commission joint resolution are waived.
       (D) No amendments.--An amendment to a Commission joint 
     resolution, a motion to postpone, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     Commission joint resolution, is not in order.
       (E) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a Commission joint resolution shall be decided 
     without debate.
       (5) Amendment.--A Commission joint resolution shall not be 
     subject to amendment in either the Senate or the House of 
     Representatives.
       (6) Consideration by the other house.--
       (A) In general.--If, before passing a Commission joint 
     resolution, a House receives from the other House a 
     Commission joint resolution of the other House--
       (i) the Commission joint resolution of the other House 
     shall not be referred to a committee; and
       (ii) the procedure in the receiving House shall be the same 
     as if no Commission joint resolution had been received from 
     the other House until the vote on passage, when the 
     Commission joint resolution received from the other House 
     shall supplant the Commission joint resolution of the 
     receiving House.
       (B) Revenue measures.--This paragraph shall not apply to 
     the House of Representatives if a Commission joint resolution 
     received from the Senate is a revenue measure.
       (7) Rules to coordinate action with other house.--
       (A) Treatment of commission joint resolution of other 
     house.--If a Commission joint resolution is not introduced in 
     the Senate or the Senate fails to consider a Commission joint 
     resolution under this section, the Commission joint 
     resolution of the House of Representatives shall be entitled 
     to expedited floor procedures under this section.
       (B) Treatment of companion measures in the senate.--If, 
     following passage of a Commission joint resolution in the 
     Senate, the Senate receives from the House of Representatives 
     a Commission joint resolution, the House-passed Commission 
     joint resolution shall not be debatable. The vote on passage 
     of the Commission joint resolution in the Senate shall be 
     considered to be the vote on passage of the Commission joint 
     resolution received from the House of Representatives.
       (C) Vetoes.--If the President vetoes a Commission joint 
     resolution, consideration of a veto message in the Senate 
     under this subparagraph shall be 10 hours equally divided 
     between the majority and minority leaders of the Senate or 
     the designees of the majority and minority leaders of the 
     Senate.
       (8) Exercise of rulemaking power.--This subsection is 
     enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and, as such--
       (i) it is deemed a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a 
     Commission joint resolution; and
       (ii) it supersedes other rules only to the extent that it 
     is inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                 ______
                                 
  SA 6567. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

[[Page S9637]]

  


           DIVISION__--AMERICAN INNOVATION AND CHOICE ONLINE

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``American Innovation and 
     Choice Online Act''.

     SEC. 102. DEFINITIONS.

       (a) In General.--In this division:
       (1) Antitrust laws; person.--The terms ``antitrust laws'' 
     and ``person'' have the meanings given the terms in 
     subsection (a) of the first section of the Clayton Act (15 
     U.S.C. 12).
       (2) Business user.--The term ``business user''--
       (A) means a person that uses or is likely to use a covered 
     platform for the advertising, sale, or provision of products 
     or services, including such persons that are operating a 
     covered platform or are controlled by a covered platform 
     operator; and
       (B) does not include a person that--
       (i) is a clear national security risk; or
       (ii) is controlled by the Government of the People's 
     Republic of China or the government of a foreign adversary.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Control.--The term ``control'' means, with respect to a 
     person--
       (A) holding 25 percent or more of the stock of the person;
       (B) having the right to 25 percent or more of the profits 
     of the person;
       (C) in the event of the dissolution of the person, having 
     the right to 25 percent or more of the assets of the person;
       (D) if the person is a corporation, having the power to 
     designate 25 percent or more of the directors of the person;
       (E) if the person is a trust, having the power to designate 
     25 percent or more of the trustees; or
       (F) otherwise exercising substantial control over the 
     person.
       (5) Covered platform.--The term ``covered platform'' means 
     an online platform that--
       (A) has been designated as a covered platform under section 
     103(d);
       (B) is owned or controlled by a person that--
       (i) at any point during the 12 months preceding a 
     designation under section 103(d) or the 12 months preceding 
     the filing of a complaint for an alleged violation of this 
     division has at least--

       (I) 50,000,000 United States-based monthly active users on 
     the online platform; or
       (II) 100,000 United States-based monthly active business 
     users on the online platform;

       (ii) during--

       (I) the 2 years preceding a designation under section 
     103(d), or the 2 years preceding the filing of a complaint 
     for an alleged violation of this division--

       (aa) at any point, is owned or controlled by a person with 
     United States net annual sales of greater than 
     $550,000,000,000, adjusted for inflation on the basis of the 
     Consumer Price Index; or
       (bb) during any 180-day period during the 2-year period, 
     has an average market capitalization greater than 
     $550,000,000,000, adjusted for inflation on the basis of the 
     Consumer Price Index; or

       (II) the 12 months preceding a designation under section 
     103(d), or at any point during the 12 months preceding the 
     filing of a complaint for an alleged violation of this 
     division, has at least 1,000,000,000 worldwide monthly active 
     users on the online platform; and

       (iii) is a critical trading partner for the sale or 
     provision of any product or service offered on or directly 
     related to the online platform.
       (6) Critical trading partner.--The term ``critical trading 
     partner'' means a person that has the ability to restrict or 
     materially impede the access of--
       (A) a business user to the users or customers of the 
     business user; or
       (B) a business user to a tool or service that the business 
     user needs to effectively serve the users or customers of the 
     business user.
       (7) Data.--The term ``data'' includes information that is 
     collected by or provided to a covered platform or business 
     user that is linked, or reasonably linkable, to a specific--
       (A) user or customer of the covered platform; or
       (B) user or customer of a business user.
       (8) Foreign adversary.--The term ``foreign adversary'' has 
     the meaning given the term in section 8(c) of the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c)).
       (9) Online platform.--The term ``online platform''--
       (A) means a website, online or mobile application, 
     operating system, digital assistant, or online service that 
     enables--
       (i) a user to generate or share content that can be viewed 
     by other users on the platform or to interact with other 
     content on the platform;
       (ii) the offering, advertising, sale, purchase, or shipping 
     of products or services, including software applications, 
     between and among consumers or businesses not controlled by 
     the platform operator; or
       (iii) user searches or queries that access or display a 
     volume of information; and
       (B) does not include a service by wire or radio that 
     provides the capability to transmit data to and receive data 
     from all or substantially all internet endpoints, including 
     any capabilities that are incidental to and enable the 
     operation of the communications service.
       (10) State.--The term ``State'' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, and any other 
     territory or possession of the United States.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this division, the Commission, with the 
     concurrence of the Department of Justice, shall promulgate 
     regulations in accordance with section 553 of title 5, United 
     States Code, to define the term data for the purpose of 
     implementing and enforcing this division.

     SEC. 103. UNLAWFUL CONDUCT.

       (a) In General.--It shall be unlawful for a person 
     operating a covered platform in or affecting commerce to--
       (1) preference the products, services, or lines of business 
     of the covered platform operator over those of another 
     business user on the covered platform in a manner that would 
     materially harm competition;
       (2) limit the ability of the products, services, or lines 
     of business of another business user to compete on the 
     covered platform relative to the products, services, or lines 
     of business of the covered platform operator in a manner that 
     would materially harm competition;
       (3) discriminate in the application or enforcement of the 
     terms of service of the covered platform among similarly 
     situated business users in a manner that would materially 
     harm competition;
       (4) materially restrict, impede, or unreasonably delay the 
     capacity of a business user to access or interoperate with 
     the same platform, operating system, or hardware or software 
     features that are available to the products, services, or 
     lines of business of the covered platform operator that 
     compete or would compete with products or services offered by 
     business users on the covered platform, except where such 
     access would lead to a significant cybersecurity risk;
       (5) condition access to the covered platform or preferred 
     status or placement on the covered platform on the purchase 
     or use of other products or services offered by the covered 
     platform operator that are not part of or intrinsic to the 
     covered platform;
       (6) use nonpublic data that are obtained from or generated 
     on the covered platform by the activities of a business user 
     or by the interaction of a covered platform user with the 
     products or services of a business user to offer, or support 
     the offering of, the products or services of the covered 
     platform operator that compete or would compete with products 
     or services offered by business users on the covered 
     platform;
       (7) materially restrict or impede a business user from 
     accessing data generated on the covered platform by the 
     activities of the business user, or through an interaction of 
     a covered platform user with the products or services of the 
     business user, such as by establishing contractual or 
     technical restrictions that prevent the portability by the 
     business user to other systems or applications of the data of 
     the business user;
       (8) materially restrict or impede covered platform users 
     from uninstalling software applications that have been 
     preinstalled on the covered platform or changing default 
     settings that direct or steer covered platform users to 
     products or services offered by the covered platform 
     operator, unless necessary--
       (A) for the security or functioning of the covered 
     platform; or
       (B) to prevent data from the covered platform operator or 
     another business user from being transferred to the 
     Government of the People's Republic of China or the 
     government of a foreign adversary;
       (9) in connection with any covered platform user interface, 
     including search or ranking functionality offered by the 
     covered platform, treat the products, services, or lines of 
     business of the covered platform operator more favorably 
     relative to those of another business user and in a manner 
     that is inconsistent with the neutral, fair, and 
     nondiscriminatory treatment of all business users; or
       (10) retaliate against any business user or covered 
     platform user that raises good-faith concerns with any law 
     enforcement authority about actual or potential violations of 
     State or Federal law on the covered platform or by the 
     covered platform operator.
       (b) Affirmative Defenses.--
       (1) In general.--It shall be an affirmative defense to an 
     action under subsection (a) if the defendant establishes that 
     the conduct was reasonably tailored and reasonably necessary, 
     such that the conduct could not be achieved through 
     materially less discriminatory means, to--
       (A) prevent a violation of, or comply with, Federal or 
     State law;
       (B) protect safety, user privacy, the security of nonpublic 
     data, or the security of the covered platform; or
       (C) maintain or substantially enhance the core 
     functionality of the covered platform.
       (2) Additional affirmative defenses.--It shall be an 
     affirmative defense to an action under paragraph (4), (5), 
     (6), (7), (8), (9), or (10) of subsection (a) if the 
     defendant establishes that the conduct has not resulted in 
     and would not result in material harm to competition.
       (3) Effect of other laws.--Notwithstanding any other 
     provision of law, whether user conduct would constitute a 
     violation of section 1030 of title 18, United States Code, 
     shall have no effect on whether the defendant has established 
     an affirmative defense under this division.
       (4) Burden of proof.--The defendant has the burden of 
     proving an affirmative defense under this subsection by a 
     preponderance of the evidence.

[[Page S9638]]

       (c) Enforcement.--
       (1) In general.--Except as otherwise provided in this 
     division--
       (A) the Commission shall enforce this division in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though all applicable terms of the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this division;
       (B) the Department of Justice shall enforce this division 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms of the Sherman Act (15 U.S.C. 1 et seq.), Clayton Act 
     (15 U.S.C. 12 et seq.), and Antitrust Civil Process Act (15 
     U.S.C. 1311 et seq.) were incorporated into and made a part 
     of this division; and
       (C) any attorney general of a State shall enforce this 
     division in the same manner, by the same means, and with the 
     same jurisdiction, powers, and duties as though all 
     applicable terms of the Sherman Act (15 U.S.C. 1 et seq.) and 
     the Clayton Act (15 U.S.C. 12 et seq.) were incorporated into 
     and made a part of this division.
       (2) Commission independent litigation authority.--If the 
     Commission has reason to believe that a person violated this 
     division, the Commission may commence a civil action, in its 
     own name by any of its attorneys designated by it for such 
     purpose, to recover a civil penalty and seek other 
     appropriate relief in a district court of the United States.
       (3) Parens patriae.--Any attorney general of a State may 
     bring a civil action in the name of such State for a 
     violation of this division as parens patriae on behalf of 
     natural persons residing in such State, in any district court 
     of the United States having jurisdiction of the defendant for 
     any form of relief provided for in this section.
       (4) Enforcement in federal district court.--The Commission, 
     Department of Justice, or any attorney general of a State 
     shall only be able to enforce this division through a civil 
     action brought before a district court of the United States.
       (5) Preponderance of the evidence.--The Department of 
     Justice, the Commission, or the attorney general of a State 
     shall establish a violation of this section by a 
     preponderance of the evidence.
       (6) Remedies.--
       (A) In general.--The remedies provided in this paragraph 
     are in addition to, and not in lieu of, any other remedy 
     available under Federal or State law.
       (B) Civil penalty.--Any person who violates this division 
     shall forfeit and pay to the United States a civil penalty in 
     an amount that is sufficient to deter violations of this 
     division, but not greater than 10 percent of the total United 
     States revenue of the person for the period of time the 
     violation occurred.
       (C) Injunctions.--
       (i) In general.--The Department of Justice, the Commission, 
     or the attorney general of any State may seek, and the court 
     may order, relief in equity as necessary to prevent, 
     restrain, or prohibit violations of this division.
       (ii) Temporary injunctions.--

       (I) In general.--The Commission, Department of Justice, or 
     any attorney general of a State may seek a temporary 
     injunction requiring the covered platform operator to take or 
     stop taking any action for not more than 120 days.
       (II) Grant.--The court may grant a temporary injunction 
     under this clause if the Commission, the Department of 
     Justice, or the attorney general of a State, as applicable, 
     demonstrates--

       (aa) there is a plausible claim, supported by substantial 
     evidence raising sufficiently serious questions going to the 
     merits to make them fair ground for litigation, that a 
     covered platform operator violated this division;
       (bb) that the conduct alleged to violate this division 
     materially impairs the ability of business users to compete 
     with the covered platform operator; and
       (cc) a temporary injunction would be in the public 
     interest.

       (III) Duration.--A temporary injunction under this clause 
     shall expire not later than the date that is 120 days after 
     the date on which a complaint under this subsection is filed.
       (IV) Termination.--The court shall terminate a temporary 
     injunction under this clause if the covered platform operator 
     demonstrates that--

       (aa) the Commission, the Department of Justice, or the 
     attorney general of the State seeking relief under this 
     subsection has not taken reasonable steps to investigate 
     whether a violation has occurred; or
       (bb) allowing the temporary injunction to continue would 
     harm the public interest.

       (V) Other equitable relief.--Nothing in this clause shall 
     prevent or limit the Commission, the Department of Justice, 
     or any attorney general of any State from seeking other 
     equitable relief, including the relief provided in this 
     paragraph.

       (D) Forfeiture for repeat offenders.--
       (i) In general.--If a person has engaged in a pattern or 
     practice of violating this division, the court shall consider 
     requiring, and may order, that the chief executive officer of 
     the person, and any other corporate officer of the person as 
     appropriate to deter violations of this division, forfeit to 
     the United States Treasury any compensation received by that 
     chief executive officer or corporate officer during the 12 
     months preceding the filing of a complaint for an alleged 
     violation of this division.
       (ii) Forfeiture process.--Prior to ordering any chief 
     executive officer or corporate officer to forfeit 
     compensation under subsection (I), the court shall provide 
     such chief executive officer or corporate officer with 
     reasonable notice that the court is considering ordering 
     forfeiture under this section and provide an opportunity for 
     such chief executive officer or corporate officer to appear 
     and be heard before the court at a hearing on such potential 
     forfeiture.
       (7) Statute of limitations.--A proceeding for a violation 
     of this section may be commenced not later than 6 years after 
     such violation occurs.
       (8) Rules of construction.--
       (A) In general.--Nothing in subsection (a) may be 
     construed--
       (i) to require a covered platform operator to divulge or 
     license any intellectual property, including any trade 
     secrets, business secrets, or other confidential proprietary 
     business processes, owned by or licensed to the covered 
     platform operator;
       (ii) to prevent a covered platform operator from asserting 
     its preexisting rights under intellectual property law to 
     prevent the unauthorized use of any intellectual property 
     owned by or duly licensed to the covered platform operator;
       (iii) to require a covered platform operator to 
     interoperate or share data with persons or business users 
     that are on any list maintained by the Federal Government by 
     which entities--

       (I) are identified as limited or prohibited from engaging 
     in economic transactions as part of United States sanctions 
     or export-control regimes; or
       (II) have been identified as national security, 
     intelligence, or law enforcement risks;

       (iv) to prohibit a covered platform operator from promptly 
     requesting and obtaining the consent of a covered platform 
     user prior to providing access to the nonpublic, personally 
     identifiable information of the user to a covered platform 
     user under that subsection;
       (v) in a manner that would likely result in data on the 
     covered platform or data from another business user being 
     transferred to the Government of the People's Republic of 
     China or the government of a foreign adversary; or
       (vi) to impose liability on a covered platform operator 
     solely for offering--

       (I) full end-to-end encrypted messaging or full end-to-end 
     encrypted communication products or services; or
       (II) a fee-for-service subscription that provides benefits 
     to covered platform users on the covered platform.

       (B) Copyright and trademark violations.--An action taken by 
     a covered platform operator that is reasonably tailored to 
     protect the rights of third parties under section 106, 1101, 
     1201, or 1401 of title 17, United States Code, or rights 
     actionable under section 32 or 43 of the Act entitled ``An 
     Act to provide for the registration and protection of 
     trademarks used in commerce, to carry out the provisions of 
     certain international conventions, and for other purposes'', 
     approved July 5, 1946 (commonly known as the ``Lanham Act'' 
     or the ``Trademark Act of 1946'') (15 U.S.C. 1114, 1125), or 
     corollary State law, shall not be considered unlawful conduct 
     under subsection (a).
       (d) Covered Platform Designation.--
       (1) In general.--The Commission and the Department of 
     Justice may jointly, with concurrence of the other, designate 
     an online platform as a covered platform for the purpose of 
     implementing and enforcing this division, which shall--
       (A) be based on a finding that the criteria set forth in 
     section 102(a)(5)(B) are met;
       (B) be issued in writing and published in the Federal 
     Register; and
       (C) except as provided in paragraph (2), apply for a 7-year 
     period beginning on the date on which the designation is 
     issued, regardless of whether there is a change in control or 
     ownership over the covered platform.
       (2) Removal of covered platform designation.--The 
     Commission or the Department of Justice shall--
       (A) consider whether a designation of a covered platform 
     under paragraph (1) should be removed prior to the expiration 
     of the 7-year period if the covered platform operator files a 
     request with the Commission or the Department of Justice that 
     shows that the online platform no longer meets the criteria 
     set forth in section 102(a)(5)(B);
       (B) determine whether to grant a request submitted under 
     subparagraph (A) not later than 120 days after the date on 
     which the request is filed;
       (C) obtain the concurrence of the Commission or the 
     Department of Justice, as appropriate, before granting a 
     request submitted under subparagraph (A); and
       (D) publish any decision to grant or deny removal of a 
     covered platform designation in the Federal Register.
       (3) Judicial review.--Any person operating an online 
     platform that has been designated as a covered platform under 
     paragraph (1) or whose request for removal of such a 
     designation under paragraph (2) is denied may, within 30 days 
     of the issuance of such designation or decision, petition for 
     review of such designation or decision in the United States 
     Court of Appeals for the District of Columbia Circuit.

     SEC. 104. ENFORCEMENT GUIDELINES.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Commission and the Department of 
     Justice, in consultation with other relevant Federal

[[Page S9639]]

     agencies and State attorneys general, shall jointly issue 
     agency enforcement guidelines outlining policies and 
     practices relating to conduct that may materially harm 
     competition under section 103(a), agency interpretations of 
     the affirmative defenses under section 103(b), and policies 
     for determining the appropriate amount of a civil penalty to 
     be sought under section 103(c), with the goal of promoting 
     transparency, deterring violations, fostering innovation and 
     procompetitive conduct, and imposing sanctions proportionate 
     to the gravity of individual violations.
       (b) Updates.--The Commission and the Department of Justice 
     shall update the joint guidelines issued under subsection (a) 
     as needed to reflect current agency policies and practices, 
     but not less frequently than once every 4 years beginning on 
     the date of enactment of this Act.
       (c) Public Notice and Comment.--Before issuing guidelines, 
     or updates to those guidelines, under this section, the 
     Commission and the Department of Justice shall--
       (1) publish proposed guidelines in draft form; and
       (2) provide public notice and opportunity for comment for 
     not less than 60 days after the date on which the draft 
     guidelines are published.
       (d) Operation.--The joint guidelines issued under this 
     section do not--
       (1) confer any rights upon any person, State, or locality; 
     and
       (2) operate to bind the Commission, Department of Justice, 
     or any person, State, or locality to the approach recommended 
     in the guidelines.

     SEC. 105. RULE OF CONSTRUCTION.

       Nothing in this division may be construed to limit--
       (1) any authority of the Department of Justice or the 
     Commission under the antitrust laws, section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45), or any other provision 
     of law; or
       (2) the application of any law.

     SEC. 106. SEVERABILITY.

       If any provision of this division, or the application of 
     such provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this division, and the 
     application of the remaining provisions of this division, to 
     any person or circumstance, shall not be affected.

     SEC. 107. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     division shall take effect on the date of enactment of this 
     Act.
       (b) Exception.--Section 103(a) shall take effect on the 
     date that is 1 year after the date of enactment of this Act.
       (c) Authority.--The exception in subsection (b) shall not 
     limit the authority of the Commission or Department of 
     Justice to implement other sections of this division.
                                 ______
                                 
  SA 6568. Ms. KLOBUCHAR (for herself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

          DIVISION__--JOURNALISM COMPETITION AND PRESERVATION

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Journalism Competition 
     and Preservation Act of 2022''.

     SEC. 102. DEFINITIONS.

       In this division:
       (1) Access.--The term ``access'' means acquiring, crawling, 
     or indexing content.
       (2) Antitrust laws.--The term ``antitrust laws''--
       (A) has the meaning given the term in subsection (a) of the 
     first section of the Clayton Act (15 U.S.C. 12); and
       (B) includes--
       (i) section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) to the extent that section applies to unfair 
     methods of competition; and
       (ii) any State law (including regulations) that prohibits 
     or penalizes the conduct described in, or is otherwise 
     inconsistent with, sections 103 or 104.
       (3) Covered platform.--The term ``covered platform'' means 
     an online platform that at any point during the 12 months 
     preceding the formation of a joint negotiation entity under 
     section 103(a)(1)--
       (A) has at least 50,000,000 United States-based monthly 
     active users or subscribers on the online platform;
       (B) is owned or controlled by a person with--
       (i) United States net annual sales or a market 
     capitalization greater than $550,000,000,000, adjusted for 
     inflation on the basis of the Consumer Price Index; or
       (ii) not fewer than 1,000,000,000 worldwide monthly active 
     users on the online platform; and
       (C) is not an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986.
       (4) Eligible broadcaster.--The term ``eligible 
     broadcaster'' means a person that--
       (A) holds or operates under a license issued by the Federal 
     Communications Commission under title III of the 
     Communications Act of 1934 (47 U.S.C. 301 et seq.);
       (B) engages professionals to create, edit, produce, and 
     distribute original content concerning local, regional, 
     national, or international matters of public interest through 
     activities including conducting interviews, observing current 
     events, analyzing documents and other information, and fact 
     checking through multiple firsthand or secondhand news 
     sources;
       (C) updates its content on at least a weekly basis;
       (D) uses an editorial process for error correction and 
     clarification, including a transparent process for reporting 
     errors or complaints to the station; and
       (E) is not a television network.
       (5) Eligible digital journalism provider.--The term 
     ``eligible digital journalism provider'' means any eligible 
     publisher or eligible broadcaster that discloses its 
     ownership to the public.
       (6) Eligible publisher.--The term ``eligible publisher'' 
     means any person that publishes 1 or more qualifying 
     publications.
       (7) Network station.--The term ``network station'' means a 
     television broadcast station, including any translator 
     station or terrestrial satellite station that rebroadcasts 
     all or substantially all of the programming broadcast by a 
     network station, that is owned or operated by, or affiliated 
     with, 1 or more television networks.
       (8) Online platform.--The term ``online platform'' means a 
     website, online or mobile application, operating system, 
     digital assistant, or online service that accesses news 
     articles, works of journalism, or other content, or portions 
     thereof, generated, created, produced, or owned by eligible 
     digital journalism providers, and aggregates, displays, 
     provides, distributes, or directs users to such content.
       (9) Person.--The term ``person'' includes an individual or 
     entity existing under or authorized by the laws of the United 
     States, the laws of any of territory of the United States, 
     the laws of any State, the laws of the District of Columbia, 
     or the laws of any foreign country.
       (10) Pricing, terms, and conditions.--The term ``pricing, 
     terms, and conditions'' does not include any term or 
     condition which relates to the use, display, promotion, 
     ranking, distribution, curation, suppression, throttling, 
     filtering, or labeling of the content or viewpoint of any 
     person.
       (11) Qualifying publication.--The term ``qualifying 
     publication'' means any website, mobile application, or other 
     digital service that--
       (A) does not primarily display, provide, distribute, or 
     offer content generated, created, produced, or owned by an 
     eligible broadcaster or television network; and
       (B)(i) provides information to an audience primarily in the 
     United States;
       (ii) performs a public-information function comparable to 
     that traditionally served by newspapers and other periodical 
     news publications;
       (iii) engages professionals to create, edit, produce, and 
     distribute original content concerning local, regional, 
     national, or international matters of public interest through 
     activities, including conducting interviews, observing 
     current events, or analyzing documents and other information, 
     and fact checking through multiple firsthand or secondhand 
     news sources;
       (iv) updates its content on at least a weekly basis;
       (v) has an editorial process for error correction and 
     clarification, including a transparent process for reporting 
     errors or complaints to the publication;
       (vi)(I) generated at least $100,000 in annual revenue from 
     its editorial content in the previous calendar year; or
       (II) has an International Standard Serial Number assigned 
     to an affiliated periodical before the date of enactment of 
     this Act;
       (vii) has not less than 25 percent of its editorial content 
     consisting of information about topics of current local, 
     national, or international public interest;
       (viii) employed not more than 1,500 exclusive full-time 
     employees during the 12-month period prior to the date of 
     enactment of this Act;
       (ix) is not controlled or wholly or partially owned by an 
     entity that is--
       (I) a foreign power or an agent of a foreign power, as 
     those terms are defined in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
       (II)(aa) designated as a foreign terrorist organization 
     pursuant to section 219(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1189(a));
       (bb) a terrorist organization, as defined in section 
     212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)(vi)(II));
       (cc) designated as a specially designated global terrorist 
     organization under Executive Order 13224 (50 U.S.C. 1701 
     note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism); or
       (dd) an affiliate of an entity described in item (aa), 
     (bb), or (cc); or
       (III) an entity that has been convicted of violating, or 
     attempting to violate, section 2331, 2332b, or 2339A of title 
     18, United States Code; and
       (x) is not--
       (I) an organization described in section 501(c)(4) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (II) an organization described in section 527 of the 
     Internal Revenue Code of 1986;

[[Page S9640]]

       (III) an organization--

       (aa) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code; and
       (bb) that is not a public broadcasting entity, as defined 
     in section 397 of the Communications Act of 1934 (47 U.S.C. 
     397); or

       (IV) an organization that is owned or controlled (directly 
     or indirectly) by 1 or more organizations described in 
     subclause (I), (II), or (III).
       (12) Television network.--The term ``television network''--
       (A) means any person that, on February 8, 1996, offered an 
     interconnected program service on a regular basis for 15 or 
     more hours per week to at least 25 affiliated television 
     licensees in 10 or more States; and
       (B) does not include any network station that is owned or 
     operated by, or affiliated with a person described in 
     subparagraph (A).

     SEC. 103. FRAMEWORK FOR CERTAIN JOINT NEGOTIATIONS.

       (a) Notice.--
       (1) Process to form a joint negotiation entity.--
       (A) In general.--An eligible digital journalism provider 
     shall provide public notice to announce the opportunity for 
     other eligible digital journalism providers to join a joint 
     negotiation entity for the purpose of engaging in joint 
     negotiations with a covered platform under this section, 
     regarding the pricing, terms, and conditions by which the 
     covered platform may access the content of the eligible 
     digital journalism providers that are members of the joint 
     negotiation entity.
       (B) Application.--During the 60-day period beginning on the 
     date public notice is made under subparagraph (A), any 
     eligible digital journalism provider may apply to join the 
     joint negotiation entity.
       (C) Formation.--A joint negotiation entity is established 
     upon the agreement of 2 or more eligible digital journalism 
     providers, and may create admission criteria for membership 
     unrelated to the size of an eligible digital journalism 
     provider or the views expressed by its content, including 
     criteria to limit membership to only eligible publishers or 
     only eligible broadcasters.
       (D) Governance.--By a majority vote of its members, a joint 
     negotiation entity formed under this section shall establish 
     rules and procedures to govern decision making by the entity 
     and each eligible digital journalism provider shall be 
     entitled to 1 vote on any matter submitted to a vote of the 
     members.
       (E) Additional members.--After the expiration of the 60-day 
     period described in subparagraph (B), an eligible digital 
     journalism provider may apply to join the joint negotiation 
     entity, and may be admitted to the joint negotiation entity 
     upon a majority vote of its members, if the applicant 
     otherwise satisfies any criteria for admission established by 
     the joint negotiation entity.
       (F) Designation.--A joint negotiation entity may designate 
     agents on a nonexclusive basis--
       (i) to engage in negotiations with a covered platform 
     conducted under this section; and
       (ii) to agree to pay or receive payments under or related 
     to an agreement negotiated under this section or an 
     arbitration decision issued under section 104.
       (G) Opt-out.--
       (i) In general.--After becoming a member of the joint 
     negotiation entity, an eligible digital journalism provider 
     may opt out of the joint negotiation entity at any time 
     before notice is sent to the covered platform under paragraph 
     (2).
       (ii) Prohibition on rejoining.--If an eligible digital 
     journalism provider opts out of a joint negotiation entity 
     under clause (i), the eligible digital journalism provider 
     may not--

       (I) rejoin the joint negotiation entity; or
       (II) receive any payment under or related to an agreement 
     negotiated by the joint negotiation entity under this section 
     or an arbitration decision issued under section 104.

       (H) Termination.--A joint negotiation entity will terminate 
     and cease to exist--
       (i) when the entity no longer has at least 2 members;
       (ii) upon a majority vote of its members; or
       (iii) upon the expiration or termination of an agreement 
     negotiated under this section or an arbitration decision 
     issued under section 104.
       (2) Notice to a covered platform to initiate a joint 
     negotiation.--
       (A) In general.--A joint negotiation under this section 
     shall commence after a covered platform receives a notice, 
     sent by or on behalf of a joint negotiation entity.
       (B) Contents of notice.--The notice described in 
     subparagraph (A) shall--
       (i) state that the joint negotiation entity is initiating a 
     negotiation under this section to reach an agreement 
     regarding the pricing, terms, and conditions by which the 
     covered platform may access the content of the eligible 
     digital journalism providers that are members of the joint 
     negotiation entity;
       (ii) identify the eligible digital journalism providers 
     that are members of the joint negotiation entity; and
       (iii) provide the physical mail address (street address or 
     post office box), telephone number, and email address of a 
     representative authorized to receive a response to the notice 
     on behalf of the joint negotiation entity.
       (C) Reply.--Not later than 30 days after receiving a notice 
     described in subparagraph (A), the covered platform shall 
     send a reply notice to the authorized representative 
     identified by or on behalf of the joint negotiation entity to 
     acknowledge receipt of the notice.
       (D) Notice to federal enforcers.--Copies of any notice 
     described in subparagraph (A) shall be filed by or on behalf 
     of the eligible digital journalism providers that are members 
     of the joint negotiation entity with the Federal Trade 
     Commission and the Assistant Attorney General in charge of 
     the Antitrust Division of the Department of Justice not later 
     than 30 days after the notice is sent to the covered 
     platform.
       (b) Conduct of the Joint Negotiations.--After the date a 
     reply notice is sent under subsection (a)(2)(C), the 
     following shall apply:
       (1) Any negotiation conducted under this section shall be 
     conducted in good faith and solely to reach an agreement 
     regarding the pricing, terms, and conditions under which the 
     covered platform may access the content of the eligible 
     digital journalism providers.
       (2) No pre-agreement discussions or agreement reached 
     regarding pricing, terms, and conditions under this section 
     may address whether or how the covered platform or any such 
     eligible digital journalism provider--
       (A) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of the 
     eligible digital journalism providers; or
       (B) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of any 
     other person.
       (3) A party is not conducting negotiations in good faith in 
     accordance with paragraph (1) if the party--
       (A) refuses to negotiate, except where eligible digital 
     journalism providers decide to jointly deny a covered 
     platform access to content licensed or produced by such 
     eligible digital journalism providers under subsection (c);
       (B) refuses to designate a representative with authority to 
     make binding representations;
       (C) refuses to meet and negotiate at reasonable times and 
     locations or otherwise causes unreasonable delay;
       (D) refuses to put forth more than a single, unilateral 
     proposal;
       (E) fails to respond to a proposal of the other party, 
     including the reasons for rejection;
       (F) enters into a separate third-party agreement that 
     unreasonably impedes the party from reaching an agreement 
     with the negotiating party; or
       (G) refuses to execute a full and written agreement that 
     has been reached verbally.
       (4) A covered platform is not conducting negotiations in 
     good faith in accordance with paragraph (1) if the covered 
     platform enters into a separate agreement with an eligible 
     digital journalism provider that impedes the eligible digital 
     journalism provider from participating in a negotiation under 
     this section.
       (5) During any negotiation conducted under this section, 
     the joint negotiation entity and the covered platform shall 
     each make a reasonable offer regarding the pricing, terms, 
     and conditions by which the covered platform may access the 
     content of the eligible digital journalism providers that are 
     members of the joint negotiation entity, substantiated with 
     comprehensive data and methodologies, including expert 
     analysis, that reflects--
       (A) the pricing, terms, and conditions comparable to those 
     found in commercial agreements between similarly situated 
     entities, including price, duration, territory, value of data 
     generated directly or indirectly by the content;
       (B) the fair market value to the covered platform of having 
     access to the content of the eligible digital journalism 
     providers that are members of the joint negotiation entity 
     and the resulting incremental contribution to the revenue of 
     the covered platform, including direct and indirect 
     advertising or promotional revenues, which shall not be 
     offset by any value conferred upon the eligible digital 
     journalism providers that are members of the joint 
     negotiation entity by the covered platform for aggregating or 
     distributing their content; and
       (C) the investment of the eligible digital journalism 
     providers that are members of the joint negotiation entity in 
     producing original news and related content, including the 
     number of journalists employed by each.
       (c) Joint Withholding of Content.--At any point after a 
     notice is sent to the covered platform to initiate joint 
     negotiations under subsection (a)(2), the eligible digital 
     journalism providers that are members of the joint 
     negotiation entity may jointly deny the covered platform 
     access to content licensed or produced by such eligible 
     digital journalism providers.

     SEC. 104. ARBITRATION FOR ELIGIBLE PUBLISHERS.

       (a) Right to Final Offer Arbitration.--
       (1) In general.--If the membership of a joint negotiation 
     entity consists only of eligible publishers, on or after the 
     date that is 180 days after the date negotiations under 
     section 103 begin, the joint negotiation entity may initiate 
     a final offer arbitration against the covered platform for an 
     arbitration panel to determine the pricing, terms, and 
     conditions by which the content displayed, provided, 
     distributed, or offered by a qualifying publication of any 
     eligible publisher that is a member of the joint negotiation 
     entity will be accessed by the covered platform if the 
     parties are unable to reach an agreement and regardless of 
     whether the joint negotiation entity, its members, or the

[[Page S9641]]

     covered platform complied with the requirements of section 
     103(b).
       (2) Effect of additional members.--If an additional member 
     joins the joint negotiation entity under section 103(a)(1)(E) 
     more than 90 days after the date negotiations under section 
     103 begin, the joint negotiation entity may not initiate a 
     final offer arbitration under paragraph (1) until 180 days 
     after the date the last member joins the joint negotiation 
     entity. No additional members may join the joint negotiation 
     entity after the arbitration has commenced.
       (b) Notice.--The joint negotiation entity shall provide 
     notice of its intention to initiate final offer arbitration 
     under this section to all of the members of the joint 
     negotiation entity no less than 10 days prior to initiating 
     such final offer arbitration.
       (c) Membership.--If a joint negotiation entity initiates 
     final offer arbitration under this section, any individual 
     eligible publisher that is a member of the joint negotiation 
     entity shall remain a member of the joint negotiation entity 
     until the completion of the arbitration, unless the eligible 
     publisher provides written notice to the joint negotiation 
     entity of its intention to withdraw from the joint 
     negotiation entity within 7 days of receiving notice under 
     subsection (b).
       (d) Proceedings.--
       (1) Rules of arbitration.--The arbitration shall be decided 
     by a panel of 3 arbitrators under the American Arbitration 
     Association's Commercial Arbitration Rules and Mediation 
     Procedures and the American Arbitration Association-
     International Centre for Dispute Resolution Final Offer 
     Arbitration Supplementary Rules, except to the extent they 
     conflict with this subsection.
       (2) Initiation of arbitration.--A final offer arbitration 
     under subsection (a) shall be initiated as provided in Rule 
     R-4 of the American Arbitration Association's Commercial 
     Arbitration Rules and Mediation Procedures, except that the 
     joint negotiation entity initiating the arbitration shall 
     refer to this division in its demand for arbitration, rather 
     than submitting contractual arbitration provisions.
       (3) Commencement and funding.--
       (A) Commencement.--A final offer arbitration proceeding 
     shall commence 10 days after the date a final offer 
     arbitration is initiated under subsection (a).
       (B) Funding.--The cost of administering the arbitration 
     proceeding, including arbitrator compensation, expenses, and 
     administrative fees, shall be shared equally between the 
     covered platform and the joint negotiation entity.
       (4) Appointment of the arbitration panel.--The arbitrators 
     shall be appointed in accordance with the American 
     Arbitration Association's Commercial Arbitration Rules and 
     Mediation Procedures.
       (5) Other requirements.--During a final offer arbitration 
     proceeding under this section--
       (A) the joint negotiation entity and the covered platform 
     may demand the production of documents and information that 
     are nonprivileged, reasonably necessary, and reasonably 
     accessible without undue expense;
       (B) documents and information described in subparagraph (A) 
     shall be exchanged not later than 30 days after the date the 
     demand is filed;
       (C) rules regarding the admissibility of evidence 
     applicable in Federal court shall apply;
       (D) the joint negotiation entity and covered platform shall 
     each submit a final offer proposal for the pricing, terms, 
     and conditions under which the content displayed, provided, 
     distributed, or offered by a qualifying publication of any 
     eligible publisher that is a member of the joint negotiation 
     entity will be accessed by the covered platform, and which 
     shall include the remuneration that the eligible publishers 
     should receive from the covered platform for programmatic 
     access to the content of the eligible publishers that are 
     members of the joint negotiation entity during the period 
     under negotiation based on the fair market value of such 
     access, which shall include backup materials sufficient to 
     permit the other party to replicate the proffered valuation;
       (E) no discussion or final offer under this section may 
     address whether or how the covered platform or any such 
     eligible digital journalism provider--
       (i) displays, ranks, distributes, suppresses, promotes, 
     throttles, labels, filters, or curates the content of the 
     eligible digital journalism providers; or
       (ii) displays, ranks distributes, suppresses, promotes, 
     throttles, labels, filters or curates the content of any 
     other person; and
       (F) if applicable, each eligible publisher that is a member 
     of the joint negotiation entity shall provide information and 
     data to guide the distribution of remuneration among the 
     members of the joint negotiation entity, including--
       (i) any compensation received by the eligible publisher 
     through commercial agreement prior to commencement of 
     negotiations under section 103 for access to content by the 
     covered platform during any part of the period under 
     negotiation, which shall be deducted from its allocation 
     accordingly; and
       (ii) spending by the eligible publisher on news 
     journalists, which are employed for an average of not fewer 
     than 20 hours per week during the calendar quarter by the 
     eligible digital journalism provider and are responsible for 
     gathering, preparing, directing the recording of, producing, 
     collecting, photographing, recording, writing, editing, 
     reporting, presenting, or publishing original news or 
     information that concerns local, regional, national, or 
     international matters of public interest in the previous 
     fiscal year, as a proportion of its overall budget of the 
     eligible digital journalism provider for that period, which 
     shall be used to guide 65 percent of the distribution of 
     remuneration among the members of the joint negotiation 
     entity.
       (e) Award.--
       (1) In general.--Not later than 60 days after the date 
     proceedings commence under subsection (d)(3)(A), the 
     arbitration panel shall issue an award that selects a final 
     offer from 1 of the parties without modification.
       (2) Requirements.--In issuing an award under paragraph (1), 
     the arbitration panel--
       (A) may not consider any value conferred upon any eligible 
     publisher by the covered platform for distributing or 
     aggregating its content as an offset to the value created by 
     such eligible publisher;
       (B) shall consider past incremental revenue contributions 
     as a guide to the future incremental revenue contribution by 
     any eligible publisher;
       (C) shall consider the pricing, terms, and conditions of 
     any available, comparable commercial agreements between 
     parties granting access to digital content, including 
     pricing, terms, and conditions relating to price, duration, 
     territory, the value of data generated directly or indirectly 
     by the content accounting for any material disparities in 
     negotiating power between the parties to such commercial 
     agreements; and
       (D) shall issue a binding, reasoned award, including the 
     factual and economic bases of its award, that applies for the 
     number of years set forth in the winning proposal, but not 
     fewer than 5 years.
       (f) Payments Pursuant to Award.--
       (1) In general.--Not later than 90 days after the date an 
     award is issued under subsection (e), the covered platform 
     shall begin paying any eligible publisher that was a member 
     of the joint negotiation entity participating in the 
     arbitration according to the terms in the final offer 
     selected by the arbitration panel.
       (2) Disbursement.--Payments made under paragraph (1) shall 
     be dispersed by a claims administrator to the individual 
     claimants that comprise the joint negotiation entity not 
     later than 60 days after the date the funds were received 
     from the covered platform.
       (g) Enforcement and Judicial Review.--
       (1) In general.--An award made under subsection (e) shall 
     be enforceable by the eligible publishers or the covered 
     platform subject to the award through a civil action brought 
     before a district court of the United States.
       (2) Expedited judicial process.--In any civil action to 
     enforce or seek judicial review of an award made under 
     subsection (e), the court shall adopt a rebuttable 
     presumption that good cause exists to prioritize the action 
     under section 1657 of title 28, United States Code.

     SEC. 105. LIMITATION OF LIABILITY.

       (a) In General.--In accordance with sections 103 and 104, 
     it shall not be in violation of the antitrust laws for any 
     eligible digital journalism providers that are members of a 
     joint negotiation entity to--
       (1) jointly deny a covered platform access to content for 
     which the eligible digital journalism providers, individually 
     or jointly, have the right to negotiate or arbitrate access 
     with respect to the covered platform; or
       (2) participate in joint negotiations and arbitration, as 
     members of the joint negotiation entity, with such covered 
     platform solely regarding the pricing, terms, and conditions 
     under which the covered platform may access the content for 
     which the eligible digital journalism providers, individually 
     or jointly, have the right to negotiate or arbitrate access 
     with respect to the covered platform.
       (b) Safe Harbor.--
       (1) Eligible digital journalism providers.--An eligible 
     digital journalism provider shall not be in violation of the 
     antitrust laws if the eligible digital journalism provider 
     participates, as a member of a joint negotiation entity, in 
     negotiations under section 103 or arbitration under section 
     104--
       (A) with a person that is not an eligible digital 
     journalism provider, if the eligible digital journalism 
     provider reasonably believes that the person is another 
     eligible digital journalism provider; or
       (B) with a person that is not a covered platform, if the 
     eligible digital journalism provider reasonably believes that 
     the person is a covered platform.
       (2) Joint negotiation entities.--A joint negotiation entity 
     shall not be in violation of the antitrust laws if the joint 
     negotiation entity engages in negotiations under section 103 
     or arbitration under section 104--
       (A) with or on behalf of a person that is not an eligible 
     digital journalism provider, if the joint negotiation entity 
     reasonably believes that the person is an eligible digital 
     journalism provider; or
       (B) with a person that is not a covered platform, if the 
     joint negotiation entity reasonably believes that the person 
     is a covered platform.
       (c) Notification of Agreements and Arbitration Decisions.--
       (1) Agreements.--The parties to any written agreement, 
     resulting from a negotiation under section 103 or 
     implementing an arbitration decision issued under section 
     104,

[[Page S9642]]

     shall file a copy of such agreement with the Federal Trade 
     Commission and the Assistant Attorney General in charge of 
     the Antitrust Division of the Department of Justice not later 
     than 60 days after such agreement is executed.
       (2) Arbitration decisions.--The parties to any arbitration 
     decision issued under section 104, shall file a copy of such 
     decision with the Federal Trade Commission and the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice not later than 60 days after such 
     decision is issued.
       (3) Public disclosure.--The Federal Trade Commission shall 
     make the documents submitted under this subsection available 
     to the public on the Federal Trade Commission's website.
       (d) Limitation Regarding the Scope of Limitation of 
     Liability.--No antitrust immunity shall apply to any 
     negotiations, discussions, agreements, or arbitrations 
     relating to the use, display, promotion, ranking, 
     distribution, curation, suppression, throttling, filtering, 
     or labeling of the content of the eligible digital journalism 
     provider or of any other person. The limitation of liability 
     under this section shall apply only to negotiations, 
     discussions, agreements, or arbitrations regarding the 
     pricing, terms, and conditions under which the covered 
     platform may access the content of the eligible digital 
     journalism provider, not to any discussions or agreements 
     that differentiate content based on the viewpoint expressed 
     by such content.

     SEC. 106. NONDISCRIMINATION, RETALIATION, AND TRANSPARENCY.

       (a) Nondiscrimination.--
       (1) Joint negotiation entities.--A joint negotiation entity 
     may not discriminate against any eligible digital journalism 
     provider based on the size of the eligible digital journalism 
     provider or the views expressed by the eligible digital 
     journalism provider's content.
       (2) Covered platforms.--No covered platform may 
     discriminate against any eligible digital journalism provider 
     that is a member of a joint negotiation entity in connection 
     with a negotiation conducted under section 103, or an 
     arbitration conducted under section 104, based on the size of 
     the eligible digital journalism provider or the views 
     expressed by the eligible digital journalism provider's 
     content.
       (b) Prohibition on Retaliation by Covered Platforms.--
       (1) In general.--No covered platform may retaliate against 
     an eligible digital journalism provider for participating in 
     a negotiation conducted under section 103, or an arbitration 
     conducted under section 104, including by refusing to index 
     content or changing the ranking, identification, 
     modification, branding, or placement of the content of the 
     eligible digital journalism provider on the covered platform.
       (2) Effect of contract provisions.--Any provision in an 
     agreement that restricts an eligible digital journalism 
     provider from receiving compensation through a negotiation 
     conducted under section 103 or an arbitration conducted under 
     section 104 shall be void.
       (c) Investing in Journalism.--
       (1) In general.--Without disclosing confidential 
     information regarding the pricing, terms, and conditions of 
     an agreement reached under section 103, an agreement 
     implementing an arbitration decision issued under section 
     104, or an arbitration decision issued under section 104, or 
     confidential financial information, any eligible digital 
     journalism provider that receives funds under or related to 
     such agreement or arbitration decision shall provide to the 
     Federal Trade Commission, on an annual basis, information 
     regarding the use of any such funds during the prior year to 
     support ongoing and future operations to maintain or enhance 
     the production and distribution of news or information that 
     concerns local, regional, national, or international matters 
     of public interest, including--
       (A) the amount of funds received under or related to each 
     such agreement or decision; and
       (B) a good-faith estimate of the amount of funds that went 
     to news journalists employed for an average of not fewer than 
     20 hours per week during the calendar year by the eligible 
     digital journalism provider.
       (2) Public disclosure.--The Federal Trade Commission shall 
     make the disclosures submitted under paragraph (1) available 
     to the public on the Federal Trade Commission's website.

     SEC. 107. PRIVATE RIGHTS OF ACTION.

       (a) Negotiations.--
       (1) In general.--Any eligible digital journalism provider, 
     either jointly with other eligible digital journalism 
     providers or through an authorized representative, or covered 
     platform that participated in negotiations under section 103 
     may bring a civil action in an appropriate district court of 
     the United States alleging a violation of section 103(b).
       (2) Damages.--A court shall award damages to a prevailing 
     plaintiff under this subsection--
       (A) approximating the value of the last reasonable offer of 
     the plaintiff if the defendant did not conduct negotiations 
     in good faith in violation of section 103(b)(1);
       (B) approximating the value of the last reasonable offer of 
     the plaintiff if the defendant--
       (i) did not conduct negotiations in good faith in violation 
     of section 103(b)(1); and
       (ii) had not yet extended a reasonable offer; or
       (C) approximating the value of the plaintiff's last 
     reasonable offer if the defendant did not make a reasonable 
     offer in violation of section 103(b)(5).
       (3) Attorneys fees.--A court shall award attorney's fees to 
     the prevailing party under this subsection.
       (b) Discrimination.--
       (1) Joint negotiation entities.--
       (A) In general.--An eligible digital journalism provider 
     that is denied membership in a joint negotiation entity in 
     violation of section 106(a)(1) may bring a civil action in an 
     appropriate district court of the United States against the 
     joint negotiation entity and its members not later than 30 
     days after the date membership is denied.
       (B) Remedies.--
       (i) Before agreement or arbitration decision.--

       (I) In general.--An eligible digital journalism provider 
     that prevails in an action under subparagraph (A) before the 
     date an agreement is executed under section 103 or an 
     arbitration decision is issued under section 104, as 
     applicable, regarding the pricing, terms, and conditions by 
     which the covered platform may access the content of the 
     eligible digital journalism providers that are members of the 
     joint negotiation entity, may join the joint negotiation 
     entity and participate in the negotiation under section 103 
     or the arbitration under section 104, as applicable.
       (II) Notice.--A notice, by or on behalf of the joint 
     negotiation entity, shall be sent to the covered platform to 
     identify the eligible digital journalism provider that joins 
     the negotiation or arbitration under subclause (I).

       (ii) After agreement or arbitration decision.--

       (I) In general.--An eligible digital journalism provider 
     that prevails in an action under subparagraph (A) after the 
     date an agreement is executed under section 103 or an 
     arbitration decision is issued under section 104, as 
     applicable, regarding the pricing, terms, and conditions by 
     which the covered platform may access the content of the 
     eligible digital journalism providers that are members of the 
     joint negotiation entity, may join the joint negotiation 
     entity and be eligible for the same pricing, terms, and 
     conditions by which the covered platform may access the 
     content of the other eligible digital journalism providers 
     that are members of the joint negotiation entity.
       (II) Notice.--A notice, by or on behalf of the joint 
     negotiation entity, shall be sent to the covered platform to 
     identify the eligible digital journalism provider that joins 
     the joint negotiation entity under subclause (I) and that is 
     eligible to receive the same pricing, terms, and conditions 
     under the agreement negotiated under section 103 or the 
     arbitration decision issued under section 104, as applicable, 
     by which the covered platform may access the content of the 
     other eligible digital journalism providers that are members 
     of the joint negotiation entity.

       (2) Covered platforms.--
       (A) In general.--An eligible digital journalism provider 
     that is discriminated against in violation of section 
     106(a)(2) may bring a civil action in an appropriate district 
     court of the United States against the covered platform.
       (B) Remedies.--An eligible digital journalism provider that 
     prevails under subparagraph (A) shall be entitled to--
       (i) recover the actual damages sustained by the eligible 
     digital journalism provider as a result of the 
     discrimination;
       (ii) injunctive relief on such terms as the court may deem 
     reasonable to prevent or restrain the covered platform from 
     discriminating against the eligible digital journalism 
     provider; and
       (iii) the costs of the suit, including reasonable 
     attorneys' fees.
       (c) Retaliation.--
       (1) In general.--An eligible digital journalism provider 
     that is retaliated against in violation of section 106(b)(1) 
     may bring a civil action in an appropriate district court of 
     the United States against the covered platform.
       (2) Remedies.--An eligible digital journalism provider that 
     prevails in an action under paragraph (1) shall be entitled 
     to--
       (A) recover the actual damages sustained by the eligible 
     digital journalism provider as a result of the retaliation;
       (B) injunctive relief on such terms as the court may deem 
     reasonable to prevent or restrain the covered platform from 
     retaliating against the eligible digital journalism provider; 
     and
       (C) the costs of the suit, including reasonable attorneys' 
     fees.

     SEC. 108. REPORT.

       (a) Study.--The Comptroller General shall study the impact 
     of the joint negotiations authorized under this division, 
     including a summary of the deals negotiated, the impact of 
     such deals on local and regional news, the effect on the 
     free, open, and interoperable Internet including the ability 
     of the public to share and access information, and the effect 
     this division has had on employment for journalists.
       (b) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study required under subsection 
     (a).

     SEC. 109. SUNSET.

       (a) In General.--Except as provided in subsections (b) and 
     (c), this division shall cease to have effect on the date 
     that is 6 years after the date of its enactment.

[[Page S9643]]

       (b) Exception in Case of Initiated but Incomplete Joint 
     Negotiation or Arbitration.--With respect to eligible digital 
     journalism providers that have initiated but not concluded a 
     negotiation under section 103 or an arbitration under section 
     104 on or before the sunset date described in subsection (a), 
     this division shall cease to be effective on the date such 
     negotiation or arbitration concludes or 180 days after the 
     date described in subsection (a), whichever occurs first.
       (c) Limitation of Liability Exception.--Section 105 shall 
     remain effective without cessation for any--
       (1) negotiation conducted or agreement executed under 
     section 103;
       (2) arbitration conducted or arbitration decision issued 
     under section 104; or
       (3) agreement implementing an arbitration decision issued 
     under section 104;
     during the period of effectiveness of this division.

     SEC. 110. RULE OF CONSTRUCTION.

       (a) Antitrust Laws.--Nothing in this division may be 
     construed to modify, impair, or supersede the operation of 
     the antitrust laws except as otherwise expressly provided in 
     this division.
       (b) Copyright and Trademark Law.--Nothing in this division 
     may be construed to modify, impair, expand, or in any way 
     alter rights pertaining to title 17, United States Code, or 
     the Lanham Act (15 U.S.C. 1051 et seq.)

     SEC. 111. SEVERABILITY.

       If any provision of this division, or the application of 
     such provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this division, and the 
     application of the remaining provisions of this division to 
     any person or circumstance shall not be affected.
                                 ______
                                 
  SA 6569. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 6558 submitted by Mr. Cassidy (for himself and Mr. Casey) 
and intended to be proposed to the amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section __6 (relating to a waiver of State 
     immunity).
                                 ______
                                 
  SA 6570. Mr. GRASSLEY (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 1930, strike line 12 and all that follows 
     through page 1931, line 6.
                                 ______
                                 
  SA 6571. Mr. SCHUMER proposed an amendment to amendment SA 6552 
proposed by Mr. Leahy to the bill H.R. 2617, to amend section 1115 of 
title 31, United States Code, to amend the description of how 
performance goals are achieved, and for other purposes; as follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 6572. Mr. SCHUMER proposed an amendment to the bill H.R. 2617, to 
amend section 1115 of title 31, United States Code, to amend the 
description of how performance goals are achieved, and for other 
purposes; as follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 4 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 6573. Mr. SCHUMER proposed an amendment to amendment SA 6572 
proposed by Mr. Schumer to the bill H.R. 2617, to amend section 1115 of 
title 31, United States Code, to amend the description of how 
performance goals are achieved, and for other purposes; as follows:

        On page 1, line 3, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 6574. Mr. SCHUMER proposed an amendment to amendment SA 6573 
proposed by Mr. Schumer to the amendment SA 6572 proposed by Mr. 
Schumer to the bill H.R. 2617, to amend section 1115 of title 31, 
United States Code, to amend the description of how performance goals 
are achieved, and for other purposes; as follows:

        On page 1, line 1, strike ``5'' and insert ``6''.
                                 ______
                                 
  SA 6575. Mr. GRAHAM (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

        On page 1857, after line 23, add the following:
       Sec. 1708. (a) The Attorney General may transfer to the 
     Secretary of State the proceeds of any covered forfeited 
     property for use by the Secretary of State to provide 
     assistance to Ukraine to remediate the harms of Russian 
     aggression towards Ukraine. Any such transfer shall be 
     considered foreign assistance under the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), including for purposes 
     of making available the administrative authorities and 
     implementing the reporting requirements contained in that 
     Act.
       (b) The Attorney General, in consultation with the 
     Secretary of the Treasury and the Secretary of State, shall 
     provide a semiannual report to the appropriate congressional 
     committees on any transfers made pursuant to subsection (a).
       (c) In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Finance of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on the Judiciary of the House of 
     Representatives;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on Financial Services of the House of 
     Representatives; and
       (H) the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``covered forfeited property'' means property 
     forfeited under chapter 46 or section 1963 of title 18, 
     United States Code, which property belonged to, was possessed 
     by, or was controlled by a person subject to sanctions and 
     designated by the Secretary of the Treasury or the Secretary 
     of State, or which property was involved in an act in 
     violation of sanctions enacted pursuant to Executive Order 
     14024, and as expanded by Executive Order 14066 of March 8, 
     2022, and relied on for additional steps taken in Executive 
     Order 14039 of August 20, 2021, and Executive Order 14068 of 
     March 11, 2022.
       (d) The authority under this section shall apply to any 
     covered forfeited property forfeited on or before May 1, 
     2025.
                                 ______
                                 
  SA 6576. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

        On page 410, after line 25, add the following:
       Sec. 8145.  The Secretary of the Navy shall continue to 
     provide pay and allowances to Lieutenant Ridge Alkonis, 
     United States Navy, until such time as the Secretary of the 
     Navy makes a determination with respect to the separation of 
     Lieutenant Alkonis from the Navy.
                                 ______
                                 
  SA 6577. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 6558 submitted by Mr. Cassidy (for himself and Mr. 
Casey) and intended to be proposed to the amendment SA 6552 proposed by 
Mr. Leahy to the bill H.R. 2617, to amend section 1115 of title 31, 
United States Code, to amend the description of how performance goals 
are achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section __7(b) and insert the following:
       (b) Rule of Construction.--This division shall not be 
     construed to require a religious entity described in section 
     702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a)) 
     to make an accommodation that would violate the entity's 
     religion (as defined in section 701(j) of such Act (42 U.S.C. 
     2000e(j))).
                                 ______
                                 
  SA 6578. Mr. HEINRICH (for Mr. Moran (for himself and Mr. Tester)) 
proposed an amendment to the bill H.R. 7939, to make permanent certain 
educational assistance benefits under the laws administered by the 
Secretary of Veterans Affairs in the case of changes to courses of 
education by reason of emergency situations, and for other purposes; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Auto and Education Improvement Act of 2022''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Educational assistance benefits during emergency situations.
Sec. 3. Extension of time limitations for use of entitlement.
Sec. 4. Extension of payment of vocational rehabilitation subsistence 
              allowances.

[[Page S9644]]

Sec. 5. Payment of work-study allowances during emergency situations.
Sec. 6. Payment of allowances to veterans enrolled in educational 
              institutions closed for emergency situations.
Sec. 7. Apprenticeship or on-job training requirements.
Sec. 8. Prohibition of charge to entitlement of students unable to 
              pursue a program of education due to an emergency 
              situation.
Sec. 9. Department of Veterans Affairs approval of certain study-abroad 
              programs.
Sec. 10. Eligibility for educational assistance under Department of 
              Veterans Affairs Post-9/11 Educational Assistance Program 
              of certain individuals who receive sole survivorship 
              discharges.
Sec. 11. Uniform application for Department of Veterans Affairs 
              approval of courses of education.
Sec. 12. Notice requirements for Department of Veterans Affairs 
              education surveys.
Sec. 13. Exception to requirement to submit verification of enrollment 
              of certain individuals.
Sec. 14. Expansion of eligibility for self-employment assistance under 
              veteran readiness and employment program.
Sec. 15. Possible definitions of certain terms relating to educational 
              assistance.
Sec. 16. Extension of certain limits on payments of pension.
Sec. 17. Termination of certain consumer contracts by servicemembers 
              and dependents who enter into contracts after receiving 
              military orders for permanent change of station but then 
              receive stop movement orders due to an emergency 
              situation.
Sec. 18. Residence for tax purposes.
Sec. 19. Portability of professional licenses of members of the 
              uniformed services and their spouses.
Sec. 20. Provision of nonarticulating trailers as adaptive equipment.
Sec. 21. Eligibility for Department of Veterans Affairs provision of 
              additional automobile or other conveyance.
Sec. 22. Department of Veterans Affairs treatment of certain vehicle 
              modifications as medical services.
Sec. 23. Determination of budgetary effects.

     SEC. 2. EDUCATIONAL ASSISTANCE BENEFITS DURING EMERGENCY 
                   SITUATIONS.

       (a) In General.--Chapter 36 of title 38, United States 
     Code, is amended--
       (1) by redesignating subchapters I and II as subchapters II 
     and III, respectively; and
       (2) by inserting before subchapter II, as so redesignated, 
     the following new subchapter:

                  ``SUBCHAPTER I--EMERGENCY SITUATIONS

     ``Sec. 3601. Definition of emergency situation

       ``In this chapter, the term `emergency situation' means a 
     situation that--
       ``(1) the President declares is an emergency; and
       ``(2) the Secretary determines is an emergency for purposes 
     of the laws administered by the Secretary.

     ``Sec. 3602. Continuation of educational assistance benefits 
       during emergency situations

       ``(a) Authority.--(1) If the Secretary determines under 
     subsection (c) that an individual is negatively affected by 
     an emergency situation, the Secretary may provide educational 
     assistance to that individual under the laws administered by 
     the Secretary as if such negative effects did not occur.
       ``(2) The authority under this section is in addition to 
     the other authorities of the Secretary to provide benefits in 
     emergency situations, but in no case may the Secretary 
     provide more than a total of four weeks of additional 
     educational assistance by reason of any other such authority 
     and this section.
       ``(b) Housing and Allowances.--In providing educational 
     assistance to an individual pursuant to subsection (a), the 
     Secretary may--
       ``(1) continue to pay a monthly housing stipend under 
     chapter 33 of this title, during a month the individual would 
     have been enrolled in a program of education or training but 
     for the emergency situation at the same rate such stipend 
     would have been payable if the individual had not been 
     negatively affected by the emergency situation, except that 
     the total number of weeks for which stipends may continue to 
     be so payable may not exceed four weeks; and
       ``(2) continue to pay payments or subsistence allowances 
     under chapters 30, 31, 32, 33, and 35 of this title and 
     chapter 1606 of title 10 during a month for a period of time 
     that the individual would have been enrolled in a program of 
     education or training but for the emergency situation, except 
     that the total number of weeks for which payments or 
     allowances may continue to be so payable may not exceed four 
     weeks.
       ``(c) Determination of Negative Effects.--The Secretary 
     shall determine that an individual was negatively affected by 
     an emergency situation if--
       ``(1) the individual is enrolled in a covered program of 
     education of an educational institution or enrolled in 
     training at a training establishment and is pursuing such 
     program or training using educational assistance under the 
     laws administered by the Secretary;
       ``(2) the educational institution or training establishment 
     certifies to the Secretary that such program or training is 
     truncated, delayed, relocated, canceled, partially canceled, 
     converted from being on-site to being offered by distance 
     learning, or otherwise modified or made unavailable by reason 
     of the emergency situation; and
       ``(3) the Secretary determines that the modification to 
     such program or training specified under paragraph (2) would 
     reduce the amount of educational assistance (including with 
     respect to monthly housing stipends, payments, or subsistence 
     allowances) that would be payable to the individual but for 
     the emergency situation.
       ``(d) Effect on Entitlement Period.--If the Secretary 
     determines that an individual who received assistance under 
     this section did not make progress toward the completion of 
     the program of education in which the individual is enrolled 
     during the period for which the individual received such 
     assistance, any assistance provided pursuant to this section 
     shall not be counted for purposes of determining the total 
     amount of an individual's entitlement to educational 
     assistance, housing stipends, or payments or subsistence 
     allowances under chapters 30, 31, 32, and 35 of this title 
     and chapter 1606 of title 10.

     ``Sec. 3603. Continuation of educational assistance benefits 
       for certain programs of education converted to distance 
       learning by reason of emergency situations

       ``In the case of a program of education approved by a State 
     approving agency, or the Secretary when acting in the role of 
     a State approving agency, that is converted from being 
     offered on-site at an educational institution or training 
     establishment to being offered by distance learning by reason 
     of an emergency or health-related situation, as determined by 
     the Secretary, the Secretary may continue to provide 
     educational assistance under the laws administered by the 
     Secretary without regard to such conversion, including with 
     respect to paying any--
       ``(1) monthly housing stipends under chapter 33 of this 
     title; or
       ``(2) payments or subsistence allowances under chapters 30, 
     31, 32, and 35 of this title and chapter 1606 of title 10.

     ``Sec. 3604. Effects of closure of educational institution 
       and modification of courses by reason of emergency 
       situation

       ``(a) Closure or Disapproval.--Any payment of educational 
     assistance described in subsection (b) shall not--
       ``(1) be charged against any entitlement to educational 
     assistance of the individual concerned; or
       ``(2) be counted against the aggregate period for which 
     section 3695 of this title limits the receipt of educational 
     assistance by such individual.
       ``(b) Educational Assistance Described.--Subject to 
     subsection (d), the payment of educational assistance 
     described in this subsection is the payment of such 
     assistance to an individual for pursuit of a course or 
     program of education at an educational institution under 
     chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 
     of title 10, if the Secretary determines that the 
     individual--
       ``(1) was unable to complete such course or program as a 
     result of--
       ``(A) the closure of the educational institution, or the 
     full or partial cancellation of a course or program of 
     education, by reason of an emergency situation; or
       ``(B) the disapproval of the course or a course that is a 
     necessary part of that program under this chapter because the 
     course was modified by reason of such emergency; and
       ``(2) did not receive credit or lost training time, toward 
     completion of the program of education being so pursued.
       ``(c) Housing Assistance.--In this section, educational 
     assistance includes, as applicable--
       ``(1) monthly housing stipends payable under chapter 33 of 
     this title for any month the individual would have been 
     enrolled in a course or program of education; and
       ``(2) payments or subsistence allowances under chapters 30, 
     31, 32, and 35 of this title and chapter 1606 of title 10 
     during a month the individual would have been enrolled in a 
     course or program of education.
       ``(d) Period Not Charged.--The period for which, by reason 
     of this section, educational assistance is not charged 
     against entitlement or counted toward the applicable 
     aggregate period under section 3695 of this title shall not 
     exceed the aggregate of--
       ``(1) the portion of the period of enrollment in the course 
     from which the individual did not receive credit or with 
     respect to which the individual lost training time, as 
     determined under subsection (b)(2); and
       ``(2) the period by which a monthly stipend is extended 
     under section 3680(a)(2)(B) of this title.
       ``(e) Continuing Pursuit of Disapproved Courses.--(1) The 
     Secretary may treat a course of education that is disapproved 
     under this chapter as being approved under this chapter with 
     respect to an individual described in paragraph (2) if the 
     Secretary determines, on a programmatic basis, that--
       ``(A) such disapproval is the result of an action described 
     in subsection (b)(1)(B); and
       ``(B) continuing pursuing such course is in the best 
     interest of the individual.
       ``(2) An individual described in this paragraph is an 
     individual who is pursuing a

[[Page S9645]]

     course of education at an educational institution under 
     chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 
     of title 10, as of the date on which the course is 
     disapproved as described in subsection (b)(1)(B).
       ``(f) Status as Full-time Student for Purposes of Housing 
     Stipend Calculation.--In the case of an individual who, as of 
     the first day of an emergency situation was enrolled on a 
     full-time basis in a program of education and was receiving 
     educational assistance under chapter 33 of this title or 
     subsistence allowance under chapter 31 of this title, and for 
     whom the Secretary makes a determination under subsection 
     (b), the individual shall be treated as an individual 
     enrolled in a program of education on a full-time basis for 
     the purpose of calculating monthly housing stipends payable 
     under chapter 33 of this title, or subsistence allowance 
     payable under chapter 31 of this title, for any month the 
     individual is enrolled in the program of education on a part-
     time basis to complete any course of education that was 
     partially or fully canceled by reason of the emergency 
     situation.
       ``(g) Notice of Closures.--Not later than five business 
     days after the date on which the Secretary receives notice 
     that an educational institution will close or is closed by 
     reason of an emergency situation, the Secretary shall provide 
     to each individual who is enrolled in a course or program of 
     education at such educational institution using entitlement 
     to educational assistance under chapter 30, 31, 32, 33, or 35 
     of this title, or chapter 1606 of title 10 notice of--
       ``(1) such closure and the date of such closure; and
       ``(2) the effect of such closure on the individual's 
     entitlement to educational assistance pursuant to this 
     section.

     ``Sec. 3605. Payment of educational assistance in cases of 
       withdrawal

       ``(a) In General.--In the case of any individual who 
     withdraws from a program of education or training, other than 
     a program by correspondence, in an educational institution 
     under chapter 31, 34, or 35 of this title for a covered 
     reason during the period of an emergency situation, the 
     Secretary shall find mitigating circumstances for purposes of 
     section 3680(a)(1)(C)(ii) of this title.
       ``(b) Covered Reason.--In this section, the term `covered 
     reason' means any reason related to an emergency situation, 
     including--
       ``(1) illness, quarantine, or social distancing 
     requirements;
       ``(2) issues associated with accessibility;
       ``(3) access or availability of childcare;
       ``(4) providing care for a family member or cohabitants;
       ``(5) change of location or residence due to the emergency 
     situation or associated school closures;
       ``(6) employment changes or financial hardship; and
       ``(7) issues associated with changes in format or medium of 
     instruction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended--
       (1) by striking the item relating to subchapter II and 
     inserting the following new item:

              ``subchapter iii-miscellaneous provisions''.

       (2) by striking the item relating to subchapter I and 
     inserting the following new item:

               ``subchapter ii-state approving agencies''.

       (3) by inserting before the item relating to subchapter II 
     the following new items:

                   ``subchapter i-emergency situations

``3601. Definition of emergency situation.
``3602. Continuation of educational assistance benefits during 
              emergency situations.
``3603. Continuation of educational assistance benefits for certain 
              programs of education converted to distance learning by 
              reason of emergency situations.
``3604. Effects of closure of educational institution and modification 
              of courses by reason of emergency situation.
``3605. Payment of educational assistance in cases of withdrawal.''.
       (c) Conforming Repeals.--The following provisions of law 
     are repealed:
       (1) Sections 1102, 1103, and 1104 of the Johnny Isakson and 
     David P. Roe, M.D. Veterans Health Care and Benefits 
     Improvement Act of 2020 (Public Law 116-315).
       (2) Public Law 116-128.

     SEC. 3. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.

       (a) Montgomery BI Bill.--Section 3031 of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(i) In the case of an individual eligible for educational 
     assistance under this chapter who is prevented from pursuing 
     the individual's chosen program of education before the 
     expiration of the 10-year period for the use of entitlement 
     under this chapter otherwise applicable under this section 
     because the educational institution or training establishment 
     closed (temporarily or permanently) under an established 
     policy based on an Executive order of the President or due to 
     an emergency situation, such 10-year period--
       ``(1) shall not run during the period the individual is so 
     prevented from pursuing such program; and
       ``(2) shall again begin running on the first day after the 
     individual is able to resume pursuit of a program of 
     education with educational assistance under this chapter.''.
       (b) Post-9/11 Educational Assistance.--
       (1) In general.--Section 3321(b)(1) of such title is 
     amended--
       (A) by inserting ``(A)'' before ``Subsections'';
       (B) in subparagraph (A), as designated by subparagraph (A), 
     by striking ``and (d)'' and inserting ``(d), and (i)''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) Subsection (i) of section 3031 shall apply with 
     respect to the running of the 15-year period described in 
     paragraphs (4)(A) and (5)(A) of this subsection in the same 
     manner as such subsection applies under section 3031 of this 
     title with respect to the running of the 10-year period 
     described in section 3031(a) of this title.''.
       (2) Transfer period.--Section 3319(h)(5) of such title is 
     amended--
       (A) in subparagraph (A), by inserting ``or (C)'' after 
     ``subparagraph (B)''; and
       (B) by adding at the end the following new subparagraph:
       ``(C) Emergency situations.--In any case in which the 
     Secretary determines that an individual to whom entitlement 
     is transferred under this section has been prevented from 
     pursuing the individual's chosen program of education before 
     the individual attains the age of 26 years because the 
     educational institution or training establishment closed 
     (temporarily or permanently) under an established policy 
     based on an Executive order of the President or due to an 
     emergency situation, the Secretary shall extend the period 
     during which the individual may use such entitlement for a 
     period equal to the number of months that the individual was 
     so prevented from pursuing the program of education, as 
     determined by the Secretary.''.
       (c) Vocational Rehabilitation and Training.--
       (1) Period for use.--Section 3103 of such title is 
     amended--
       (A) in subsection (a), by striking ``or (g)'' and inserting 
     ``(g), or (h)''; and
       (B) by adding at the end the following new subsection:
       ``(h) In any case in which the Secretary determines that a 
     veteran has been prevented from participating in a vocational 
     rehabilitation program under this chapter within the 12-year 
     period of eligibility prescribed in subsection (a) due to an 
     emergency situation, such 12-year period--
       ``(1) shall not run during the period the individual is so 
     prevented from participating such program; and
       ``(2) shall again begin running on the first day after the 
     individual is able to resume participation in such 
     program.''.
       (2) Duration of program.--Section 3105(b) of such title is 
     amended--
       (A) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following new paragraph:
       ``(3)(A) In any case in which the Secretary determines that 
     a veteran has been prevented from participating in counseling 
     and placement and postplacement services described in 
     paragraphs (2) and (5) of section 3104(a) of this title due 
     to an emergency situation, the Secretary shall extend the 
     period during which the Secretary may provide such counseling 
     and placement and postplacement services for the veteran for 
     a period equal to the number of months that the veteran was 
     so prevented from participating in such counseling and 
     services, as determined by the Secretary.
       ``(B) In any case in which the Secretary determines that a 
     veteran has been prevented from participating in a vocational 
     rehabilitation program under this chapter due to an emergency 
     situation, the Secretary shall extend the period of the 
     veteran's vocational rehabilitation program for a period 
     equal to the number of months that the veteran was so 
     prevented from participating in the vocational rehabilitation 
     program, as determined by the Secretary.''.
       (d) Educational Assistance for Members of the Selected 
     Reserve.--Section 16133(b) of title 10, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(5) In any case in which the Secretary concerned 
     determines that a person entitled to educational assistance 
     under this chapter has been prevented from using such 
     person's entitlement due to an emergency situation, the 
     Secretary concerned shall extend the period of entitlement 
     prescribed in subsection (a) for a period equal to the number 
     of months that the person was so prevented from using such 
     entitlement, as determined by the Secretary.''.
       (e) Emergency Situation Defined.--
       (1) Post-9/11 educational assistance program.--Section 3301 
     of title 38, United States Code, is amended--
       (A) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The term `emergency situation' has the meaning given 
     such term in section 3601 of this title.''.
       (2) MGIB.--Section 3002 of such title is amended by adding 
     at the end the following new paragraph:
       ``(9) The term `emergency situation' has the meaning given 
     such term in section 3601 of this title.''.
       (3) Vocational rehabilitation and training.--

[[Page S9646]]

       (A) In general.--Section 3101 of such title is amended--
       (i) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively; and
       (ii) by inserting before paragraph (2), as redesignated by 
     clause (i), the following new paragraph:
       ``(10) The term `emergency situation' has the meaning given 
     such term in section 3601 of this title.''.
       (B) Conforming amendments.--Such title is amended--
       (i) in section 1728(a)(4)(A), by striking ``section 3101(9) 
     of'' and inserting ``section 3101 of''; and
       (ii) in section 3695(b), by striking ``in section 3101(5)'' 
     and inserting ``in section 3101''.
       (4) Educational assistance for members of the selected 
     reserve.--Section 16133 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(c) In this section, the term `emergency situation' has 
     the meaning given such term in section 3601 of title 38.''.
       (f) Conforming Repeal.--Section 6 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     repealed.

     SEC. 4. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION 
                   SUBSISTENCE ALLOWANCES.

       (a) In General.--Section 3104 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) In the case of any veteran whom the Secretary 
     determines is satisfactorily following a program of 
     employment services provided under subsection (a)(5) during 
     the period of an emergency situation, the Secretary may pay 
     the veteran a subsistence allowance, as prescribed in section 
     3108 of this title for full-time training for the type of 
     program that the veteran was pursuing, for two additional 
     months, if the Secretary determines that the veteran is 
     negatively affected by the emergency situation.''.
       (b) Conforming Repeal.--Section 8 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     repealed.

     SEC. 5. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY 
                   SITUATIONS.

       (a) In General.--Section 3485 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(f)(1) In case of an individual who is in receipt of 
     work-study allowance pursuant to an agreement described in 
     subsection (a)(3) as of the date on which an emergency 
     situation occurs and who is unable to continue to perform 
     qualifying work-study activities described in subsection 
     (a)(4) by reason of the emergency situation--
       ``(A) the Secretary may continue to pay work-study 
     allowance under this section or make deductions described in 
     subsection (e)(1) during the period of such emergency 
     situation, notwithstanding the inability of the individual to 
     perform such work-study activities by reason of such 
     emergency situation; and
       ``(B) at the option of the individual, the Secretary shall 
     extend the agreement described in subsection (a)(3) with the 
     individual for any subsequent period of enrollment initiated 
     during the emergency situation, notwithstanding the inability 
     of the individual to perform work-study activities described 
     in subsection (a)(4) by reason of such emergency situation.
       ``(2) The amount of work-study allowance payable to an 
     individual under paragraph (1)(A) during the period of an 
     emergency situation shall be an amount determined by the 
     Secretary but may not exceed the amount that would be payable 
     under subsection (a)(2) if the individual worked 25 hours per 
     week paid during such period.
       ``(3) The term `emergency situation' has the meaning given 
     that term in section 3601 of this title.''.
       (b) Conforming Repeal.--Section 3 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     repealed.

     SEC. 6. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN 
                   EDUCATIONAL INSTITUTIONS CLOSED FOR EMERGENCY 
                   SITUATIONS.

       (a) In General.--Section 3680 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) Payments During Emergency Situations.--(1) The 
     Secretary may pay allowances to an eligible veteran or 
     eligible person under subsection (a)(2)(A), if the veteran or 
     person is enrolled in a program or course of education that--
       ``(A) is provided by an educational institution or training 
     establishment that is closed by reason of an emergency 
     situation; or
       ``(B) is suspended by reason of an emergency situation.
       ``(2) The total number of weeks for which allowances may be 
     paid by reason of this subsection may not exceed four weeks.
       ``(3) Any amount paid under this subsection shall not be 
     counted for purposes of the limitation on allowances under 
     subsection (a)(2)(A).''.
       (b) Conforming Repeal.--Section 4 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     repealed.

     SEC. 7. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS.

       (a) In General.--Section 3687(e) of title 38, United States 
     Code, is amended by striking paragraph (2) and inserting the 
     following new paragraph (2):
       ``(2)(A) Subject to subparagraphs (B) and (C), for any 
     month in which an individual fails to complete 120 hours of 
     training, the entitlement otherwise chargeable under 
     paragraph (1) shall be reduced in the same proportion as the 
     monthly training assistance allowance payable is reduced 
     under subsection (b)(3).
       ``(B) In the case of an individual who is unemployed by 
     reason of an emergency situation during any month, the 120-
     hour requirement under subparagraph (A) for that month shall 
     be reduced proportionately to reflect the individual's period 
     of unemployment, except that the amount of monthly training 
     assistance otherwise payable to the individual under 
     subsection (b)(3) shall not be reduced.
       ``(C) Any period during which an individual is unemployed 
     by reason of an emergency situation shall not--
       ``(i) be charged against any entitlement to educational 
     assistance of the individual; or
       ``(ii) be counted against the aggregate period for which 
     section 3695 of this title limits the receipt of educational 
     assistance by such individual.
       ``(D) Any amount by which the entitlement of an individual 
     is reduced under subparagraph (A) shall not--
       ``(i) be charged against any entitlement to educational 
     assistance of the individual; or
       ``(ii) be counted against the aggregate period for which 
     section 3695 of this title limits the receipt of educational 
     assistance by such individual.
       ``(E)(i) In the case of an individual who fails to complete 
     120 hours of training during a month, but who completed more 
     than 120 hours of training during the preceding month, the 
     individual may apply the number of hours in excess of 120 
     that the individual completed for that month to the month for 
     which the individual failed to complete 120 hours. If the 
     addition of such excess hours results in a total of 120 hours 
     or more, the individual shall be treated as an individual who 
     has completed 120 hours of training for that month. Any 
     excess hours applied to a different month under this 
     subparagraph may only be applied to one such month.
       ``(F) This paragraph applies to amounts described in 
     section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this 
     title and section 16131(d)(2) of title 10.
       ``(G) In this paragraph:
       ``(i) The term `unemployed' includes being furloughed or 
     being scheduled to work zero hours.
       ``(ii) The term `fails to complete 120 hours of training' 
     means, with respect to an individual, that during any month, 
     the individual completes at least one hour, but fewer than 
     120 hours, of training, including in a case in which the 
     individual is unemployed for part of, but not the whole, 
     month.''.
       (b) Conforming Repeal.--Section 1106 of the Johnny Isakson 
     and David P. Roe, M.D. Veterans Health Care and Benefits 
     Improvement Act of 2020 (Public Law 116-315) is repealed.

     SEC. 8. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS 
                   UNABLE TO PURSUE A PROGRAM OF EDUCATION DUE TO 
                   AN EMERGENCY SITUATION.

       (a) Permanent Applicability.--Section 3699(b)(1) of title 
     38, United States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B)(ii), by striking ``and'' at the end 
     and inserting ``or'' ; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the temporary closure of an educational institution 
     or training establishment or the temporary closure or 
     termination of a course or program of education by reason of 
     an emergency situation; and''.
       (b) Conforming Repeal.--Section 5 of the Student Veteran 
     Coronavirus Response Act of 2020 (Public Law 116-140) is 
     repealed.

     SEC. 9. DEPARTMENT OF VETERANS AFFAIRS APPROVAL OF CERTAIN 
                   STUDY-ABROAD PROGRAMS.

       (a) In General.--Section 3680A(f) of title 38, United 
     States Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``The Secretary'' and inserting ``(1) 
     Except as provided in paragraph (2), the Secretary''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) In the case of a covered study-abroad course, the 
     Secretary may approve the course for a period of not more 
     than five years, if the contract or other written agreement 
     under which the course is offered provides that--
       ``(i) the educational institution that offers a course that 
     is approved under this chapter agrees--
       ``(I) to assume responsibility for the quality and content 
     of the covered study-abroad course; and
       ``(II) to serve as the certifying official for the course 
     for purposes of this chapter; and
       ``(ii) the educational institution that offers the covered 
     study-abroad course agrees to seek the approval of the course 
     under this chapter by not later than five years after the 
     date of the agreement.
       ``(B) In this paragraph, the term `covered study-abroad 
     course' means a course that--
       ``(i) is provided as a part of a program of education 
     offered by an educational institution under a contract or 
     other written agreement by another educational institution 
     that offers a course that is approved under this chapter;
       ``(ii) is provided at a location in a foreign country; and
       ``(iii) has not been approved under this chapter.''.
       (b) Treatment of Certain Courses.--In the case of any 
     covered study-abroad course,

[[Page S9647]]

     under the meaning given such term in subparagraph (B) of 
     paragraph (2) of subsection (f) of section 3680A of title 38, 
     United States Code, as added by subsection (a), that is being 
     offered under a contract or other written agreement as of the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs may approve such course under such paragraph (2) for 
     the five-year period beginning on the date of the enactment 
     of this Act, if such contract or other written agreement 
     meets the criteria provided in subparagraph (A) of such 
     paragraph.

     SEC. 10. ELIGIBILITY FOR EDUCATIONAL ASSISTANCE UNDER 
                   DEPARTMENT OF VETERANS AFFAIRS POST-9/11 
                   EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN 
                   INDIVIDUALS WHO RECEIVE SOLE SURVIVORSHIP 
                   DISCHARGES.

       (a) Short Title.--This section may be cited as the ``Sgt. 
     Wolf Kyle Weninger Veterans Education Fairness Act of 2022''.
       (b) Eligibility.--Subsection (b)(2) of section 3311 of 
     title 38, United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``who'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting such clause two ems 
     to the right;
       (3) by inserting before clause (i), as so redesignated, the 
     following new subparagraph (A):
       ``(A) who--'';
       (4) in subparagraph (A)(ii), as so redesignated--
       (A) by striking ``in subparagraph (A)'' and inserting ``in 
     clause (i)''; and
       (B) by striking the period and inserting ``or by reason of 
     a sole survivorship discharge (as that term is defined in 
     section 1174(i) of title 10); or''; and
       (5) by adding at the end the following new subparagraph 
     (B):
       ``(B) who--
       ``(i) commencing on or after September 11, 2001, completes 
     at least 30 continuous days of service described in 
     subsection (d) (1) or (2); and
       ``(ii) after completion of service described in clause (i), 
     is discharged or released by reason of a sole survivorship 
     discharge (as that term is defined in section 1174(i) of 
     title 10).''.
       (c) Conforming Amendment.--Subsection (d) of such section 
     is amended by striking ``The following'' and inserting 
     ``Except as provided in subsection (b)(2)(B), the 
     following''.

     SEC. 11. UNIFORM APPLICATION FOR DEPARTMENT OF VETERANS 
                   AFFAIRS APPROVAL OF COURSES OF EDUCATION.

       (a) In General.--Subchapter I of chapter 36 of title 38, 
     United States Code, is amended by inserting after section 
     3672 the following new section:

     ``Sec. 3672A. Uniform application

       ``(a) In General.--(1) The Secretary, in partnership with 
     State approving agencies, educational institutions, and 
     training establishments, shall require the use of a uniform 
     application by any educational institution or training 
     establishment seeking the approval of a new course of 
     education under this chapter.
       ``(2) The Secretary shall maintain one uniform application 
     for institutions of higher learning and one such application 
     for other educational institutions and training 
     establishments.
       ``(3) In the case of any State that uses approval criteria 
     not covered by a uniform application under this section, the 
     State approving agency for that State shall require the use 
     of the uniform application and may require the submittal of 
     additional information.
       ``(b) Requirements.--The uniform application required under 
     subsection (a) shall meet the following requirements:
       ``(1) A requirement that the appropriate executive of the 
     educational institution or training establishment seeking the 
     approval of a course of education attests on behalf of the 
     educational institution or training establishment that the 
     educational institution or training establishment--
       ``(A) is in compliance with all applicable laws and 
     regulations relating to the approval of courses of education 
     under this chapter; and
       ``(B) during the five-year period preceding the date of the 
     application--
       ``(i) has not been subject to, or been party to a contract 
     with any individual or entity that has been subject to, any 
     adverse administrative or judicial action that--

       ``(I) related to the instruction or training, including 
     with respect to the quality of education, provided by the 
     institution or establishment; and
       ``(II) resulted in a fine or penalty in an amount equal to 
     or more than five percent of the amount of funding provided 
     to the institution or establishment under title IV of the 
     Higher Education Act of 1965 for the fiscal year preceding 
     the year in which the application is submitted; or

       ``(ii) has not employed an individual, or been party to a 
     contract with any individual or entity, that has been 
     convicted of a Federal fraud charge related to the 
     instruction or training provided by the institution or 
     establishment.
       ``(2) In the case of any educational institution or 
     training establishment that is not participating in title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
     a requirement for the inclusion of--
       ``(A) a copy of--
       ``(i) the articles of incorporation filed on behalf of the 
     institution or establishment or proof of licensing to operate 
     as an educational institution or training establishment in 
     the State where the institution or establishment is located; 
     and
       ``(ii) the financial position of the institution or 
     establishment, as prepared by an appropriate third-party 
     entity; or
       ``(B) other adequate evidence, as determined by the 
     Secretary, that the institution or establishment is 
     authorized to provide post-secondary education or training in 
     the State where the institution or establishment is located.
       ``(3) In the case of any course of education that is 
     offered by an educational institution or training 
     establishment that has never offered a course of education 
     that was approved under this chapter, a requirement for the 
     inclusion of information about the course of education 
     covered by the application, including--
       ``(A) the number of students who have entered and graduated 
     from the course during the preceding two-year period; and
       ``(B) if available, the cohort default rate for funds 
     provided to the institution or establishment under title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
       ``(4) In the case of any educational institution or 
     training establishment that is not an institution of higher 
     learning, a requirement for the inclusion of--
       ``(A) a list of individuals who will serve as fully 
     qualified instructors for the course of education, as of the 
     date of the application, and an attestation that such 
     individuals--
       ``(i) have a degree or other training, as appropriate, in 
     the field of the course;
       ``(ii) effectively teach the skills offered under the 
     course; and
       ``(iii) have demonstrated relevant industry experience in 
     the field of the course; and
       ``(B) a list of individuals who will serve as career 
     services employees for students enrolled in the course and an 
     attestation that such individuals are skilled at identifying 
     professions in the relevant industry that are in need of new 
     employees to hire, tailoring the course of education to meet 
     market needs, and identifying the employers likely to hire 
     graduates.
       ``(c) Requirements for State Approving Agencies.--During 
     the approval process with respect to a uniform application 
     submitted by an educational institution or training 
     establishment, a State approving agency, or the Secretary 
     when acting in the role of a State approving agency, shall 
     contact the Secretary of Education to determine whether the 
     course of education subject to such approval process has 
     withdrawn, or been denied or suspended, from receiving for 
     benefits under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.).
       ``(d) Appropriate Executive.--In this section, the 
     appropriate executive of an educational institution or 
     training establishment is a senior executive official, senior 
     administrator, owner, or operator designated by the 
     institution or establishment.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3672 the following new item:
``3672A. Uniform application.''.
       (c) Applicability.--The application required by section 
     3672A of title 38, United States Code, as added by subsection 
     (a), shall--
       (1) be developed by not later than October 1, 2023; and
       (2) be required for the approval of any new course of 
     education proposed on or after that day.

     SEC. 12. NOTICE REQUIREMENTS FOR DEPARTMENT OF VETERANS 
                   AFFAIRS EDUCATION SURVEYS.

       (a) Risk-based Survey.--Section 3673A of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(d) Notice.--To the maximum amount feasible, the 
     Secretary, or a State approving agency, as applicable, shall 
     provide not more than one business day of notice to an 
     educational institution before conducting a targeted risk-
     based survey of the institution under this section.''.
       (b) Compliance Surveys.--Section 3693 of title 38, United 
     States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) To the maximum extent feasible, the Secretary, or a 
     State approving agency, as applicable, shall provide not more 
     than 10 business days of notice to an educational institution 
     or training establishment before conducting a compliance 
     survey of the institution or establishment under this 
     section.''.

     SEC. 13. EXCEPTION TO REQUIREMENT TO SUBMIT VERIFICATION OF 
                   ENROLLMENT OF CERTAIN INDIVIDUALS.

        Section 3313(l) of title 38, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``The Secretary'' and 
     inserting ``Except as provided in paragraph (4), the 
     Secretary''; and
       (2) by striking paragraph (4) and inserting the following 
     new paragraph (4):
       ``(4) Exception.--An educational institution is not 
     required to submit verification of an individual under 
     paragraph (1)(A) if--
       ``(A) the individual is enrolled in a course or program of 
     education offered by the educational institution on at least 
     a full-time basis before the date on which the individual is 
     able to withdraw from the course or program of education 
     without penalty;

[[Page S9648]]

       ``(B) the educational institution charges the same amount 
     of tuition and fees for students who are enrolled on a full-
     time basis and students who are enrolled on a more-than-full-
     time basis; and
       ``(C) the individual remains enrolled in the course or 
     program of education after the date on which the individual 
     is able to withdraw from the course or program of education 
     without penalty.''.

     SEC. 14. EXPANSION OF ELIGIBILITY FOR SELF-EMPLOYMENT 
                   ASSISTANCE UNDER VETERAN READINESS AND 
                   EMPLOYMENT PROGRAM.

       (a) Expansion of Eligibility.--Paragraph (12) of subsection 
     (a) of section 3104 of title 38, United States Code, is 
     amended to read as follows:
       ``(12) Such license fees and essential equipment, supplies, 
     and minimum stocks of materials as the Secretary determines 
     to be necessary for a veteran to begin self-employment and 
     are within the criteria and cost limitations that the 
     Secretary shall prescribe in regulations for the furnishing 
     of such fees, equipment, supplies, and stocks.''.
       (b) Priority.--Subsection (c)(1) of such section is amended 
     by inserting before the first period the following: ``, 
     including with respect to providing priority for services 
     under subsection (a)(12) to veterans with the most severe 
     service-connected disabilities who require homebound training 
     or self-employment, or both homebound training and self-
     employment''.
       (c) Technical Amendments.--Section 3117 of such title is 
     amended--
       (1) in subsection (a)(2)(C), by striking ``this clause'' 
     and inserting ``this subparagraph''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``insure'' and inserting 
     ``ensure''; and
       (B) in paragraph (2), by striking ``clause'' both places it 
     appears and inserting ``paragraph''.

     SEC. 15. POSSIBLE DEFINITIONS OF CERTAIN TERMS RELATING TO 
                   EDUCATIONAL ASSISTANCE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report containing possible definitions of 
     the Secretary for each of the following terms:
       (1) Student services.
       (2) Marketing.
       (3) Classroom instruction.

     SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.

       Section 5503(d)(7) of title 38, United States Code, is 
     amended by striking ``October 30, 2028'' and inserting 
     ``November 30, 2031''.

     SEC. 17. TERMINATION OF CERTAIN CONSUMER CONTRACTS BY 
                   SERVICEMEMBERS AND DEPENDENTS WHO ENTER INTO 
                   CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR 
                   PERMANENT CHANGE OF STATION BUT THEN RECEIVE 
                   STOP MOVEMENT ORDERS DUE TO AN EMERGENCY 
                   SITUATION.

       (a) In General.--Section 305A of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3956) is amended--
       (1) in the section heading, by striking ``telephone, 
     multichannel video programming, and internet access service'' 
     and inserting ``certain consumer'';
       (2) in subsection (a)--
       (A) in the heading, by adding ``or Dependent of a 
     Servicemember'' at the end;
       (B) in paragraph (1)--
       (i) by striking ``after the date the servicemember receives 
     military orders to relocate for a period of not less than 90 
     days to a location that does not support the contract.'' and 
     inserting ``after--''; and
       (ii) by adding at the end the following:
       ``(A) the date the servicemember receives military orders 
     to relocate for a period of not less than 90 days to a 
     location that does not support the contract; or
       ``(B) the date the servicemember, while in military 
     service, receives military orders for a permanent change of 
     station, thereafter enters into the contract, and then 
     receives a stop movement order issued by the Secretary of 
     Defense or the Secretary of Homeland Security in response to 
     a local, national, or global emergency, effective for an 
     indefinite period or for a period of not less than 30 days, 
     that prevents the servicemember from using the services 
     provided under the contract.''; and
       (C) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(D) The spouse or dependent of a servicemember, described 
     in paragraph (1)(B), who accompanies such servicemember 
     during the period of relocation.'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Covered Contracts.--A contract described in this 
     subsection is a contract--
       ``(1) for--
       ``(A) commercial mobile service;
       ``(B) telephone exchange service;
       ``(C) internet access service;
       ``(D) multichannel video programming service;
       ``(E) a gym membership or fitness program; or
       ``(F) home security services; and
       ``(2) entered into by a servicemember before receiving the 
     military orders referred to in subsection (a)(1).''; and
       (4) in subsection (g)--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting, after paragraph (1), the following new 
     paragraph (2):
       ``(2) The terms `military orders' and `permanent change of 
     station' have the meanings given such terms in section 
     305.''.
       (b) Retroactive Application.--The amendments made by this 
     section shall apply to stop movement orders issued on or 
     after March 1, 2020.

     SEC. 18. RESIDENCE FOR TAX PURPOSES.

       Section 511(a) of the Servicemembers Civil Relief Act (50 
     U.S.C. 4001(a)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Spouses.--A spouse of a servicemember shall neither 
     lose nor acquire a residence or domicile for purposes of 
     taxation with respect to the person, personal property, or 
     income of the spouse by reason of being absent or present in 
     any tax jurisdiction of the United States solely to be with 
     the servicemember in compliance with the servicemember's 
     military orders.
       ``(3) Election.--For any taxable year of the marriage, a 
     servicemember and the spouse of such servicemember may elect 
     to use for purposes of taxation, regardless of the date on 
     which the marriage of the servicemember and the spouse 
     occurred, any of the following:
       ``(A) The residence or domicile of the servicemember.
       ``(B) The residence or domicile of the spouse.
       ``(C) The permanent duty station of the servicemember.''.

     SEC. 19. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF 
                   THE UNIFORMED SERVICES AND THEIR SPOUSES.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting 
     after section 705 (50 U.S.C. 4025) the following new section:

     ``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 
                   SERVICEMEMBERS AND THEIR SPOUSES.

       ``(a) In General.--In any case in which a servicemember or 
     the spouse of a servicemember has a covered license and such 
     servicemember or spouse relocates his or her residency 
     because of military orders for military service to a location 
     that is not in the jurisdiction of the licensing authority 
     that issued the covered license, such covered license shall 
     be considered valid at a similar scope of practice and in the 
     discipline applied for in the jurisdiction of such new 
     residency for the duration of such military orders if such 
     servicemember or spouse--
       ``(1) provides a copy of such military orders to the 
     licensing authority in the jurisdiction in which the new 
     residency is located;
       ``(2) remains in good standing with--
       ``(A) the licensing authority that issued the covered 
     license; and
       ``(B) every other licensing authority that has issued to 
     the servicemember or the spouse of a servicemember a license 
     valid at a similar scope of practice and in the discipline 
     applied in the jurisdiction of such licensing authority;
       ``(3) submits to the authority of the licensing authority 
     in the new jurisdiction for the purposes of standards of 
     practice, discipline, and fulfillment of any continuing 
     education requirements.
       ``(b) Interstate Licensure Compacts.--If a servicemember or 
     spouse of a servicemember is licensed and able to operate in 
     multiple jurisdictions through an interstate licensure 
     compact, with respect to services provided in the 
     jurisdiction of the interstate licensure compact by a 
     licensee covered by such compact, the servicemember or spouse 
     of a servicemember shall be subject to the requirements of 
     the compact or the applicable provisions of law of the 
     applicable State and not this section.
       ``(c) Covered License Defined.--In this section, the term 
     `covered license' means a professional license or 
     certificate--
       ``(1) that is in good standing with the licensing authority 
     that issued such professional license or certificate;
       ``(2) that the servicemember or spouse of a servicemember 
     has actively used during the two years immediately preceding 
     the relocation described in subsection (a); and
       ``(3) that is not a license to practice law.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 705 the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and 
              their spouses.''.

     SEC. 20. PROVISION OF NONARTICULATING TRAILERS AS ADAPTIVE 
                   EQUIPMENT.

       Section 3901(2) of title 38, United States Code, is 
     amended--
       (1) by striking ``and special'' and inserting ``special''; 
     and
       (2) by striking ``conveyance.'' and inserting ``conveyance, 
     and nonarticulating trailers solely designed to transport 
     powered wheelchairs, powered scooters, or other similar 
     mobility devices.''.

     SEC. 21. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS 
                   PROVISION OF ADDITIONAL AUTOMOBILE OR OTHER 
                   CONVEYANCE.

       Section 3903(a) of title 38, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) The Secretary may provide or assist in providing an 
     eligible person with an additional automobile or other 
     conveyance under this chapter--

[[Page S9649]]

       ``(A) if more than 30 years have elapsed since the eligible 
     person most recently received an automobile or other 
     conveyance under this chapter; or
       ``(B) beginning on the day that is 10 years after date of 
     the enactment of the Veterans Auto and Education Improvement 
     Act of 2022, if more than 10 years have elapsed since the 
     eligible person most recently received an automobile or other 
     conveyance under this chapter.''.

     SEC. 22. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF CERTAIN 
                   VEHICLE MODIFICATIONS AS MEDICAL SERVICES.

       Section 1701(6) of title 38, United States Code, is amended 
     by adding at the end the following new subparagraph:
       ``(I) The provision of medically necessary van lifts, 
     raised doors, raised roofs, air conditioning, and wheelchair 
     tiedowns for passenger use.''.

     SEC. 23. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 6579. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment 
intended to be proposed to amendment SA 6552 proposed by Mr. Leahy to 
the bill H.R. 2617, to amend section 1115 of title 31, United States 
Code, to amend the description of how performance goals are achieved, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of the amendment, add the following:

                  DIVISION KK--INDIAN AFFAIRS MATTERS

    TITLE I--LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION ACT OF 2022

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Lumbee Tribe of North 
     Carolina Recognition Act of 2022''.

     SEC. 102. FEDERAL RECOGNITION.

       The Act of June 7, 1956 (70 Stat. 254, chapter 375), is 
     amended--
       (1) by striking section 2;
       (2) in the first sentence of the first section, by striking 
     ``That the Indians'' and inserting the following:

     ``SEC. 3. DESIGNATION OF LUMBEE INDIANS.

       ``The Indians'';
       (3) in the preamble--
       (A) by inserting before the first undesignated clause the 
     following:

     ``SECTION 1. FINDINGS.

       ``Congress finds that--'';
       (B) by designating the undesignated clauses as paragraphs 
     (1) through (4), respectively, and indenting appropriately;
       (C) by striking ``Whereas'' each place it appears;
       (D) by striking ``and'' after the semicolon at the end of 
     each of paragraphs (1) and (2) (as so designated); and
       (E) in paragraph (4) (as so designated), by striking ``: 
     Now, therefore,'' and inserting a period;
       (4) by moving the enacting clause so as to appear before 
     section 1 (as so designated);
       (5) by striking the last sentence of section 3 (as 
     designated by paragraph (2));
       (6) by inserting before section 3 (as designated by 
     paragraph (2)) the following:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of 
     North Carolina or the Lumbee Indians of North Carolina.''; 
     and
       (7) by adding at the end the following:

     ``SEC. 4. FEDERAL RECOGNITION.

       ``(a) In General.--Federal recognition is extended to the 
     Tribe (as designated as petitioner number 65 by the Office of 
     Federal Acknowledgment).
       ``(b) Applicability of Laws.--All laws and regulations of 
     the United States of general application to Indians and 
     Indian tribes shall apply to the Tribe and its members.
       ``(c) Petition for Acknowledgment.--Notwithstanding section 
     3, any group of Indians in Robeson and adjoining counties, 
     North Carolina, whose members are not enrolled in the Tribe 
     (as determined under section 5(d)) may petition under part 83 
     of title 25 of the Code of Federal Regulations for 
     acknowledgment of tribal existence.

     ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.

       ``(a) In General.--The Tribe and its members shall be 
     eligible for all services and benefits provided by the 
     Federal Government to federally recognized Indian tribes.
       ``(b) Service Area.--For the purpose of the delivery of 
     Federal services and benefits described in subsection (a), 
     those members of the Tribe residing in Robeson, Cumberland, 
     Hoke, and Scotland counties in North Carolina shall be deemed 
     to be residing on or near an Indian reservation.
       ``(c) Determination of Needs.--On verification by the 
     Secretary of a tribal roll under subsection (d), the 
     Secretary and the Secretary of Health and Human Services 
     shall--
       ``(1) develop, in consultation with the Tribe, a 
     determination of needs to provide the services for which 
     members of the Tribe are eligible; and
       ``(2) after the tribal roll is verified, each submit to 
     Congress a written statement of those needs.
       ``(d) Tribal Roll.--
       ``(1) In general.--For purpose of the delivery of Federal 
     services and benefits described in subsection (a), the tribal 
     roll in effect on the date of enactment of this section 
     shall, subject to verification by the Secretary, define the 
     service population of the Tribe.
       ``(2) Verification limitation and deadline.--The 
     verification by the Secretary under paragraph (1) shall--
       ``(A) be limited to confirming documentary proof of 
     compliance with the membership criteria set out in the 
     constitution of the Tribe adopted on November 16, 2001; and
       ``(B) be completed not later than 2 years after the 
     submission of a digitized roll with supporting documentary 
     proof by the Tribe to the Secretary.

     ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary is hereby authorized to take land into 
     trust for the benefit of the Tribe.
       ``(b) Treatment of Certain Land.--An application to take 
     into trust land located within Robeson County, North 
     Carolina, under this section shall be treated by the 
     Secretary as an `on reservation' trust acquisition under part 
     151 of title 25, Code of Federal Regulations (or a successor 
     regulation).

     ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.

       ``(a) In General.--With respect to land located within the 
     State of North Carolina that is owned by, or held in trust by 
     the United States for the benefit of, the Tribe, or any 
     dependent Indian community of the Tribe, the State of North 
     Carolina shall exercise jurisdiction over--
       ``(1) all criminal offenses that are committed; and
       ``(2) all civil actions that arise.
       ``(b) Transfer of Jurisdiction.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may accept on behalf of the United States, after consulting 
     with the Attorney General of the United States, any transfer 
     by the State of North Carolina to the United States of any 
     portion of the jurisdiction of the State of North Carolina 
     described in subsection (a) over Indian country occupied by 
     the Tribe pursuant to an agreement between the Tribe and the 
     State of North Carolina.
       ``(2) Restriction.--A transfer of jurisdiction described in 
     paragraph (1) may not take effect until 2 years after the 
     effective date of the agreement described in that paragraph.
       ``(c) Effect.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     ``SEC. 9. SHORT TITLE.

       ``This Act may be cited as the `Lumbee Tribe of North 
     Carolina Recognition Act'.''.

         TITLE II--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Tribal Trust Land 
     Homeownership Act of 2022''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Applicable bureau office.--The term ``applicable Bureau 
     office'' means--
       (A) a Regional office of the Bureau;
       (B) an Agency office of the Bureau; or
       (C) a Land Titles and Records Office of the Bureau.
       (2) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (3) Director.--The term ``Director'' means the Director of 
     the Bureau.
       (4) First certified title status report.--The term ``first 
     certified title status report'' means the title status report 
     needed to verify title status on Indian land.
       (5) Indian land.--The term ``Indian land'' has the meaning 
     given the term in section 162.003 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act).
       (6) Land mortgage.--The term ``land mortgage'' means a 
     mortgage obtained by an individual Indian who owns a tract of 
     trust land for the purpose of--
       (A) home acquisition;
       (B) home construction;
       (C) home improvements; or
       (D) economic development.
       (7) Leasehold mortgage.--The term ``leasehold mortgage'' 
     means a mortgage, deed of trust, or other instrument that 
     pledges the leasehold interest of a lessee as security for a 
     debt or other obligation owed by the lessee to a lender or 
     other mortgagee.
       (8) Mortgage package.--The term ``mortgage package'' means 
     a proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document submitted 
     to an applicable Bureau office under section 203(a)(1).
       (9) Relevant federal agency.--The term ``relevant Federal 
     agency'' means any of the following Federal agencies that 
     guarantee or make direct mortgage loans on Indian land:
       (A) The Department of Agriculture.
       (B) The Department of Housing and Urban Development.
       (C) The Department of Veterans Affairs.

[[Page S9650]]

       (10) Right-of-way document.--The term ``right-of-way 
     document'' has the meaning given the term in section 169.2 of 
     title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (11) Subsequent certified title status report.--The term 
     ``subsequent certified title status report'' means the title 
     status report needed to identify any liens against a 
     residential, business, or land lease on Indian land.

     SEC. 203. MORTGAGE REVIEW AND PROCESSING.

       (a) Review and Processing Deadlines.--
       (1) In general.--As soon as practicable after receiving a 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document, the 
     applicable Bureau office shall notify the lender that the 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, or right-of-way document has been received.
       (2) Preliminary review.--
       (A) In general.--Not later than 10 calendar days after 
     receipt of a proposed residential leasehold mortgage, 
     business leasehold mortgage, land mortgage, or right-of-way 
     document, the applicable Bureau office shall conduct and 
     complete a preliminary review of the residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document to verify that all required documents 
     are included.
       (B) Incomplete documents.--As soon as practicable, but not 
     more than 2 calendar days, after finding that any required 
     documents are missing under subparagraph (A), the applicable 
     Bureau office shall notify the lender of the missing 
     documents.
       (3) Approval or disapproval.--
       (A) Leasehold mortgages.--Not later than 20 calendar days 
     after receipt of a complete executed residential leasehold 
     mortgage or business leasehold mortgage, proof of required 
     consents, and other required documentation, the applicable 
     Bureau office shall approve or disapprove the residential 
     leasehold mortgage or business leasehold mortgage.
       (B) Right-of-way documents.--Not later than 30 calendar 
     days after receipt of a complete executed right-of-way 
     document, proof of required consents, and other required 
     documentation, the applicable Bureau office shall approve or 
     disapprove the right-of-way document.
       (C) Land mortgages.--Not later than 30 calendar days after 
     receipt of a complete executed land mortgage, proof of 
     required consents, and other required documentation, the 
     applicable Bureau office shall approve or disapprove the land 
     mortgage.
       (D) Requirements.--The determination of whether to approve 
     or disapprove a residential leasehold mortgage or business 
     leasehold mortgage under subparagraph (A), a right-of-way 
     document under subparagraph (B), or a land mortgage under 
     subparagraph (C)--
       (i) shall be in writing; and
       (ii) in the case of a determination to disapprove a 
     residential leasehold mortgage, business leasehold mortgage, 
     right-of-way document, or land mortgage shall, state the 
     basis for the determination.
       (E) Application.--This paragraph shall not apply to a 
     residential leasehold mortgage or business leasehold mortgage 
     with respect to Indian land in cases in which the applicant 
     for the residential leasehold mortgage or business leasehold 
     mortgage is an Indian tribe (as defined in subsection (d) of 
     the first section of the Act of 1955 (69 Stat. 539, chapter 
     615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been 
     approved for leasing under subsection (h) of that section (69 
     Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
       (4) Certified title status reports.--
       (A) Completion of reports.--
       (i) In general.--Not later than 10 calendar days after the 
     applicable Bureau office approves a residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document under paragraph (3), the applicable 
     Bureau office shall complete the processing of, as 
     applicable--

       (I) a first certified title status report, if a first 
     certified title status report was not completed prior to the 
     approval of the residential leasehold mortgage, business 
     leasehold mortgage, land mortgage, or right-of-way document; 
     and
       (II) a subsequent certified title status report.

       (ii) Requests for first certified title status reports.--
     Notwithstanding clause (i), not later than 14 calendar days 
     after the applicable Bureau office receives a request for a 
     first certified title status report from an applicant for a 
     residential leasehold mortgage, business leasehold mortgage, 
     land mortgage, or right-of-way document under paragraph (1), 
     the applicable Bureau office shall complete the processing of 
     the first certified title status report.
       (B) Notice.--
       (i) In general.--As soon as practicable after completion of 
     the processing of, as applicable, a first certified title 
     status report or a subsequent certified title status report 
     under subparagraph (A), but by not later than the applicable 
     deadline described in that subparagraph, the applicable 
     Bureau office shall give notice of the completion to the 
     lender.
       (ii) Form of notice.--The applicable Bureau office shall 
     give notice under clause (i)--

       (I) electronically through secure, encryption software; and
       (II) through the United States mail.

       (iii) Option to opt out.--The lender may opt out of 
     receiving notice electronically under clause (ii)(I).
       (b) Notices.--
       (1) In general.--If the applicable Bureau office does not 
     complete the review and processing of mortgage packages under 
     subsection (a) (including any corresponding first certified 
     title status report or subsequent certified title status 
     report under paragraph (4) of that subsection) by the 
     applicable deadline described in that subsection, immediately 
     after missing the deadline, the applicable Bureau office 
     shall provide notice of the delay in review and processing 
     to--
       (A) the party that submitted the mortgage package or 
     requested the first certified title status report; and
       (B) the lender for which the mortgage package (including 
     any corresponding first certified title status report or 
     subsequent certified title status report) is being requested.
       (2) Requests for updates.--In addition to providing the 
     notices required under paragraph (1), not later than 2 
     calendar days after receiving a relevant inquiry with respect 
     to a submitted mortgage package from the party that submitted 
     the mortgage package or the lender for which the mortgage 
     package (including any corresponding first certified title 
     status report or subsequent certified title status report) is 
     being requested or an inquiry with respect to a requested 
     first certified title status report from the party that 
     requested the first certified title status report, the 
     applicable Bureau office shall respond to the inquiry.
       (c) Delivery of First and Subsequent Certified Title Status 
     Reports.--Notwithstanding any other provision of law, any 
     first certified title status report and any subsequent 
     certified title status report, as applicable, shall be 
     delivered directly to--
       (1) the lender;
       (2) any local or regional agency office of the Bureau that 
     requests the first certified title status report or 
     subsequent certified title status report;
       (3) in the case of a proposed residential leasehold 
     mortgage or land mortgage, the relevant Federal agency that 
     insures or guarantees the loan; and
       (4) if requested, any individual or entity described in 
     section 150.303 of title 25, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).
       (d) Access to Trust Asset and Accounting Management 
     System.--Beginning on the date of enactment of this Act, the 
     relevant Federal agencies and Indian Tribes shall have read-
     only access to the Trust Asset and Accounting Management 
     System maintained by the Bureau.
       (e) Annual Report.--
       (1) In general.--Not later than March 1 of each calendar 
     year, the Director shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a report describing--
       (A) for the most recent calendar year, the number of 
     requests received to complete residential leasehold mortgage 
     packages, business leasehold mortgage packages, land mortgage 
     packages, and right-of-way document packages (including any 
     requests for corresponding first certified title status 
     reports and subsequent certified title status reports), 
     including a detailed description of--
       (i) requests that were and were not successfully completed 
     by the applicable deadline described in subsection (a) by 
     each applicable Bureau office; and
       (ii) the reasons for each applicable Bureau office not 
     meeting any applicable deadlines; and
       (B) the length of time needed by each applicable Bureau 
     office during the most recent calendar year to provide the 
     notices required under subsection (b)(1).
       (2) Requirement.--In submitting the report required under 
     paragraph (1), the Director shall maintain the 
     confidentiality of personally identifiable information of the 
     parties involved in requesting the completion of residential 
     leasehold mortgage packages, business leasehold mortgage 
     packages, land mortgage packages, and right-of-way document 
     packages (including any corresponding first certified title 
     status reports and subsequent certified title status 
     reports).
       (f) GAO Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that includes--
       (1) an evaluation of the need for residential leasehold 
     mortgage packages, business leasehold mortgage packages, land 
     mortgage packages, and right-of-way document packages of each 
     Indian Tribe to be digitized for the purpose of streamlining 
     and expediting the completion of mortgage packages for 
     residential mortgages on Indian land (including the 
     corresponding first certified title status reports and 
     subsequent certified title status reports); and
       (2) an estimate of the time and total cost necessary for 
     Indian Tribes to digitize the records described in paragraph 
     (1), in conjunction with assistance in that digitization from 
     the Bureau.

     SEC. 204. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.

       (a) In General.--The Director shall establish within the 
     Division of Real Estate Services of the Bureau the position 
     of Realty Ombudsman, who shall report directly to the 
     Secretary of the Interior.

[[Page S9651]]

       (b) Functions.--The Realty Ombudsman shall--
       (1) ensure that the applicable Bureau offices are meeting 
     the mortgage review and processing deadlines established by 
     section 203(a);
       (2) ensure that the applicable Bureau offices comply with 
     the notices required under subsections (a) and (b) of section 
     203;
       (3) serve as a liaison to other Federal agencies, including 
     by--
       (A) ensuring the Bureau is responsive to all of the 
     inquiries from the relevant Federal agencies; and
       (B) helping to facilitate communications between the 
     relevant Federal agencies and the Bureau on matters relating 
     to mortgages on Indian land;
       (4) receive inquiries, questions, and complaints directly 
     from Indian Tribes, members of Indian Tribes, and lenders in 
     regard to executed residential leasehold mortgages, business 
     leasehold mortgages, land mortgages, or right-of-way 
     documents; and
       (5) serve as the intermediary between the Indian Tribes, 
     members of Indian Tribes, and lenders and the Bureau in 
     responding to inquiries and questions and resolving 
     complaints.

 TITLE III--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2022

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2022''.

     SEC. 302. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2023 through 2033''.

     SEC. 304. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 306. PROGRAM REQUIREMENTS.

       Section 203(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as 
     amended by section 305) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Application of tribal policies.--Paragraph (3) shall 
     not apply if--
       ``(A) the recipient has a written policy governing rents 
     and homebuyer payments charged for dwelling units; and
       ``(B) that policy includes a provision governing maximum 
     rents or homebuyer payments, including tenant protections.''; 
     and
       (4) in paragraph (3) (as so redesignated), by striking ``In 
     the case of'' and inserting ``In the absence of a written 
     policy governing rents and homebuyer payments, in the case 
     of''.

     SEC. 307. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

     SEC. 308. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 309. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 310. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 311. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.

[[Page S9652]]

       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 312. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 313. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 314. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING 
                   ACTIVITIES.

       Section 802(e) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is 
     amended by--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Subawards.--Notwithstanding any other provision of 
     law, including provisions of State law requiring competitive 
     procurement, the Director may make subawards to 
     subrecipients, except for for-profit entities, using amounts 
     provided under this title to carry out affordable housing 
     activities upon a determination by the Director that such 
     subrecipients have adequate capacity to carry out activities 
     in accordance with this Act.''.

     SEC. 315. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2023 
     through 2033.''.

     SEC. 316. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 317. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-Based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).''.

     SEC. 318. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING 
                   GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 319. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184(b)(4) of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) 
     is amended by--
       (1) redesignating subparagraphs (A) through (D) as clauses 
     (i) through (iv), respectively, and adjusting the margins 
     accordingly;
       (2) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (3) in subparagraph (A), as so designated, by adding at the 
     end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (4) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2023 through 2033''.

     SEC. 320. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (c)(4)(B)--
       (A) by redesignating clause (iv) as clause (v); and
       (B) by adding after clause (iii) the following:
       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (2) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''.

     SEC. 321. ASSISTANT SECRETARY FOR INDIAN HOUSING.

       The Department of Housing and Urban Development Act (42 
     U.S.C. 3531 et seq.) is amended--
       (1) in section 4 (42 U.S.C. 3533)--

[[Page S9653]]

       (A) in subsection (a)(1), by striking ``7'' and inserting 
     ``8''; and
       (B) in subsection (e)--
       (i) by redesignating paragraph (2) as paragraph (4); and
       (ii) by striking ``(e)(1)(A) There'' and all that follows 
     through the end of paragraph (1) and inserting the following:
       ``(e)(1) There is established within the Department the 
     Office of Native American Programs (in this subsection 
     referred to as the `Office') to be headed by an Assistant 
     Secretary for Native American Programs (in this subsection 
     referred to as the `Assistant Secretary'), who shall be 1 of 
     the Assistant Secretaries in subsection (a)(1).
       ``(2) The Assistant Secretary shall be responsible for--
       ``(A) administering, in coordination with the relevant 
     office in the Department, the provision of housing assistance 
     to Indian tribes or Indian housing authorities under each 
     program of the Department that provides for such assistance;
       ``(B) administering the community development block grant 
     program for Indian tribes under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
     and the provision of assistance to Indian tribes under such 
     Act;
       ``(C) directing, coordinating, and assisting in managing 
     any regional offices of the Department that administer Indian 
     programs to the extent of such programs; and
       ``(D) coordinating all programs of the Department relating 
     to Indian and Alaska Native housing and community 
     development.
       ``(3) The Secretary shall include in the annual report 
     under section 8 a description of the extent of the housing 
     needs for Indian families and community development needs of 
     Indian tribes in the United States and the activities of the 
     Department, and extent of such activities, in meeting such 
     needs.''; and
       (2) in section 8 (42 U.S.C. 3536), by striking ``section 
     4(e)(2)'' and inserting ``section 4(e)(4)''.

     SEC. 322. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to section, which shall identify the grantees 
     and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2023 through 2033 to carry out this section.

     SEC. 323. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(E) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or

[[Page S9654]]

       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 324. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     title or the amendments made by this title may be used for 
     purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.

                TITLE IV--URBAN INDIAN HEALTH CONFER ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Urban Indian Health Confer 
     Act''.

     SEC. 402. URBAN INDIAN ORGANIZATION CONFER POLICY.

        Section 514(b) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1660d) is amended to read as follows:
       ``(b) Requirement.--The Secretary shall ensure that the 
     Service and the other agencies and offices of the Department 
     confer, to the maximum extent practicable, with urban Indian 
     organizations in carrying out--
       ``(1) this Act; and
       ``(2) other provisions of law relating to Indian health 
     care.''.

TITLE V--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE DUCK 
         VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Technical Correction to 
     the Shoshone-Paiute Tribes of the Duck Valley Reservation 
     Water Rights Settlement Act of 2022''.

     SEC. 502. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON 
                   DEVELOPMENT FUND.

       Section 10807(b)(3) of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
       (1) by striking ``There is'' and inserting the following:
       ``(A) In general.--There is''; and
       (2) by adding at the end the following:
       ``(B) Adjusted interest payments.--There is authorized to 
     be appropriated to the Secretary for deposit into the 
     Development Fund $5,124,902.12.''.

             TITLE VI--NATIVE AMERICAN CHILD PROTECTION ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Native American Child 
     Protection Act''.

     SEC. 602. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
                   PREVENTION ACT AMENDMENTS.

       The Indian Child Protection and Family Violence Prevention 
     Act (25 U.S.C. 3202 et seq.) is amended as follows:
       (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to 
     read as follows:
       ``(A) in any case in which--
       ``(i)(I) a child is dead or exhibits evidence of skin 
     bruising, bleeding, malnutrition, failure to thrive, burns, 
     fracture of any bone, subdural hematoma, soft tissue 
     swelling; and
       ``(II) such condition is not justifiably explained or may 
     not be the product of an accidental occurrence; or
       ``(ii) a child is subjected to sexual assault, sexual 
     molestation, sexual exploitation, sexual contact, or 
     prostitution;''.
       (2) In section 409 (25 U.S.C. 3208)--
       (A) in subsection (a)--
       (i) by striking ``The Secretary of Health and Human 
     Services, acting through the Service and in cooperation with 
     the Bureau'' and inserting ``The Service, in cooperation with 
     the Bureau''; and
       (ii) by striking ``sexual abuse'' and inserting ``abuse or 
     neglect'';
       (B) in subsection (b) through the end of the section, by 
     striking ``Secretary of Health and Human Services'' each 
     place it appears and inserting ``Service'';

[[Page S9655]]

       (C) in subsection (b)(1), by inserting after ``Any Indian 
     tribe or intertribal consortium'' the following: ``, on its 
     own or in partnership with an urban Indian organization,'';
       (D) in subsections (b)(2)(B) and (d), by striking ``such 
     Secretary'' each place it appears and inserting ``the 
     Service'';
       (E) by amending subsection (c) to read as follows:
       ``(c) Culturally Appropriate Treatment.--In awarding grants 
     under this section, the Service shall encourage the use of 
     culturally appropriate treatment services and programs that 
     respond to the unique cultural values, customs, and 
     traditions of applicant Indian Tribes.'';
       (F) in subsection (d)(2), by striking ``the Secretary'' and 
     inserting ``the Service'';
       (G) by redesignating subsection (e) as subsection (f);
       (H) by inserting after subsection (d) the following:
       ``(e) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Service shall submit a report to Congress on the award of 
     grants under this section. The report shall contain--
       ``(1) a description of treatment and services for which 
     grantees have used funds awarded under this section; and
       ``(2) any other information that the Service requires.''; 
     and
       (I) by amending subsection (f) (as so redesignated by 
     subparagraph (G) of this paragraph), to read as follows:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $30,000,000 for each of fiscal years 2023 through 2028.''.
       (3) In section 410 (25 U.S.C. 3209)--
       (A) in the heading--
       (i) by inserting ``national'' before ``indian''; and
       (ii) by striking ``centers'' and inserting ``center'';
       (B) by amending subsections (a) and (b) to read as follows:
       ``(a) Establishment.--Not later than 1 year after the date 
     of the enactment of the Native American Child Protection Act, 
     the Secretary shall establish a National Indian Child 
     Resource and Family Services Center.
       ``(b) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Secretary of the Interior, acting through the Bureau of 
     Indian Affairs, shall submit a report to Congress on the 
     status of the National Indian Child Resource and Family 
     Services Center.'';
       (C) in subsection (c)--
       (i) by striking ``Each'' and inserting ``The''; and
       (ii) by striking ``multidisciplinary'';
       (D) in subsection (d)--
       (i) in the text before paragraph (1), by striking ``Each'' 
     and inserting ``The'';
       (ii) in paragraph (1), by striking ``and inter-tribal 
     consortia'' and inserting ``inter-tribal consortia, and urban 
     Indian organizations'';
       (iii) in paragraph (2), by inserting ``urban Indian 
     organizations,'' after ``tribal organizations,'';
       (iv) in paragraph (3)--

       (I) by inserting ``and technical assistance'' after 
     training; and
       (II) by striking ``and to tribal organizations'' and 
     inserting ``, Tribal organizations, and urban Indian 
     organizations'';

       (v) in paragraph (4)--

       (I) by inserting ``, State,'' after ``Federal''; and
       (II) by striking ``and tribal'' and inserting ``Tribal, and 
     urban Indian''; and

       (vi) by amending paragraph (5) to read as follows:
       ``(5) develop model intergovernmental agreements between 
     Tribes and States, and other materials that provide examples 
     of how Federal, State, and Tribal governments can develop 
     effective relationships and provide for maximum cooperation 
     in the furtherance of prevention, investigation, treatment, 
     and prosecution of incidents of family violence and child 
     abuse and child neglect involving Indian children and 
     families.''; and
       (E) in subsection (e)--
       (i) in the heading, by striking ``Multidisciplinary Team'' 
     and inserting ``Team'';
       (ii) in the text before paragraph (1), by striking ``Each 
     multidisciplinary'' and inserting ``The''; and
       (F) by amending subsections (f), (g), and (h) to read as 
     follows:
       ``(f) Center Advisory Board.--The Secretary shall establish 
     an advisory board to advise and assist the National Indian 
     Child Resource and Family Services Center in carrying out its 
     activities under this section. The advisory board shall 
     consist of 12 members appointed by the Secretary from Indian 
     Tribes, Tribal organizations, and urban Indian organizations 
     with expertise in child abuse and child neglect. Members 
     shall serve without compensation, but may be reimbursed for 
     travel and other expenses while carrying out the duties of 
     the board. The advisory board shall assist the Center in 
     coordinating programs, identifying training and technical 
     assistance materials, and developing intergovernmental 
     agreements relating to family violence, child abuse, and 
     child neglect.
       ``(g) Application of Indian Self-Determination Act to the 
     Center.--The National Indian Child Resource and Family 
     Services Center shall be subject to the provisions of the 
     Indian Self-Determination Act. The Secretary may also 
     contract for the operation of the Center with a nonprofit 
     Indian organization governed by an Indian-controlled board of 
     directors that have substantial experience in child abuse, 
     child neglect, and family violence involving Indian children 
     and families.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,000,000 for each of fiscal years 2023 through 2028.''.
       (4) In section 411 (25 U.S.C. 3210)--
       (A) in subsection (d)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``abuse and child 
     neglect'' and inserting ``abuse, neglect, or both'';
       (II) in subparagraph (B), by striking ``and'' at the end; 
     and
       (III) by inserting after subparagraph (C), the following:

       ``(D) development of agreements between Tribes, States, or 
     private agencies on the coordination of child abuse and 
     neglect prevention, investigation, and treatment services;
       ``(E) child protective services operational costs including 
     transportation, risk and protective factors assessments, 
     family engagement and kinship navigator services, and 
     relative searches, criminal background checks for prospective 
     placements, and home studies; and
       ``(F) development of a Tribal child protection or 
     multidisciplinary team to assist in the prevention and 
     investigation of child abuse and neglect;'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in culturally 
     appropriate ways'' after ``incidents of family violence''; 
     and
       (II) in subparagraph (C), by inserting ``that may include 
     culturally appropriate programs'' after ``training 
     programs''; and

       (iii) in paragraph (3)--

       (I) in subparagraph (A), by inserting ``and neglect'' after 
     ``abuse''; and
       (II) in subparagraph (B), by striking ``cases, to the 
     extent practicable,'' and inserting ``and neglect cases'';

       (B) in subsection (f)--
       (i) in paragraph (2), by striking ``develop, in 
     consultation with Indian tribes, appropriate caseload 
     standards and staffing requirements which are comparable to 
     standards developed by the National Association of Social 
     Work, the Child Welfare League of America and other 
     professional associations in the field of social work and 
     child welfare'' and inserting ``develop, not later than one 
     year after the date of the enactment of the Native American 
     Child Protection Act, in consultation with Indian Tribes, 
     appropriate caseload standards and staffing requirements'';
       (ii) in paragraph (3)(D), by striking ``sexual abuse'' and 
     inserting ``abuse and neglect, high incidence of family 
     violence'';
       (iii) by amending paragraph (4) to read as follows:
       ``(4) The formula established pursuant to this subsection 
     shall provide funding necessary to support not less than one 
     child protective services or family violence caseworker, 
     including fringe benefits and support costs, for each Indian 
     Tribe.''; and
       (iv) in paragraph (5), by striking ``tribes'' and inserting 
     ``Indian Tribes'';
       (C) by amending subsection (g) to read as follows:
       ``(g) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Secretary of the Interior, acting through the Bureau of 
     Indian Affairs, shall submit a report to Congress on the 
     award of grants under this section. The report shall 
     contain--
       ``(1) a description of treatment and services for which 
     grantees have used funds awarded under this section; and
       ``(2) any other information that the Secretary of the 
     Interior requires.''; and
       (D) by amending subsection (i) to read as follows:
       
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $60,000,000 for each of fiscal years 2023 through 2028.''.

         TITLE VII--NATIVE AMERICAN DIRECT LOAN IMPROVEMENT ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Native American Direct 
     Loan Improvement Act''.

     SEC. 702. IMPROVEMENTS TO PROGRAM FOR DIRECT HOUSING LOANS 
                   MADE TO NATIVE AMERICAN VETERANS BY THE 
                   SECRETARY OF VETERANS AFFAIRS.

       (a) Direct Loans to Native American Veterans To Refinance 
     Existing Mortgage Loans.--Section 3762(h)(1) of title 38, 
     United States Code, is amended by inserting ``and existing 
     mortgage loans'' after ``section''.
       (b) Expansion of Outreach Program on Availability of Direct 
     Housing Loans for Native American Veterans.--Section 
     3762(i)(2) of such title is amended by adding at the end the 
     following new subparagraph:
       ``(G) Awarding grants to local service providers, such as 
     tribal organizations, tribally designated housing entities, 
     Native community development financial institutions, and 
     nonprofit organizations, for conducting outreach, homebuyer 
     education, housing counseling, risk mitigation, and other 
     technical assistance as needed to assist Native American 
     veterans seeking to qualify for mortgage financing.''.
       (c) Definitions.--Section 3765 of such title is amended by 
     adding at the end the following new paragraphs:
       ``(6) The term `community development financial 
     institution' has the meaning given

[[Page S9656]]

     that term in section 103 of the Community Development Banking 
     and Financial Institutions Act of 1994 (12 U.S.C. 4702).
       ``(7) The term `Native community development financial 
     institution' means any entity--
       ``(A) that has been certified as a community development 
     financial institution by the Secretary of the Treasury;
       ``(B) that is not less than 50 percent owned or controlled 
     by Indians, Alaska natives, or native Hawaiians; and
       ``(C) for which not less than 50 percent of the activities 
     of the entity serve Indians, Alaska natives, or native 
     Hawaiians.
       ``(8) The term `tribally designated housing entity' has the 
     meaning given that term in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103).''.

     SEC. 703. PILOT PROGRAM ON RELENDING OF DIRECT HOUSING LOANS 
                   BY NATIVE COMMUNITY DEVELOPMENT FINANCIAL 
                   INSTITUTIONS.

       (a) Definitions.--In this section--
       (1) the term ``Alaska Native'' has the meaning given the 
     term ``Native'' in section 3(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(b));
       (2) the term ``community development financial 
     institution'' has the meaning given the term in section 103 
     of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4702);
       (3) the term ``Indian Tribe'' has the meaning given the 
     term ``Indian tribe'' in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103);
       (4) the term ``Native American veteran'' has the meaning 
     given the term in section 3765 of title 38, United States 
     Code;
       (5) the term ``Native community development financial 
     institution'' means an entity--
       (A) that has been certified as a community development 
     financial institution by the Secretary of the Treasury;
       (B) that is not less than 50 percent owned or controlled by 
     members of Indian Tribes, Alaska Native communities, or 
     Native Hawaiian communities; and
       (C) for which not less than 50 percent of the activities of 
     the entity serve Indian Tribes, Alaska Native communities, or 
     Native Hawaiian communities;
       (6) the term ``Native Hawaiian'' has the meaning given the 
     term in section 801 of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4221);
       (7) the term ``pilot program'' means the pilot program 
     carried out under this section;
       (8) the term ``priority Tribal land'' means--
       (A) any land located within the boundaries of--
       (i) an Indian reservation, pueblo, or rancheria; or
       (ii) a former reservation within Oklahoma;
       (B) any land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria, the title to which is 
     held--
       (i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;
       (ii) by an Indian Tribe or an individual Indian, subject to 
     restriction against alienation under laws of the United 
     States; or
       (iii) by a dependent Indian community;
       (C) any land located within a region established pursuant 
     to section 7(a) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1606(a));
       (D) Hawaiian Home Lands, as defined in section 801 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4221); or
       (E) those areas or communities designated by the Assistant 
     Secretary of Indian Affairs of the Department of the Interior 
     that are near, adjacent, or contiguous to reservations where 
     financial assistance and social service programs are provided 
     to Indians because of their status as Indians; and
       (9) the term ``qualified non-Native American veteran'' has 
     the meaning given the term in section 3765 of title 38, 
     United States Code.
       (b) Establishment.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of making direct housing loans to Native 
     community development financial institutions to allow such 
     institutions to relend loan amounts to qualified Native 
     American veterans and qualified non-Native American veterans.
       (c) Application Requirements.--A Native community 
     development financial institution desiring a loan under the 
     pilot program shall demonstrate that the institution--
       (1) can provide the non-Federal cost share required under 
     paragraph (6); and
       (2) is able to originate and service loans for single 
     family homes.
       (d) Lending Requirements.--A Native community development 
     financial institution that receives a loan pursuant to the 
     pilot program shall--
       (1) use those amounts to make loans to borrowers who--
       (A) are members of an Indian Tribe, an Alaska Native 
     community, or a Native Hawaiian community; or
       (B) maintain a household in which not less 1 member is a 
     member of an Indian Tribe, an Alaska Native community, or a 
     Native Hawaiian community; and
       (2) in making loans under paragraph (1), give priority to 
     borrowers described in that paragraph who are residing on 
     priority Tribal land.
       (e) Interest Rate.--A loan made to a Native community 
     development financial institution under the pilot program 
     shall bear interest at a rate of 1 percent.
       (f) Non-Federal Cost Share.--
       (1) In general.--A Native community development financial 
     institution that receives a loan under the pilot program 
     shall be required to match not less than 20 percent of the 
     amount received.
       (2) Waiver.--In the case of a loan for which amounts are 
     used to make loans to borrowers described in subsection 
     (d)(2), the Secretary shall waive the non-Federal cost share 
     requirement described in paragraph (1) with respect to those 
     loan amounts.
       (g) Repayment.--A Native community development financial 
     institution shall repay a loan made under the pilot program 
     to the Secretary of Veterans Affairs.
       (h) Funding.--Of amounts made available, for the fiscal 
     year following the fiscal year in which this Act is enacted, 
     for the program for direct housing loans for Native American 
     veterans under subchapter V of chapter 37 of title 38, United 
     States Code, the Secretary of Veterans Affairs may use 
     $5,000,000 to carry out the pilot program.

              TITLE VIII--SILETZ RESERVATION ACT AMENDMENT

     SEC. 801. SILETZ RESERVATION ACT AMENDMENT.

       Section 4 of Public Law 96-340 (commonly known as the 
     ``Siletz Reservation Act'') (96 Stat. 1074) is amended to 
     read as follows:

     ``SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.

       ``(a) Definitions.--In this section:
       ``(1) Consent decree.--The term `Consent Decree' means the 
     final judgment and decree of the United States District Court 
     for the District of Oregon, in the action entitled 
     `Confederated Tribes of Siletz Indians of Oregon against 
     State of Oregon', entered on May 2, 1980.
       ``(2) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       ``(3) Siletz agreement.--The term `Siletz Agreement' means 
     the agreement entitled `Agreement Among the State of Oregon, 
     the United States of America and the Confederated Tribes of 
     the Siletz Indians of Oregon to Permanently Define Tribal 
     Hunting, Fishing, Trapping, and Gathering Rights of the 
     Siletz Tribe and its Members' and entered into by the United 
     States on April 22, 1980.
       ``(b) Hunting, Fishing, Trapping, and Animal Gathering 
     Agreements.--
       ``(1) In general.--The Siletz Agreement shall remain in 
     effect until and unless replaced, amended, or otherwise 
     modified by 1 or more successor government-to-government 
     agreements between the Confederated Tribes of Siletz Indians 
     and the State of Oregon relating to the hunting, fishing, 
     trapping, and animal gathering rights of the Confederated 
     Tribes of Siletz Indians.
       ``(2) Amendments.--The Siletz Agreement or any successor 
     agreement entered into under paragraph (1) may be amended 
     from time to time by mutual consent of the Confederated 
     Tribes of Siletz Indians and the State of Oregon.
       ``(c) Judicial Review.--In any action brought in the United 
     States District Court for the District of Oregon to rescind, 
     overturn, modify, or provide relief under Federal law from 
     the Consent Decree, the United States District Court for the 
     District of Oregon shall review the application of the 
     parties on the merits without regard to the defense of res 
     judicata or collateral estoppel.
       ``(d) Effect.--Nothing in this section enlarges, confirms, 
     adjudicates, affects, or modifies any treaty or other right 
     of an Indian Tribe.''.

   TITLE IX--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING 
                               AUTHORITY

     SEC. 901. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION 
                   LEASING AUTHORITY.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is 
     amended, in the second sentence, by inserting ``, land held 
     in trust for the Confederated Tribes of the Chehalis 
     Reservation'' after ``Crow Tribe of Montana''.

   TITLE X--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Agua Caliente Land 
     Exchange Fee to Trust Confirmation Act''.

     SEC. 1002. LANDS TO BE TAKEN INTO TRUST.

       (a) In General.--The approximately 2,560 acres of land 
     owned by the Agua Caliente Band of Cahuilla Indians generally 
     depicted as ``Lands to be Taken into Trust'' on the map 
     entitled ``Agua Caliente Band of Cahuilla Indians Land to be 
     Taken into Trust'' and dated November 17, 2021, is hereby 
     taken into trust by the United States for the benefit of the 
     Agua Caliente Band of Cahuilla Indians.
       (b) Lands Part of Reservation.--Lands taken into trust by 
     this section shall be part of the Tribe's reservation and 
     shall be administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for an Indian Tribe.
       (c) Gaming Prohibited.--Lands taken into trust by this 
     section for the benefit of the

[[Page S9657]]

     Agua Caliente Band of Cahuilla Indians shall not be eligible 
     for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 
     2701 et seq.).

            TITLE XI--NATIVE AMERICAN TOURISM GRANT PROGRAMS

     SEC. 1101. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       The Native American Tourism and Improving Visitor 
     Experience Act (25 U.S.C. 4351 et seq.) is amended--
       (1) by redesignating section 6 (25 U.S.C. 4355) as section 
     7; and
       (2) by inserting after section 5 (25 U.S.C. 4354) the 
     following:

     ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       ``(a) Bureau of Indian Affairs Program.--The Director of 
     the Bureau of Indian Affairs may make grants to and enter 
     into agreements with Indian tribes and tribal organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(b) Office of Native Hawaiian Relations.--The Director of 
     the Office of Native Hawaiian Relations may make grants to 
     and enter into agreements with Native Hawaiian organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(c) Other Federal Agencies.--The heads of other Federal 
     agencies, including the Secretaries of Commerce, 
     Transportation, Agriculture, Health and Human Services, and 
     Labor, may make grants under this authority to and enter into 
     agreements with Indian tribes, tribal organizations, and 
     Native Hawaiian organizations to carry out the purposes of 
     this Act, as described in section 2.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.

TITLE XII--EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE ACTIVITIES OF, 
  THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF JUSTICE JOINT 
          COMMISSION ON REDUCING VIOLENT CRIME AGAINST INDIANS

     SEC. 1201. EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE 
                   ACTIVITIES OF, THE DEPARTMENT OF THE INTERIOR 
                   AND THE DEPARTMENT OF JUSTICE JOINT COMMISSION 
                   ON REDUCING VIOLENT CRIME AGAINST INDIANS.

       (a) Extension of Commission and Activities of the 
     Commission.--Section 4 of the Not Invisible Act of 2019 
     (Public Law 116-166; 134 Stat. 767) is amended--
       (1) in subsection (c)(2)(B), by striking ``18 months after 
     the enactment'' and inserting ``36 months after the date of 
     enactment''; and
       (2) in subsection (e), by striking ``2 years'' and 
     inserting ``42 months''.
       (b) Additional Support for Activities of Commission.--
     Section 4(b) of the Not Invisible Act of 2019 (Public Law 
     116-166; 134 Stat. 767) is amended--
       (1) in the subsection heading, by inserting ``; Operation'' 
     after ``Membership''; and
       (2) by adding at the end the following:
       ``(7) Funding.--The Secretary of the Interior and the 
     Attorney General shall contribute the funds necessary for the 
     operation of the Commission.
       ``(8) Gifts.--The Commission may accept and use gifts or 
     donations of services or property from Indian tribes or 
     Tribal entities, academic institutions, or other not-for-
     profit organizations as it considers necessary to carry out 
     the duties of the Commission described in subsection (c).''.
                                 ______
                                 
  SA 6580. Mr. HEINRICH (for Mr. Van Hollen) proposed an amendment to 
the bill S. 1294, to authorize the imposition of sanctions with respect 
to foreign persons that have engaged in significant theft of trade 
secrets of United States persons, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting American 
     Intellectual Property Act of 2022''.

     SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF 
                   TRADE SECRETS OF UNITED STATES PERSONS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the President shall submit to the 
     appropriate congressional committees a report--
       (A) identifying any foreign person the President 
     determines, during the period specified in paragraph (2)--
       (i) has knowingly engaged in, or benefitted from, 
     significant theft of trade secrets of United States persons, 
     if the theft of such trade secrets occurred on or after such 
     date of enactment and is reasonably likely to result in, or 
     has materially contributed to, a significant threat to the 
     national security, foreign policy, or economic health or 
     financial stability of the United States;
       (ii) has provided significant financial, material, or 
     technological support for, or goods or services in support of 
     or to benefit significantly from, such theft;
       (iii) is an entity that is owned or controlled by, or that 
     has acted or purported to act for or on behalf of, directly 
     or indirectly, any foreign person identified under clause (i) 
     or (ii); or
       (iv) is a chief executive officer or member of the board of 
     directors of any foreign entity identified under clause (i) 
     or (ii);
       (B) describing the nature, objective, and outcome of the 
     theft of trade secrets each foreign person described in 
     subparagraph (A)(i) engaged in or benefitted from; and
       (C) assessing whether any chief executive officer or member 
     of the board of directors described in clause (iv) of 
     subparagraph (A) engaged in, or benefitted from, activity 
     described in clause (i) or (ii) of that subparagraph.
       (2) Period specified.--The period specified in this 
     paragraph is--
       (A) in the case of the first report required by paragraph 
     (1), the period beginning on the date of the enactment of 
     this Act and ending on the date on which the report is 
     required to be submitted; and
       (B) in the case of each subsequent report required by 
     paragraph (1), the one-year period preceding the date on 
     which the report is required to be submitted.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (b) Authority to Impose Sanctions.--
       (1) Sanctions applicable to entities.--In the case of a 
     foreign entity identified under subparagraph (A) of 
     subsection (a)(1) in the most recent report submitted under 
     that subsection, the President shall impose 5 or more of the 
     following:
       (A) Blocking of property.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the entity if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (C) Export-import bank assistance for exports to sanctioned 
     persons.--The President may direct the Export-Import Bank of 
     the United States not to give approval to the issuance of any 
     guarantee, insurance, extension of credit, or participation 
     in the extension of credit in connection with the export of 
     any goods or services to the entity.
       (D) Loans from united states financial institutions.--The 
     President may prohibit any United States financial 
     institution from making loans or providing credits to the 
     entity totaling more than $10,000,000 in any 12-month period 
     unless the person is engaged in activities to relieve human 
     suffering and the loans or credits are provided for such 
     activities.
       (E) Loans from international financial institutions.--The 
     President may direct the United States executive director to 
     each international financial institution to use the voice and 
     vote of the United States to oppose any loan from the 
     international financial institution that would benefit the 
     entity.
       (F) Prohibitions on financial institutions.--The following 
     prohibitions may be imposed against the entity if the entity 
     is a financial institution:
       (i) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the financial 
     institution as a primary dealer in United States Government 
     debt instruments.
       (ii) Prohibition on service as a repository of government 
     funds.--The financial institution may not serve as agent of 
     the United States Government or serve as repository for 
     United States Government funds.
     The imposition of either sanction under clause (i) or (ii) 
     shall be treated as one sanction for purposes of this 
     paragraph, and the imposition of both such sanctions shall be 
     treated as 2 sanctions for purposes of this paragraph.
       (G) Procurement sanction.--The United States Government may 
     not procure, or enter into any contract for the procurement 
     of, any goods or services from the entity.
       (H) Foreign exchange.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     transactions in foreign exchange that are subject to the 
     jurisdiction of the United States and in which the entity has 
     any interest.
       (I) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the entity.
       (J) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing 
     significant amounts of equity or debt instruments of the 
     entity.
       (K) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the entity.

[[Page S9658]]

       (L) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the entity, or on individuals performing similar 
     functions and with similar authorities as such officer or 
     officers, any of the sanctions under this paragraph.
       (2) Sanctions applicable to individuals.--In the case of an 
     alien identified under subparagraph (A) of subsection (a)(1) 
     in the most recent report submitted under that subsection, 
     the following shall apply:
       (A) Blocking of property.--The President shall, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the alien if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Ineligibility for visas, admission, or parole.--
       (i) Visas, admission, or parole.--An alien described in 
     subparagraph (A) of subsection (a)(1) is--

       (I) inadmissible to the United States;
       (II) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (III) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

       (ii) Current visas revoked.--

       (I) In general.--An alien described in subparagraph (A) of 
     subsection (a)(1) is subject to revocation of any visa or 
     other entry documentation regardless of when the visa or 
     other entry documentation is or was issued.
       (II) Immediate effect.--A revocation under subclause (I) 
     shall--

       (aa) take effect pursuant to section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)); and
       (bb) cancel any other valid visa or entry documentation 
     that is in the alien's possession.
       (c) National Interest Waiver.--The President may waive the 
     imposition of sanctions under subsection (b) with respect to 
     a person if the President--
       (1) determines that such a waiver is in the national 
     interests of the United States; and
       (2) not more than 15 days after issuing the waiver, submits 
     to the appropriate congressional committees a notification of 
     the waiver and the reasons for the waiver.
       (d)  Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (e) Exceptions.--
       (1) Intelligence activities.--This section shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Law enforcement activities.--Sanctions under this 
     section shall not apply with respect to any authorized law 
     enforcement activities of the United States.
       (3) Exception to comply with international agreements.--
     Sanctions under this section shall not apply with respect to 
     the admission of an alien to the United States if such 
     admission is necessary to comply with the obligations of the 
     United States under the Agreement regarding the Headquarters 
     of the United Nations, signed at Lake Success June 26, 1947, 
     and entered into force November 21, 1947, between the United 
     Nations and the United States, or the Convention on Consular 
     Relations, done at Vienna April 24, 1963, and entered into 
     force March 19, 1967, or other international obligations.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (f) Sunset.--This section shall terminate on the date that 
     is 7 years after the date of the enactment of this Act.
       (g) Definitions.--In this section:
       (1) Admission; admitted; alien; lawfully admitted for 
     permanent residence.--The terms ``admission'', ``admitted'', 
     ``alien'', and ``lawfully admitted for permanent residence'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (3) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, group, 
     subgroup, or other organization.
       (4) Export administration regulations.--The term ``Export 
     Administration Regulations'' has the meaning given that term 
     in section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801).
       (5) Foreign entity.--The term ``foreign entity'' means an 
     entity that is not a United States person.
       (6) Foreign person.--The term ``foreign person'' means any 
     person that is not a United States person.
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Person.--The term ``person'' means an individual or 
     entity.
       (9) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (10) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.
                                 ______
                                 
  SA 6581. Mr. HEINRICH (for Mr. Cornyn (for himself and Ms. 
Klobuchar)) proposed an amendment to the bill S. 3946, to reauthorize 
the Trafficking Victims Protection Act of 2017, and for other purposes; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Abolish Trafficking 
     Reauthorization Act of 2022''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

TITLE I--GRANTS RELATING TO HUMAN TRAFFICKING PREVENTION AND ASSISTANCE 
                    FOR VICTIMS OF HUMAN TRAFFICKING

Sec. 101. Grants for specialized human trafficking training and 
              technical assistance for service providers.
Sec. 102. Technical and clarifying update to civil remedy.
Sec. 103. Ensuring protection and confidentiality for survivors of 
              human trafficking.
Sec. 104. Grants for State improvements.
Sec. 105. Additional reauthorization.
Sec. 106. Redesignations.

         TITLE II--COMPENSATION OF VICTIMS OF HUMAN TRAFFICKING

Sec. 201. Bankruptcy.

                 TITLE III--CYBER HARASSMENT PREVENTION

                   Subtitle A--Cybercrime Statistics

Sec. 311. National strategy, classification, and reporting on 
              cybercrime.

           Subtitle B--Prioritizing Online Threat Enforcement

Sec. 321. Improved investigative and forensic resources for enforcement 
              of laws related to cybercrimes against individuals.
Sec. 322. Report.
Sec. 323. Information sharing.
Sec. 324. Training and technical assistance for States.

   TITLE IV--OTHER FEDERAL IMPROVEMENTS RELATING TO HUMAN TRAFFICKING

Sec. 401. Cybercrime.
Sec. 402. Elimination of barriers.
Sec. 403. Tip organizations.
Sec. 404. Data collection.
Sec. 405. Cumulative biennial report on data collection and statistics.
Sec. 406. Forced labor requirements.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Computer.--The term ``computer'' includes a computer 
     network and any interactive electronic device.
       (2) Cybercrime against individuals.--The term ``cybercrime 
     against individuals'' has the meaning given that term in 
     section 1401(a) Violence Against Women Act Reauthorization 
     Act of 2022 (34 U.S.C. 30107(a)).
       (3) Homeless youth.--The term ``homeless youth'' has the 
     meaning given the term ``homeless children and youths'' in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a).

TITLE I--GRANTS RELATING TO HUMAN TRAFFICKING PREVENTION AND ASSISTANCE 
                    FOR VICTIMS OF HUMAN TRAFFICKING

     SEC. 101. GRANTS FOR SPECIALIZED HUMAN TRAFFICKING TRAINING 
                   AND TECHNICAL ASSISTANCE FOR SERVICE PROVIDERS.

       (a) In General.--Section 111(c)(1) of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (34

[[Page S9659]]

     U.S.C. 20708(c)(1)) is amended by inserting ``, which may 
     include programs to build law enforcement capacity to 
     identify and respond to human trafficking that are funded 
     through the Office of Community Oriented Policing Services of 
     the Department of Justice, such as the Interdiction for the 
     Protection of Children Program'' before the semicolon.
       (b) Conforming Amendment.--Section 107(c)(4)(A) of the 
     Victims of Trafficking and Violence Protection Act of 2000 
     (22 U.S.C. 7105(c)(4)(A)) is amended by inserting ``in order 
     to fulfill the purposes described in section 111 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (34 U.S.C. 20708)'' before the 
     period at the end.

     SEC. 102. TECHNICAL AND CLARIFYING UPDATE TO CIVIL REMEDY.

       Section 1595(a) of title 18, United States Code, is amended 
     by inserting ``or attempts or conspires to benefit,'' after 
     ``whoever knowingly benefits,''.

     SEC. 103. ENSURING PROTECTION AND CONFIDENTIALITY FOR 
                   SURVIVORS OF HUMAN TRAFFICKING.

       The Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7101 et seq.) is amended by adding at the end the following:

     ``SEC. 114. ENSURING PROTECTION AND CONFIDENTIALITY FOR 
                   SURVIVORS OF HUMAN TRAFFICKING.

       ``(a) Definitions.--In this section--
       ``(1) the term `covered grant' means a grant from the 
     Attorney General or the Secretary of Health and Human 
     Services under section 106(b), 107(b), or 107(f); and
       ``(2) the term `covered recipient' means a grantee or 
     subgrantee receiving funds under a covered grant.
       ``(b) Grant Conditions.--Covered grants and covered 
     recipients shall be subject, at the election of the Attorney 
     General or the Secretary of Health and Human Services, as 
     applicable, to--
       ``(1) the conditions under section 40002(b)(2) of the 
     Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) 
     that apply with respect to grants under such Act and grantees 
     and subgrantees for such grants; or
       ``(2) the conditions under section 306(c)(5) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) 
     that apply with respect to grants under such Act and grantees 
     and subgrantees for such grants.
       ``(c) Department of Justice-sponsored Research.--Nothing in 
     this section shall be construed to prohibit a covered 
     recipient from sharing personally identifying information 
     with researchers seeking the information for the purposes of 
     conducting research--
       ``(1) that is funded by the Department of Justice;
       ``(2) for which protections are in place in accordance with 
     the requirements under part 22 of title 28, Code of Federal 
     Regulations, or any successor thereto, and section 812(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10231(a)); and
       ``(3) for which a current privacy certificate is on file 
     documenting how the researchers intend to fulfill the 
     obligations under such part 22.''.

     SEC. 104. GRANTS FOR STATE IMPROVEMENTS.

       (a) Enhancing the Ability of State, Local, and Tribal Child 
     Welfare Agencies to Identify and Respond to Children Who Are, 
     or Are at Risk of Being, Victims of Trafficking.--
       (1) In general.--Title II of the Trafficking Victims 
     Protection Reauthorization Act of 2005 (34 U.S.C. 20701 et 
     seq.) is amended by inserting after section 204 the 
     following:

     ``SEC. 204A. ENHANCING THE ABILITY OF STATE, LOCAL, AND 
                   TRIBAL CHILD WELFARE AGENCIES TO IDENTIFY AND 
                   RESPOND TO CHILDREN WHO ARE, OR ARE AT RISK OF 
                   BEING, VICTIMS OF TRAFFICKING.

       ``(a) Grants To Enhance Child Welfare Services.--The 
     Secretary of Health and Human Services may make grants to 
     eligible States to develop, improve, or expand programs that 
     assist State, local, or Tribal child welfare agencies with 
     identifying and responding to--
       ``(1) children considered victims of `child abuse and 
     neglect' and of `sexual abuse' under the application of 
     section 111(b)(1) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5106g(b)(1)) because of being identified as 
     being a victim or at risk of being a victim of a severe form 
     of trafficking in persons; and
       ``(2) children over whom such agencies have responsibility 
     for placement, care, or supervision and for whom there is 
     reasonable cause to believe are, or are at risk of being a 
     victim of 1 or more severe forms of trafficking in persons.
       ``(b) Definitions.--In this section:
       ``(1) Child.--The term `child' means an individual who has 
     not attained 18 years of age or such older age as the State 
     has elected under section 475(8) of the Social Security Act 
     (42 U.S.C. 675(8)). At the option of an eligible State, such 
     term may include an individual who has not attained 26 years 
     of age.
       ``(2) Eligible state.--The term `eligible State' means a 
     State that has not received more than 3 grants under this 
     section and meets 1 or more of the following criteria:
       ``(A) Elimination of third party control requirement.--The 
     State has eliminated or will eliminate any requirement 
     relating to identification of a controlling third party who 
     causes a child to engage in a commercial sex act in order for 
     the child to be considered a victim of trafficking or a 
     victim of 1 or more severe forms of trafficking in persons 
     for purposes of accessing child welfare services and care.
       ``(B) Application of standard for human trafficking.--The 
     State considers a child to be a victim of trafficking if the 
     individual is a victim of a severe form of trafficking in 
     persons, as described in subparagraph (A) of section 103(11) 
     of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102(11)).
       ``(C) Development and implementation of state child welfare 
     plan protocols.--The State agency responsible for 
     administering the State plan for foster care and adoption 
     assistance under part E of title IV of the Social Security 
     Act (42 U.S.C. 670 et seq.) has developed and is implementing 
     or will develop and implement protocols that meet the 
     following reporting requirements:
       ``(i) The requirement to report immediately, and in no case 
     later than 24 hours after receiving, information on children 
     who have been identified as being a victim of a severe form 
     of trafficking in persons to law enforcement authorities 
     under paragraph (34)(A) of section 471(a) of the Social 
     Security Act (42 U.S.C. 671(a)).
       ``(ii) The requirement to report immediately, and in no 
     case later than 24 hours after receiving, information on 
     missing or abducted children to law enforcement authorities, 
     including children classified as `runaways', for entry into 
     the National Crime Information Center (NCIC) database of the 
     Federal Bureau of Investigation, and to the National Center 
     for Missing and Exploited Children, under paragraph (35)(B) 
     of such section.
       ``(iii) The requirement to report to the Secretary of 
     Health and Human Services the total number of children who 
     are victims of child human trafficking under paragraph 
     (34)(B) of such section.
       ``(D) Trafficking-specific protocol.--The State has 
     developed and implemented or will develop and implement a 
     specialized protocol for responding to a child who is, or is 
     at risk of being, a trafficking victim to ensure the response 
     focuses on the child's specific safety needs as a victim of 
     trafficking, and that includes the development and use of an 
     alternative mechanism for investigating and responding to 
     cases of child human trafficking in which the alleged 
     offender is not the child's parent or caregiver without 
     utilizing existing processes for investigating and responding 
     to other forms of child abuse or neglect that require the 
     filing of an abuse or neglect petition.
       ``(3) Indian tribe; tribal organization.--The term `Indian 
     tribe' and `tribal organization' have the meanings given 
     those terms in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       ``(4) State.--The term `State' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands. Such term 
     includes an Indian tribe, tribal organization, or tribal 
     consortium with a plan approved under section 479B of the 
     Social Security Act (42 U.S.C. 679c), or which is receiving 
     funding to provide foster care under part E of title IV of 
     such Act pursuant to a cooperative agreement or contract with 
     a State.''.
       (2) Conforming amendment.--The table of contents for the 
     Trafficking Victims Protection Reauthorization Act of 2005 
     (Public Law 109-164; 22 U.S.C. 7101 note) is amended by 
     inserting after the item relating to section 204 the 
     following:
``204A. Enhancing the ability of State, local, and Tribal child welfare 
              agencies to identify and respond to children who are, or 
              are at risk of being, victims of trafficking.''.
       (b) Funding.--Section 113(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7110(b)) is amended by 
     adding at the end the following:
       ``(3) Grants for state improvements.--To carry out the 
     purposes of section 204A of the Trafficking Victims 
     Protection Reauthorization Act of 2005, there are authorized 
     to be appropriated $4,000,000 to the Secretary of Health and 
     Human Services for each of fiscal years 2022 through 2027.''.
       (c) Sense of Congress Regarding Health Care Professionals 
     and Trafficking Prevention.--It is the sense of Congress that 
     health care and social service licensing boards and 
     professional membership associations should facilitate access 
     to trafficking-specific training guided by the Department of 
     Health and Human Service's Core Competencies for Human 
     Trafficking Response in Health Care and Behavioral Health 
     Systems on--
       (1) the scope and signs of human trafficking and child 
     sexual abuse that present in the applicable health care, 
     behavioral health, or social services settings;
       (2) how to interact with potential victims of trafficking 
     (as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)) and with survivors 
     of human trafficking, using an age-appropriate, gender-
     responsive, culturally and linguistically appropriate, and 
     trauma-informed approach; and
       (3) the manner in which to respond to victims and potential 
     victims of trafficking or child sexual exploitation and 
     abuse.

     SEC. 105. ADDITIONAL REAUTHORIZATION.

       (a) Airport Personnel Training To Identify and Report Human 
     Trafficking Victims.--Section 303 of the Frederick Douglass

[[Page S9660]]

     Trafficking Victims Prevention and Protection Reauthorization 
     Act of 2018 (Public Law 115-425; 132 Stat. 5488) is amended 
     by striking ``2018 through 2021'' and inserting ``2022 
     through 2027''.
       (b) Hero Corps Hiring.--Section 890A(g)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 473(g)(2)) is amended by 
     striking ``2019 through 2022'' and inserting ``2022 through 
     2027''.
       (c) Reauthorizing the Special Assessment and Ensuring Full 
     Funding for the Domestic Trafficking Victims' Fund.--Section 
     3014 of title 18, United States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and ending on December 16, 2022''; and
       (2) in subsection (e)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2027'';
       (B) in subparagraph (A), by striking ``(42 U.S.C. 14044c)'' 
     and inserting ``(34 U.S.C. 20705)'';
       (C) in subparagraph (C), by striking ``(42 U.S.C. 
     13002(b))'' and inserting ``(34 U.S.C. 20304)''; and
       (D) in subparagraph (D), by striking ``(42 U.S.C. 17616)'' 
     and inserting ``(34 U.S.C. 21116)''.
       (d) Extension of Anti-Trafficking Grant Programs.--The 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
     seq.) is amended--
       (1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4)), by 
     striking ``2018 through 2021'' and inserting ``2022 through 
     2027'';
       (2) in section 112B(d) (22 U.S.C. 7109b(d)) is amended by 
     striking ``2008 through 2011'' and inserting ``2022 through 
     2027''; and
       (3) in section 113 (22 U.S.C. 7110)--
       (A) in subsection (b)(2), by striking ``2018 through 2021'' 
     and inserting ``2022 through 2027'';
       (B) in subsection (d)(3), by striking ``2018 through 2021'' 
     and inserting ``2022 through 2027''; and
       (C) in subsection (e)(3), by striking ``2008 through 2011'' 
     and inserting ``2022 through 2027''.
       (e) Grants for Rape, Abuse & Incest National Network.--
     Section 628(d) of the Adam Walsh Child Protection and Safety 
     Act of 2006 (34 U.S.C. 20985(d)) is amended by striking 
     ``fiscal years 2007 through 2010'' and inserting ``fiscal 
     years 2022 through 2027''.

     SEC. 106. REDESIGNATIONS.

       (a) Grants for Specialized Human Trafficking Training and 
     Technical Assistance for Service Providers.--Section 111 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (34 U.S.C. 20708) is redesignated 
     as section 208 of the Trafficking Victims Protection 
     Reauthorization Act of 2005 and transferred so as to appear 
     after section 207 of the Trafficking Victims Protection 
     Reauthorization Act of 2005.
       (b) Additional Provisions.--
       (1) Justice for victims of trafficking act of 2015.--
     Sections 114, 119, and 606 of the Justice for Victims of 
     Trafficking Act of 2015 (34 U.S.C. 20709, 20710, 20711) are 
     redesignated as sections 209, 210, and 211, respectively, of 
     the Trafficking Victims Protection Reauthorization Act of 
     2005 and transferred so as to appear after section 208 of the 
     Trafficking Victims Protection Reauthorization Act of 2005, 
     as so redesignated and transferred by subsection (a) of this 
     section.
       (2) Abolish human trafficking act of 2017.--Section 7 of 
     the Abolish Human Trafficking Act of 2017 (34 U.S.C. 20709a) 
     is redesignated as section 212 of the Trafficking Victims 
     Protection Reauthorization Act of 2005 and transferred so as 
     to appear after section 211 of the Trafficking Victims 
     Protection Reauthorization Act of 2005, as so redesignated 
     and transferred by paragraph (1) of this subsection.
       (3) Trafficking victims protection act of 2017.--Sections 
     501 and 504 of the Trafficking Victims Protection Act of 2017 
     (34 U.S.C. 20709b, 20709c) are redesignated as sections 213 
     and 214, respectively, of the Trafficking Victims Protection 
     Reauthorization Act of 2005 and transferred so as to appear 
     after section 212 of the Trafficking Victims Protection 
     Reauthorization Act of 2005, as so redesignated and 
     transferred by paragraph (2) of this subsection.

         TITLE II--COMPENSATION OF VICTIMS OF HUMAN TRAFFICKING

     SEC. 201. BANKRUPTCY.

       Section 523(a) of title 11, United States Code, is 
     amended--
       (1) in paragraph (18), by striking ``or'' at the end;
       (2) in paragraph (19), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (19) the following:
       ``(20) for injury to an individual by the debtor relating 
     to a violation of chapter 77 of title 18, including injury 
     caused by an instance in which the debtor knowingly 
     benefitted financially, or by receiving anything of value, 
     from participation in a venture that the debtor knew or 
     should have known engaged in an act in violation of chapter 
     77 of title 18.''.

                 TITLE III--CYBER HARASSMENT PREVENTION

                   Subtitle A--Cybercrime Statistics

     SEC. 311. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON 
                   CYBERCRIME.

       (a) National Strategy.--The Attorney General, in 
     consultation with the Secretary of Homeland Security, shall 
     develop a national strategy, which shall be developed to 
     supplement, not duplicate, the National Strategy to Combat 
     Human Trafficking and the National Strategy for Child 
     Exploitation Prevention and Interdiction of the Department of 
     Justice, to--
       (1) reduce the incidence of cybercrimes against 
     individuals;
       (2) coordinate investigations of cybercrimes against 
     individuals by Federal law enforcement agencies; and
       (3) increase the number of Federal prosecutions of 
     cybercrimes against individuals.
       (b) Reporting on Cybercrime Taxonomy.--Section 3(c) of the 
     Better Cybercrime Metrics Act (34 U.S.C. 30109 note) is 
     amended, in the matter preceding paragraph (1), by inserting 
     ``, which shall include the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives,'' after ``committees of Congress''.

           Subtitle B--Prioritizing Online Threat Enforcement

     SEC. 321. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR 
                   ENFORCEMENT OF LAWS RELATED TO CYBERCRIMES 
                   AGAINST INDIVIDUALS.

       Subject to the availability of appropriations to carry out 
     this section, the Attorney General, in consultation with the 
     Director of the Federal Bureau of Investigation and the 
     Secretary of Homeland Security, including the Executive 
     Associate Director of Homeland Security Investigations, 
     shall, with respect to cybercrimes against individuals--
       (1) ensure that there are not fewer than 10 additional 
     operational agents of the Federal Bureau of Investigation 
     designated to support the Criminal Division of the Department 
     of Justice in the investigation and coordination of 
     cybercrimes against individuals;
       (2) ensure that each office of a United States Attorney 
     designates at least 1 Assistant United States Attorney as 
     responsible for investigating and prosecuting cybercrimes 
     against individuals; and
       (3) ensure the implementation of a regular and 
     comprehensive training program--
       (A) the purpose of which is to train agents of the Federal 
     Bureau of Investigation in the investigation and prosecution 
     of such crimes and the enforcement of laws related to 
     cybercrimes against individuals; and
       (B) that includes relevant forensic training related to 
     investigating and prosecuting cybercrimes against 
     individuals.

     SEC. 322. REPORT.

       (a) In General.--Not later than 1 year after the date on 
     which the National Academy of Sciences submits the report 
     required under section 3(c) of the Better Cybercrime Metrics 
     Act (34 U.S.C. 30109 note), and once each year thereafter, 
     the Director of the Office for Victims of Crime shall submit 
     a report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives that addresses, to the extent data are 
     available, the nature, extent, and amount of funding under 
     the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.) 
     for victims of cybercrimes against individuals.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) an analysis of victims' assistance, victims' 
     compensation, and discretionary grants under which victims of 
     cybercrimes against individuals received assistance; and
       (2) recommendations for improving services for victims of 
     cybercrimes against individuals.

     SEC. 323. INFORMATION SHARING.

       (a) Reciprocal Information Sharing.--
       (1) In general.--Subtitle I of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 481 et seq.) is amended--
       (A) by striking sections 895 through 899; and
       (B) by adding at the end the following:

     ``SEC. 895. RECIPROCAL INFORMATION SHARING.

       ``Acting in accordance with a bilateral or multilateral 
     arrangement, the Secretary, in the Secretary's discretion and 
     on the basis of reciprocity, may provide information from the 
     National Sex Offender Registry relating to a conviction for a 
     sex offense against a minor (as such terms are defined in 
     section 111 of the Adam Walsh Child Protection and Safety Act 
     of 2006 (34 U.S.C. 20911)) to a foreign government upon the 
     request of the foreign government, and may receive comparable 
     information from the foreign government.''.
       (2) Conforming amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the items 
     relating to sections 895 through 899 and inserting the 
     following:
``Sec. 895. Reciprocal information sharing.''.
       (3) Rule of construction.--Nothing in the amendments made 
     by this subsection shall be construed to effect the 
     amendments made by sections 895 through 899 of the Homeland 
     Security Act of 2002 (Public Law 107-296; 116 Stat. 2256).
       (b) Clarification With Respect to Continuing 
     Registration.--Section 240(b) of William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 
     (22 U.S.C. 212b(b)) is amended by adding at the end the 
     following:
       ``(3) Clarification with respect to continuing 
     registration.--An individual may not be issued or reissued a 
     passport without a unique identifier solely because the 
     individual has moved or otherwise resides outside the United 
     States.''.

[[Page S9661]]

  


     SEC. 324. TRAINING AND TECHNICAL ASSISTANCE FOR STATES.

       The Attorney General, in consultation with the Secretary of 
     Homeland Security, the Director of the United States Secret 
     Service, the Executive Associate Director of Homeland 
     Security Investigations, and nongovernmental and survivor 
     stakeholders, shall create, compile, evaluate, and 
     disseminate materials and information, and provide the 
     necessary training and technical assistance, to assist States 
     and units of local government in--
       (1) investigating, prosecuting, pursuing, preventing, 
     understanding, and mitigating the impact of--
       (A) physical, sexual, and psychological abuse of cybercrime 
     victims, including victims of human trafficking that is 
     facilitated by interactive computer services;
       (B) exploitation of cybercrime victims; and
       (C) deprioritization of cybercrime; and
       (2) assessing, addressing, and mitigating the physical and 
     psychological trauma to victims of cybercrime.

   TITLE IV--OTHER FEDERAL IMPROVEMENTS RELATING TO HUMAN TRAFFICKING

     SEC. 401. CYBERCRIME.

       Subject to the availability of appropriations, and in 
     accordance with the comparable level of the General Schedule, 
     the Attorney General and the Secretary of Homeland Security 
     shall provide incentive pay, in an amount that is not more 
     than 25 percent of the basic pay of the individual, to an 
     individual appointed to a position in the Department of 
     Justice (including the Federal Bureau of Investigation) or 
     the Department of Homeland Security (including positions in 
     Homeland Security Investigations), respectively, requiring 
     significant cyber skills, including to aid in--
       (1) the protection of trafficking victims;
       (2) the prevention of trafficking in persons; or
       (3) the prosecution of technology-facilitated crimes 
     against children by buyers or traffickers in persons.

     SEC. 402. ELIMINATION OF BARRIERS.

       (a) Minors.--A Federal agency may not require a survivor of 
     human trafficking who is less than 18 years of age or a 
     homeless youth to obtain the consent or signature of the 
     parent or guardian of the survivor or homeless youth to 
     receive a copy of a Government-issued identity card issued to 
     the survivor or homeless youth.
       (b) Fees.--A Federal agency may not charge a survivor of 
     human trafficking or a homeless youth a fee to obtain a copy 
     of a Government-issued identity card issued to the survivor 
     or homeless youth.

     SEC. 403. TIP ORGANIZATIONS.

       Section 524(c)(1) of title 28, United States Code, is 
     amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(J) at the discretion of the Attorney General, payments 
     to reimburse operating expenses and program costs incurred by 
     crime-tip organizations that--
       ``(i) annually waive their qualification for--
       ``(I) awards for information leading to forfeiture under 
     subparagraph (C); and
       ``(II) receiving payment from equitably shared forfeiture 
     funds; and
       ``(ii) offer rewards for information about violations of 
     Federal criminal laws prohibiting human trafficking.''.

     SEC. 404. DATA COLLECTION.

       Section 105(d)(7) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7103(d)(7)) is amended--
       (1) in subparagraph (Q)--
       (A) in clause (vii), by adding ``and'' at the end; and
       (B) in clause (viii), by striking ``and'' at the end;
       (2) in subparagraph (R), by striking ``and'' at the end;
       (3) in the first subparagraph (S), as added by section 
     121(a) of the Frederick Douglass Trafficking Victims 
     Prevention and Protection Reauthorization Act of 2018 (Public 
     Law 115-425; 132 Stat. 5478), by striking the period at the 
     end and inserting a semicolon;
       (4) by redesignating the second subparagraph (S), as added 
     by section 7154(b) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 113 Stat. 2260), as 
     subparagraph (T);
       (5) in subparagraph (T), as so redesignated, by striking 
     the period at the end and inserting a semicolon; and
       (6) by adding at the end the following:
       ``(U) with respect to applications described in 
     subparagraph (B), (C), (D), or (F), when available, if the 
     application was denied, the reason for the denial and the 
     length of time it took for the denial to be issued; and
       ``(V) disaggregated data regarding--
       ``(i) the number of victims trafficked by third parties and 
     by family members;
       ``(ii) victims trafficked by victim age; and
       ``(iii) victims trafficked by the type of trafficking.''.

     SEC. 405. CUMULATIVE BIENNIAL REPORT ON DATA COLLECTION AND 
                   STATISTICS.

       Not later than 280 days after the date of enactment of this 
     Act, and every 2 years thereafter, the Attorney General and 
     the Secretary of Health and Human Services shall each submit 
     to the Committee on the Judiciary and the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on the Judiciary and the Committee on Energy and 
     Commerce of the House of Representatives the status of the 
     required data collection and reporting requirements of the 
     Attorney General and the Secretary, respectively, related to 
     trafficking, which shall include the status of--
       (1) the study required under section 201(a)(1)(B)(ii) of 
     the Trafficking Victims Protection Reauthorization Act of 
     2005 (34 U.S.C. 20701(a)(1)(B)(ii));
       (2) the State reports required under section 237(b) of the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (34 U.S.C. 41309(b)) to be 
     included in the Uniform Crime Reporting Program and the 
     National Incident-Based Reporting System;
       (3) the report required under section 237(c)(1)(A) of the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (Public Law 110-457; 122 Stat. 
     5084);
       (4) the report required under section 237(c)(1)(B) of the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (Public Law 110-457; 122 Stat. 
     5084);
       (5) the report required under section 237(c)(1)(C) of the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (Public Law 110-457; 122 Stat. 
     5084); and
       (6) the comprehensive study required under section 
     237(c)(2) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (Public Law 110-457; 
     122 Stat. 5085).

     SEC. 406. FORCED LABOR REQUIREMENTS.

       (a) Department of Justice.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall establish a 
     team of not less than 10 agents within the Federal Bureau of 
     Investigation to be assigned to exclusively investigate labor 
     trafficking.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out paragraph (1) $2,000,000 for 
     each of fiscal years 2022 to 2027, to remain available until 
     expended.
       (b) Department of Homeland Security.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish a team of not less than 10 agents within the 
     Center for Countering Human Trafficking of the Department of 
     Homeland Security to be assigned to exclusively investigate 
     labor trafficking.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out paragraph (1) $2,000,000 for 
     each of fiscal years 2022 to 2027, to remain available until 
     expended.
                                 ______
                                 
  SA 6582. Mr. HEINRICH (for Mr. Durbin (for himself and Mr. Cornyn)) 
proposed an amendment to the bill S. 4859, to reauthorize the Project 
Safe Neighborhoods Grant Program Authorization Act of 2018, and for 
other purposes; as follows:

       On page 3, line 12, strike ``(34 U.S.C. 60703)'' and insert 
     ``(34 U.S.C. 60703(b))''.
       On page 4, after line 5, add the following:

     SEC. 4. TASK FORCE SUPPORT.

       (a) Short Title.--This section may be cited as the 
     ``Officer Ella Grace French and Sergeant Jim Smith Task Force 
     Support Act of 2022''.
       (b) Amendment.--Section 4(b) of the Project Safe 
     Neighborhoods Grant Program Authorization Act of 2018 (34 
     U.S.C. 60703(b)), as amended by section 3(b), is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) support for multi-jurisdictional task forces.''.
                                 ______
                                 
  SA 6583. Mr. HEINRICH (for Mr. Grassley (for himself and Mrs. 
Feinstein)) proposed an amendment to the bill S. 3949, to reauthorize 
the Trafficking Victims Protection Act of 2000, and for other purposes; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Trafficking Victims 
     Prevention and Protection Reauthorization Act of 2022''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

  Subtitle A--Programs To Support Young Victims Who Are Vulnerable To 
                           Human Trafficking

Sec. 101. Authority to award competitive grants to enhance 
              collaboration between State child welfare and juvenile 
              justice systems.
Sec. 102. Elimination of sunset for Advisory Council on Human 
              Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.

     Subtitle B--Governmental Efforts To Prevent Human Trafficking

Sec. 121. Comptroller General report on oversight of Federal supply 
              chains.

[[Page S9662]]

Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions 
              into Codes of Conduct of all Federal departments and 
              executive agencies.
Sec. 123. Government Accountability Office study on accessibility of 
              mental health services and substance use disorder 
              services.
Sec. 124. NSF support of research on impacts of social media on human 
              trafficking.

         Subtitle C--Monitoring Child, Forced, and Slave Labor

Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting 
              counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department 
              of Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of 
              child sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption 
              assistance.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Extension of authorizations under the Victims of Trafficking 
              and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of 
              1930.

                        TITLE III--SEVERABILITY

Sec. 301. Severability.

     TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

  Subtitle A--Programs To Support Young Victims Who Are Vulnerable To 
                           Human Trafficking

     SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE 
                   COLLABORATION BETWEEN STATE CHILD WELFARE AND 
                   JUVENILE JUSTICE SYSTEMS.

       (a) In General.--Subpart 1 of part B of title IV of the 
     Social Security Act (42 U.S.C. 621 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 429A. GRANTS TO STATES TO ENHANCE COLLABORATION 
                   BETWEEN STATE CHILD WELFARE AND JUVENILE 
                   JUSTICE SYSTEMS.

       ``(a) Purpose.--The purpose of this section is to authorize 
     the Secretary, in collaboration with the Attorney General and 
     the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice--
       ``(1) to make grants to State child welfare and juvenile 
     justice agencies and child- and youth-serving agencies to 
     collaborate in the collection of data relating to dual status 
     youth; and
       ``(2) to develop practices, policies, and protocols--
       ``(A) to confront the challenges presented and experienced 
     by dual status youth; and
       ``(B) for the development of interoperable data systems.
       ``(b) Authority to Award Grants.--
       ``(1) In general.--Subject to the availability of 
     appropriations, from amounts reserved under section 423(a)(2) 
     for a fiscal year, the Secretary shall award competitive 
     grants jointly to a State child welfare agency and a State 
     juvenile justice agency to facilitate or enhance 
     collaboration between the child welfare and juvenile justice 
     systems of the State in order to carry out programs to 
     address the needs of dual status youth and their families.
       ``(2) Length of grants.--
       ``(A) In general.--Subject to subparagraph (B), a grant 
     shall be awarded under this section for a period of not less 
     than 2 fiscal years and not more than 5 fiscal years.
       ``(B) Extension of grant.--Upon the application of the 
     grantee, the Secretary may extend the period for which a 
     grant is awarded under this section for not more than 2 
     fiscal years.
       ``(c) Additional Requirements.--
       ``(1) Application.--In order for a State to be eligible for 
     a grant under this section, the State shall submit an 
     application, subject to the approval of the Secretary, that 
     includes--
       ``(A) a description of the proposed leadership 
     collaboration group (including the membership of such group), 
     and how such group will manage and oversee a review and 
     analysis of current practices while working to jointly 
     address enhanced practices to improve outcomes for dual 
     status youth;
       ``(B) a description of how the State proposes--
       ``(i) to identify dual status youth;
       ``(ii) to identify individuals who are at risk of becoming 
     dual status youth;
       ``(iii) to identify common characteristics shared by dual 
     status youth in the State; and
       ``(iv) to determine the prevalence of dual status youth in 
     the State;
       ``(C) a description of current and proposed practices and 
     procedures that the State intends to use--
       ``(i) to screen and assess dual status youth for risks and 
     treatment needs;
       ``(ii) to provide targeted and evidence-based services, 
     including educational, behavioral health, and pro-social 
     treatment interventions for dual status youth and their 
     families; and
       ``(iii) to provide for a lawful process to enhance or 
     ensure the abilities of the State and any relevant agencies 
     to share information and data about dual status youth, while 
     maintaining confidentiality and privacy protections under 
     Federal and State law; and
       ``(D) a certification that the State has involved local 
     governments, as appropriate, in the development, expansion, 
     modification, operation, or improvement of proposed policy 
     and practice reforms to address the needs of dual status 
     youth.
       ``(2) No supplantation of other funds.--Any amounts paid to 
     a State under a grant under this section shall be used to 
     supplement and not supplant other State expenditures on dual 
     status youths or children involved with either the child 
     welfare or juvenile justice systems.
       ``(3) Evaluation.--Up to 10 percent of the amount made 
     available to carry out this section for a fiscal year shall 
     be made available to the Secretary to evaluate the 
     effectiveness of the projects funded under this section, 
     using a methodology that--
       ``(A) includes random assignment whenever feasible, or 
     other research methods that allow for the strongest possible 
     causal inferences when random assignment is not feasible; and
       ``(B) generates evidence on the impact of specific 
     projects, or groups of projects with identical (or similar) 
     practices and procedures.
       ``(4) Report.--A State child welfare agency and a State 
     juvenile justice agency receiving a grant under this section 
     shall jointly submit to the Secretary, the Attorney General, 
     and the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice, a report 
     on the evaluation of the activities carried out under the 
     grant at the end of each fiscal year during the period of the 
     grant. Such report shall include--
       ``(A) a description of the scope and nature of the dual 
     status youth population in the State, including the number of 
     dual status youth;
       ``(B) a description of the evidence-based practices and 
     procedures used by the agencies to carry out the activities 
     described in clauses (i) through (iii) of paragraph (1)(C); 
     and
       ``(C) an analysis of the effects of such practices and 
     procedures, including information regarding--
       ``(i) the collection of data related to individual dual 
     status youths;
       ``(ii) aggregate data related to the dual status youth 
     population, including--

       ``(I) characteristics of dual status youths in the State;
       ``(II) case processing timelines; and
       ``(III) information related to case management, the 
     provision of targeted services, and placements within the 
     foster care or juvenile justice system; and

       ``(iii) the extent to which such practices and procedures 
     have contributed to--

       ``(I) improved educational outcomes for dual status youths;
       ``(II) fewer delinquency referrals for dual status youths;
       ``(III) shorter stays in intensive restrictive placements 
     for dual status youths; or
       ``(IV) such other outcomes for dual status youths as the 
     State child welfare agency and State juvenile justice agency 
     may identify.

       ``(d) Training and Technical Assistance.--The Secretary may 
     support State child welfare agencies and State juvenile 
     justice agencies by offering a program, developed in 
     consultation with organizations and agencies with subject 
     matter expertise, of training and technical assistance to 
     assist such agencies in developing programs and protocols 
     that draw on best practices for serving dual status youth in 
     order to facilitate or enhance--
       ``(1) collaboration between State child welfare agencies 
     and State juvenile justice agencies; and
       ``(2) the effectiveness of such agencies with respect to 
     working with Federal agencies and child welfare and juvenile 
     justice agencies from other States.
       ``(e) Report.--Not later than 3 years after the date of 
     enactment of this section, and every 3 years thereafter, the 
     Secretary, the Attorney General, and the Administrator of the 
     Office of Juvenile Justice and Delinquency Prevention of the 
     Department of Justice shall jointly submit to the Committee 
     on Finance and the Committee on the Judiciary of the Senate 
     and the Committee on Ways and Means and the Committee on 
     Education and Labor of the House of Representatives, a report 
     on the grants provided under this section.
       ``(f) Definitions.--In this section:
       ``(1) Dual status youth.--The term `dual status youth' 
     means a child who has come into contact with both the child 
     welfare and juvenile justice systems and occupies various 
     statuses in terms of the individual's relationship to such 
     systems.
       ``(2) Leadership collaboration group.--The term `leadership 
     collaboration group' means a group composed of senior 
     officials from the State child welfare agency, the State 
     juvenile justice agency, and other relevant youth and family-
     serving public agencies and private organizations, including, 
     to the extent practicable, representatives from the State 
     judiciary branch.
       ``(3) State juvenile justice agency.--The term `State 
     juvenile justice agency' means the agency of the State or 
     Indian tribe responsible for administering grant funds

[[Page S9663]]

     awarded under the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (34 U.S.C. 11101 et seq.).
       ``(4) State child welfare agency.--The term `State child 
     welfare agency' means the State agency responsible for 
     administering the program under this subpart, or, in the case 
     of a tribal organization that is receiving payments under 
     section 428, the tribal agency responsible for administering 
     such program.''.
       (b) Conforming Amendments.--Section 423(a) of such Act (42 
     U.S.C. 623(a)) is amended--
       (1) by striking ``The sum appropriated'' and inserting the 
     following:
       ``(1) In general.--Subject to paragraph (2), the sum 
     appropriated''; and
       (2) by adding at the end the following:
       ``(2) Grants to states to enhance collaboration between 
     state child welfare and juvenile justice systems.--For each 
     fiscal year beginning with fiscal year 2023 for which the 
     amount appropriated under section 425 for the fiscal year 
     exceeds $270,000,000--
       ``(A) the Secretary shall reserve from such excess amount 
     such sums as are necessary for making grants under section 
     429A for such fiscal year; and
       ``(B) the remainder to be applied under paragraph (1) for 
     purposes of making allotments to States for such fiscal year 
     shall be determined after the Secretary first allots $70,000 
     to each State under such paragraph and reserves such sums 
     under subparagraph (A) of this paragraph.''.

     SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN 
                   TRAFFICKING.

       The Survivors of Human Trafficking Empowerment Act (section 
     115 of Public Law 114-22) is amended by striking subsection 
     (h).

     SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING 
                   TRAFFICKED.

       Section 202(b) of the Trafficking Victims Protection 
     Reauthorization Act of 2005 (34 U.S.C. 20702(b)) is amended 
     by adding at the end the following:
       ``(5) Pilot demonstration program.--
       ``(A) Establishment.--The Assistant Attorney General, in 
     consultation with the Assistant Secretary, shall establish a 
     pilot demonstration program, through which community-based 
     organizations in underserved communities, prioritizing rural 
     communities, in the United States may apply for funding to 
     develop, implement, and build replicable treatment models, 
     based on the type of housing unit that the individual being 
     treated lives in, with supportive services and innovative 
     care, treatment, and services.
       ``(B) Population to be served.--The program established 
     pursuant to subparagraph (A) shall primarily serve 
     adolescents and youth who--
       ``(i) are transitioning out of foster care;
       ``(ii) struggle with substance use disorder;
       ``(iii) are pregnant or parenting; or
       ``(iv) have experienced foster care involvement or 
     involvement in the child welfare system, child poverty, child 
     abuse or neglect, human trafficking, juvenile justice 
     involvement, gang involvement, or homelessness.
       ``(C) Authorized activities.--Funding provided under 
     subparagraph (A) may be used for--
       ``(i) providing residential care, including temporary or 
     long-term placement as appropriate;
       ``(ii) providing 24-hour emergency social services 
     response;
       ``(iii) providing clothing and other daily necessities 
     needed to keep individuals from returning to living on the 
     street;
       ``(iv) case management services;
       ``(v) mental health counseling, including specialized 
     counseling and substance abuse treatment;
       ``(vi) legal services;
       ``(vii) specialized training for social service providers, 
     public sector personnel, and private sector personnel likely 
     to encounter sex trafficking and labor trafficking victims on 
     issues related to the sex trafficking and labor trafficking 
     of minors; and
       ``(viii) outreach and education programs to provide 
     information about deterrence and prevention of sex 
     trafficking and labor trafficking of minors.
       ``(D) Funding priority.--The Assistant Attorney General 
     shall give funding priority to community-based programs that 
     provide crisis stabilization, emergency shelter, and 
     addiction treatment for adolescents and transitional age 
     residential programs that have reputable outcomes.''.

     Subtitle B--Governmental Efforts To Prevent Human Trafficking

     SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL 
                   SUPPLY CHAINS.

       (a) In General.--Not later than June 1, 2024, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report on Federal 
     contract supply chain oversight related to the prevention of 
     trafficking in persons.
       (b) Elements.--The report required under subsection (a) 
     shall include an assessment of the following:
       (1) The compliance of Federal agencies with the requirement 
     under section 1704(c)(1) of the National Defense 
     Authorization Act for Fiscal Year 2013 (22 U.S.C. 
     7104b(c)(1)) to refer to suspension and debarment officials 
     allegations of trafficking in persons activities on the part 
     of contract, grant, and cooperative agreement recipients.
       (2) The compliance of Federal agencies with the requirement 
     to include the contract clause regarding combating 
     trafficking in persons provided for under section 222.50 of 
     the Federal Acquisition Regulation (or successor 
     regulations).
       (3) Federal agency enforcement and monitoring activities 
     related to ensuring the compliance of Federal contractors and 
     subcontractors with the annual certification requirements 
     under such section 222.50.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Oversight and Reform, and the Committee on Appropriations of 
     the House of Representatives.

     SEC. 122. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND 
                   PROVISIONS INTO CODES OF CONDUCT OF ALL FEDERAL 
                   DEPARTMENTS AND EXECUTIVE AGENCIES.

       (a) Findings.--Congress finds the following:
       (1) Human trafficking is inimical to every Federal agency's 
     core values and inherently harmful and dehumanizing.
       (2) Through the adoption of a Code of Conduct, Federal 
     agencies hold their personnel to similar standards that are 
     required of contractors and subcontractors of the agency 
     under Federal law.
       (3) Human trafficking is a violation of human rights and 
     against Federal law.
       (4) The United States Government seeks to deter activities 
     that would facilitate or support trafficking in persons.
       (b) Sense of Congress on Implementation of Anti-
     trafficking-in-persons Policies.--It is the sense of Congress 
     that--
       (1) beginning not later than 18 months after the date of 
     the enactment of this Act, the head of every Federal agency 
     should incorporate a module on human trafficking into its 
     staff training requirements and menu of topics to be covered 
     in the annual ethics training of such agency;
       (2) such staff trainings should teach employees how to 
     prevent, identify, and report trafficking in persons;
       (3) Federal agencies that already provide counter 
     trafficking-in-persons training for staff should share their 
     curricula with agencies that do not have such curricula;
       (4) the head of each agency should inform all candidates 
     for employment about the anti-trafficking provisions in the 
     Code of Conduct of the agency;
       (5) employees of each Federal agency should sign 
     acknowledgment of the agency's Code of Conduct, which should 
     be kept in the file of the employee; and
       (6) a violation of the Code of Conduct should lead to 
     disciplinary action, up to and including termination of 
     employment.
       (c) Policy for Executive Branch Employees.--The President 
     shall take such steps as may be necessary to ensure that each 
     officer and employee (including temporary employees, persons 
     stationed abroad while working for the United States, and 
     detailees from other agencies of the Federal Government) of 
     an agency in the executive branch of the Federal Government 
     is subject to a policy with a minimum standard that 
     contains--
       (1) a prohibition from engaging in human trafficking while 
     employed by the Government in a full-time or part-time 
     capacity;
       (2) a requirement that all Federal personnel, without 
     regard to whether the person is stationed abroad, be 
     sensitized to human trafficking and the ethical conduct 
     requirements that prohibit the procurement of trafficking in 
     persons;
       (3) a requirement that all such personnel be equipped with 
     the necessary knowledge and tools to prevent, recognize, 
     report, and address human trafficking offenses through a 
     training for new personnel and through regular refresher 
     courses offered every 2 years; and
       (4) a requirement that all such personnel report to the 
     applicable inspector general and agency trafficking in 
     persons point of contact any suspected cases of misconduct, 
     waste, fraud, or abuse relating to trafficking in persons.
       (d) Timing.--The policy described in subsection (c)--
       (1) shall be established or integrated into all applicable 
     employee codes of conduct not later than 18 months after the 
     date of the enactment of this Act;
       (2) may not replace any preexisting code of conduct that 
     contains more robust requirements than the requirements 
     described in subsection (c); and
       (3) shall be signed by all personnel described in 
     subsection (c) not later than 2 years after such date of 
     enactment.
       (e) Reporting.--The Office of Inspector General of a 
     Federal department or agency, in consultation with the head 
     of such agency, shall submit an annual report to Congress, 
     which shall be publicly accessible, containing--
       (1) the number of suspected violations reported;
       (2) the number of investigations;
       (3) the status and outcomes of such investigations; and
       (4) any recommended actions to improve the programs and 
     operations of such agency.

[[Page S9664]]

  


     SEC. 123. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON 
                   ACCESSIBILITY OF MENTAL HEALTH SERVICES AND 
                   SUBSTANCE USE DISORDER SERVICES.

       Not later than 3 years after the date of the enactment of 
     this Act, the Comptroller General of the United States 
     shall--
       (1) conduct a study of the accessibility of mental health 
     services and substance use disorder treatment and recovery 
     for survivors of human trafficking in the United States of 
     various ages; and
       (2) submit a report to Congress containing the findings of 
     such study and recommendations for increased accessibility 
     and affordability for survivors of trafficking.

     SEC. 124. NSF SUPPORT OF RESEARCH ON IMPACTS OF SOCIAL MEDIA 
                   ON HUMAN TRAFFICKING.

       (a) Definitions.--In this section:
       (1) Human trafficking.--The term ``human trafficking'' 
     means an act or practice described in section 103(11) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102(11)).
       (2) Social media platform.--The term ``social media 
     platform'' means a website or internet medium that--
       (A) permits a person to become a registered user, establish 
     an account, or create a profile for the purpose of allowing 
     users to create, share, and view user-generated content 
     through such an account or profile;
       (B) enables 1 or more users to generate content that can be 
     viewed by other users of the medium; and
       (C) primarily serves as a medium for users to interact with 
     content generated by other users of the medium.
       (b) Support of Research.--The Director of the National 
     Science Foundation, in consultation with the Attorney 
     General, the Secretary of Homeland Security, and the 
     Secretary of Health and Human Services, shall support merit-
     reviewed and competitively awarded research on the impact of 
     online social media platforms on the maintenance or expansion 
     of human trafficking, which may include--
       (1) fundamental research on digital forensic tools or other 
     technologies for verifying the authenticity of social media 
     platform users and their materials, that are utilized in the 
     promotion or operation of human trafficking networks;
       (2) fundamental research on privacy preserving technical 
     tools that may aid law enforcement's ability to identify and 
     prosecute individuals or entities promoting or involved in 
     human trafficking;
       (3) social and behavioral research related to social media 
     platform users who engage with those promoting or involved in 
     human trafficking;
       (4) research on the effectiveness of expanding public 
     understanding, awareness, or law enforcement efforts in 
     combating human trafficking through social media platforms; 
     and
       (5) research awards coordinated with other Federal agencies 
     and programs, including the Information Integrity Research 
     and Development Interagency Working Group and the Privacy 
     Research and Development Interagency Working Group of the 
     Networking and Information Technology Research and 
     Development Program, the Office for Victims of Crime of the 
     Department of Justice, the Blue Campaign of the Department of 
     Homeland Security, the Office to Monitor and Combat 
     Trafficking in Persons of the Department of State, and 
     activities of the Department of Transportation and the 
     Advisory Committee on Human Trafficking.
       (c) Survivors.--To the extent possible, the Director of the 
     National Science Foundation shall ensure that research 
     supported under subsection (b) incorporates the experiences, 
     input, and safety and privacy concerns of human trafficking 
     survivors.
       (d) Reports.--
       (1) Findings and recommendations.--Not later than 1 year 
     after the date of enactment of this Act, the Director of the 
     National Science Foundation shall report to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Subcommittee on Commerce, Justice, Science, and Related 
     Agencies of the Committee on Appropriations of the Senate, 
     the Committee on Science, Space, and Technology of the House 
     of Representatives, and the Subcommittee on Commerce, 
     Justice, Science, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives--
       (A) the Director's findings with respect to the feasibility 
     for research opportunities, including with the private sector 
     social media platform companies, to improve the ability to 
     combat human trafficking operations; and
       (B) any recommendations of the Director that could 
     facilitate and improve communication and coordination among 
     the private sector, the National Science Foundation, and 
     relevant Federal agencies to improve the ability to combat 
     human trafficking operations through social media.
       (2) Results of research.--Not later than 4 years after the 
     date of enactment of this Act, the Director of the National 
     Science Foundation shall report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Subcommittee 
     on Commerce, Justice, Science, and Related Agencies of the 
     Committee on Appropriations of the Senate, the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, and the Subcommittee on Commerce, Justice, 
     Science, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives on the results 
     of the research supported under this section.

         Subtitle C--Monitoring Child, Forced, and Slave Labor

     SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not later than October 1 of 
     each of the following 5 years, the head of each Federal 
     department or agency to which amounts are appropriated for 
     the purpose of awarding grants for anti-trafficking in 
     persons, and the head of each Federal department and agency 
     contributing to the annual congressional earmark for counter-
     trafficking in persons, shall publish on the public website 
     of the department or agency, with respect to the prior fiscal 
     year--
       (1) each obligation or expenditure of Federal funds for the 
     purpose of combating human trafficking and forced labor; and
       (2) subject to subsection (b), and with respect to each 
     such obligation or expenditure, the name of a primary 
     recipient, and any subgrantees, and their project location, 
     activity, award amounts, and award periods.
       (b) Exception for Security Concerns.--If the head of a 
     Federal department or agency determines that a primary 
     recipient or subgrantee for purposes of subsection (a) has a 
     security concern--
       (1) the award recipients shall not be publicly identified 
     pursuant to subsection (a)(2); and
       (2) only the activity, award amounts, and award periods 
     shall be publicly listed pursuant to such subsection.

     SEC. 132. SENSE OF CONGRESS REGARDING UNITED STATES COMPANIES 
                   ADOPTING COUNTER-TRAFFICKING-IN-PERSONS 
                   POLICIES.

       It is the sense of Congress that--
       (1) companies headquartered or doing business in the United 
     States that are not small business concerns (as defined in 
     section 3 of the Small Business Act (15 U.S.C. 632)) should 
     adopt a written policy not later than 18 months after the 
     date of the enactment of this Act that--
       (A) prohibits trafficking in persons;
       (B) is published annually; and
       (C) is accessible in a prominent place on their public 
     website; and
       (2) such policy should expressly prohibit the company, its 
     employees, or agents from--
       (A) engaging in human trafficking;
       (B) using forced labor for the development, production, 
     shipping, or sale of its goods or services;
       (C) destroying, concealing, confiscating, or otherwise 
     denying access by an employee to the employee's identity or 
     immigration documents, such as passports or drivers' 
     licenses, regardless of issuing authority;
       (D) using misleading or fraudulent practices during the 
     recruitment of employees or offering of employment, such as--
       (i) failing to disclose, in a format and language 
     understood by the employee or potential employee, basic 
     information; or
       (ii) making material misrepresentations during the 
     recruitment of employees regarding the key terms and 
     conditions of employment, including--

       (I) wages and fringe benefits;
       (II) the location of work;
       (III) the living conditions;
       (IV) housing and associated costs (if employer- or agent-
     provided or arranged);
       (V) any significant costs to be charged to the employee or 
     potential employee; and
       (VI) the hazardous nature of the work, if applicable;

       (E) using recruiters that do not comply with local labor 
     laws of the country in which the recruiting takes place;
       (F) providing or arranging housing that fails to meet the 
     host country housing and safety standards; and
       (G) failing to provide an employment contract, recruitment 
     agreement, or other required work document--
       (i) in writing--

       (I) in a language the employee understands; or
       (II) along with an independent interpreter if the document 
     cannot be provided in a language the employee understands;

       (ii) not later than 5 days before the employee relocates, 
     if relocation is required to perform the work; and
       (iii) that includes details about work description, wages, 
     work locations, living accommodations and associated costs, 
     time off, round-trip transportation arrangements, grievance 
     processes, and the content of applicable laws and regulations 
     that prohibit trafficking in persons.

     SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND 
                   TREATMENT ACT.

       Section 111(b)(1) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106g(b)(1)) is amended by striking 
     ``a victim of'' and all that follows and inserting ``a victim 
     of `child abuse and neglect' and of `sexual abuse' if the 
     child is identified, by a State or local agency employee of 
     the State or locality involved, as being a victim of human 
     trafficking.''.

     SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF 
                   DEPARTMENT OF JUSTICE REPORTS.

       It is the sense of Congress that--
       (1) the Department of Justice has failed to meet its 
     reporting requirements under title IV of the Trafficking 
     Victims Protection Act of 2017 (34 U.S.C. 10101 et seq.); and
       (2) progress on critical data collection about human 
     trafficking and crime reporting are in jeopardy as a result 
     of such failure and must be addressed immediately.

[[Page S9665]]

  


     SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING 
                   VICTIMS OF CHILD SEX TRAFFICKING.

       It is the sense of Congress that--
       (1) all States (including the District of Columbia) and 
     territories should evaluate whether to eliminate the 
     requirement for third-party control to properly qualify a 
     child as a victim of sex trafficking, to--
       (A) aid in the identification and prevention of child sex 
     trafficking;
       (B) protect children; and
       (C) appropriately prosecute perpetrators to the fullest 
     extent of the law; and
       (2) a person is qualified as a victim of child sex 
     trafficking if the person is a victim, as a child, of human 
     trafficking.

     SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.

       It is the sense of Congress that--
       (1) each State child welfare agency should--
       (A) prioritize developing and implementing protocols to 
     comply with section 471(a)(35) of the Social Security Act (42 
     U.S.C. 671(a)(35)), as amended by section 137; and
       (B) report the information the agency receives about 
     missing or abducted foster children and youth to the National 
     Center on Missing and Exploited Children and to law 
     enforcement authorities for inclusion in the Federal Bureau 
     of Investigation's National Crime Information Center 
     database, in accordance with section 471(a)(34) of the Social 
     Security Act (42 U.S.C. 671(a)(34));
       (2) the reports described in paragraph (1)(B)--
       (A) should be made immediately (and in no case later than 
     24 hours) after the information is received; and
       (B) were required to be provided to the Secretary of Health 
     and Human Services beginning on September 30, 2016; and
       (3) according to section 471(a)(34) of such Act, each State 
     child welfare agency was required to submit annual reports to 
     the Secretary of Health and Human Services beginning on 
     September 30, 2017, to notify the Secretary of the total 
     number of children and youth who are victims of human 
     trafficking.

     SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND 
                   ADOPTION ASSISTANCE.

       (a) State Plan Amendment.--Section 471(a)(35)(B) of the 
     Social Security Act (42 U.S.C. 671(a)(35)(B)) is amended by 
     striking the semicolon at the end and inserting the 
     following: ``(referred to in this subparagraph as ``NCMEC''), 
     and that the State agency shall maintain regular 
     communication with law enforcement agencies and NCMEC in 
     efforts to provide a safe recovery of a missing or abducted 
     child or youth, including by sharing information pertaining 
     to the child's or youth's recovery and circumstances related 
     to the recovery, and that the State report submitted to law 
     enforcement agencies and NCMEC shall include where reasonably 
     possible--
       ``(i) a photo of the missing or abducted child or youth;
       ``(ii) a description of the child's or youth's physical 
     features, such as height, weight, sex, ethnicity, race, hair 
     color, and eye color; and
       ``(iii) endangerment information, such as the child's or 
     youth's pregnancy status, prescription medications, suicidal 
     tendencies, vulnerability to being sex trafficked, and other 
     health or risk factors;''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) shall take effect on the 
     date of enactment of this Act.
       (2) Delay if state legislation required.--In the case of a 
     State plan under part E of title IV of the Social Security 
     Act which the Secretary of Health and Human Services 
     determines requires State legislation (other than legislation 
     appropriating funds) in order for the plan to meet the 
     additional requirements imposed by the amendment made by 
     subsection (a), the State plan shall not be regarded as 
     failing to comply with the requirements of such part solely 
     on the basis of the failure of the plan to meet such 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session shall be deemed 
     to be a separate regular session of the State legislature.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

     SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF 
                   TRAFFICKING AND VIOLENCE PROTECTION ACT OF 
                   2000.

       Section 113 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7110) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``To carry out the 
     purposes of sections 106(b) and 107(b),'' and inserting ``To 
     carry out the purposes of sections 106(b) and 107(b) of this 
     Act and section 429A of the Social Security Act,''; and
       (B) in paragraph (2), by striking ``2018 through 2021'' and 
     inserting ``2023 through 2028'';
       (2) in subsection (d)(3), by striking ``$11,000,000 to the 
     Attorney General for each of the fiscal years 2018 through 
     2021'' and inserting ``$11,000,000 to the Attorney General 
     for each of the fiscal years 2023 through 2028'';
       (3) in subsection (f), by striking ``2018 through 2021.'' 
     and inserting ``2023 through 2028''; and
       (4) in subsection (i)--
       (A) by striking ``2018 through 2021'' and inserting ``2023 
     through 2028''; and
       (B) by inserting ``of which $2,000,000 shall be made 
     available each fiscal year for the establishment of a labor 
     trafficking investigation team within the Department of 
     Homeland Security Center for Countering Human Trafficking, 
     and the remaining funds shall be used'' after ``expended,''.

     SEC. 202. IMPROVING ENFORCEMENT OF SECTION 307 OF THE TARIFF 
                   ACT OF 1930.

       There is authorized to be appropriated $20,000,000, for 
     each of fiscal years 2023 through 2028, to the Commissioner 
     of U.S. Customs and Border Protection to strengthen the 
     enforcement of section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).

                        TITLE III--SEVERABILITY

     SEC. 301. SEVERABILITY.

       If any provision of this Act or amendment made by this Act, 
     or the application of such provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of this Act and the amendments made by this Act, 
     and the application of the provision or amendment to any 
     other person or circumstance, shall not be affected.
                                 ______
                                 
  SA 6584. Mr. HEINRICH (for Mr. Reed) proposed an amendment to the 
bill S. 4120, to maximize discovery, and accelerate development and 
availability of promising childhood cancer treatments, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Childhood Cancer 
     Survivorship, Treatment, Access, and Research Reauthorization 
     Act of 2022'' or the ``Childhood Cancer STAR Reauthorization 
     Act''.

     SEC. 2. REAUTHORIZING AND IMPROVING THE CHILDHOOD STAR ACT.

       (a) Children's Cancer Biorepositories.--Section 417E of the 
     Public Health Service Act (42 U.S.C. 285a-11) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by inserting before the period at 
     the end of the second sentence the following: ``, such as 
     collected samples of both solid tumor cancer and paired 
     samples'';
       (B) in paragraph (9), by striking ``Childhood Cancer 
     Survivorship, Treatment, Access, and Research Act of 2018'' 
     and inserting ``Childhood Cancer Survivorship, Treatment, 
     Access, and Research Reauthorization Act of 2022'';
       (C) by redesignating paragraph (10) as paragraph (11); and
       (D) by inserting after paragraph (9) the following:
       ``(10) Report on researcher access to children's cancer 
     biorepository samples.--Not later than 2 years after the date 
     of enactment of the Childhood Cancer Survivorship, Treatment, 
     Access, and Research Reauthorization Act of 2022, the 
     Director of NIH shall--
       ``(A) conduct a review of the procedures established under 
     paragraph (2)(C) and other policies or procedures related to 
     researcher access to such biospecimens to identify any 
     opportunities to reduce administrative burden, consistent 
     with paragraph (2)(D), in a manner that protects personal 
     privacy to the extent required by applicable Federal and 
     State privacy law, at a minimum; and
       ``(B) submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     findings of the review under subparagraph (A) and whether the 
     Director of NIH plans to make any changes to the policies or 
     procedures considered in such review, based on such 
     findings.''; and
       (2) in subsection (d), by striking ``2019 through 2023'' 
     and inserting ``2024 through 2028''.
       (b) Cancer Survivorship Programs.--Section 201 of the 
     Childhood Cancer Survivorship, Treatment, Access, and 
     Research Act of 2018 (Public Law 115-180) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Pilot Programs 
     to Explore'' and inserting ``Research to Evaluate''
       (B) in paragraph (1)--
       (i) by striking ``may make awards to eligible entities to 
     establish pilot programs'' and inserting ``shall, as 
     appropriate, make awards to eligible entities to conduct or 
     support research'';
       (ii) by striking ``model systems'' and inserting 
     ``approaches'';
       (iii) by inserting ``and adolescent'' after ``childhood''; 
     and
       (iv) by striking ``evaluation of models for'';
       (C) in paragraph (2)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by inserting ``within the existing peer review 
     process,'' after ``practicable,''; and
       (ii) in subparagraph (B)(v), by striking ``in treating 
     survivors of childhood cancers'' and inserting ``in carrying 
     out the activities described in paragraph (1)''; and
       (D) in paragraph (3)(B)(v), by striking ``design of systems 
     for the effective transfer of treatment information and care 
     summaries from cancer care providers to other health care 
     providers'' and inserting ``design tools

[[Page S9666]]

     to support the secure electronic transfer of treatment 
     information and care summaries between health care providers 
     or, as applicable and appropriate, longitudinal childhood 
     cancer survivorship cohorts''; and
       (2) in subsection (b)--
       (A) in each of paragraphs (1) and (2), by striking ``date 
     of enactment of this Act'' and inserting ``date of enactment 
     of the Childhood Cancer Survivorship, Treatment, Access, and 
     Research Reauthorization Act of 2022''; and
       (B) in paragraph (1)--
       (i) by striking subparagraphs (A) and (C);
       (ii) by redesignating subparagraph (B) as subparagraph (A); 
     and
       (iii) by adding at the end the following:
       ``(B) recommendations for enhancing or promoting activities 
     of the Department of Health and Human Services related to 
     workforce development for health care providers who provide 
     psychosocial care to pediatric cancer patients and 
     survivors.''.
                                 ______
                                 
  SA 6585. Ms. CANTWELL (for herself, Mr. Lujan, Mr. Schatz, Ms. 
Klobuchar, and Mr. Hickenlooper) submitted an amendment intended to be 
proposed by her to the bill H.R. 2617, to amend section 1115 of title 
31, United States Code, to amend the description of how performance 
goals are achieved, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end, add the following:

               DIVISION KK--COMMUNICATIONS AND TECHNOLOGY

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Spectrum Auction 
     Reauthorization Act of 2022''.

                      TITLE I--SPECTRUM INNOVATION

     SEC. 101. SPECTRUM AUCTIONS AND INNOVATION.

       (a) 3.1-3.45 Ghz Band.--
       (1) Definitions.--Section 90008(a) of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 921 note) is amended--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by inserting after paragraph (2) the following:
       ``(3) Federal entity.--The term `Federal entity' has the 
     meaning given such term in section 113(l) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(l)).''; and
       (C) by adding at the end the following:
       ``(5) Relocation or sharing costs.--The term `relocation or 
     sharing costs' has the meaning given such term in section 
     113(g)(3) of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(g)(3)).
       ``(6) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Communications and 
     Information.''.
       (2) Promoting wireless innovation.--Section 90008(b) of the 
     Infrastructure Investment and Jobs Act (47 U.S.C. 921 note) 
     is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A)(i), by striking ``for shared 
     Federal and non-Federal commercial licensed use; and'' and 
     inserting ``for non-Federal use, shared Federal and non-
     Federal use, or a combination thereof; and'';
       (ii) in subparagraph (B)--

       (I) by striking ``Section'' and inserting the following:

       ``(i) In general.--Section'';

       (II) in clause (i), as so designated, by striking ``the 
     payment required under subparagraph (A)'' and inserting 
     ``payments made under subparagraph (A) before December 23, 
     2022''; and
       (III) by adding at the end the following:

       ``(ii) Accounting plan.--The Secretary of Defense shall 
     submit a report to the Secretary of Commerce and the Director 
     of the Office of Management and Budget not later than 90 days 
     after the date of enactment of this clause, in accordance 
     with section 118(g)(2)(D)(i)(I) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)(2)(D)(i)(I)), describing 
     the activities for which the Department of Defense has used, 
     is using, and will use payments made under subparagraph (A) 
     before December 23, 2022. The Secretary of Commerce, acting 
     through the Under Secretary, and the Director of the Office 
     of Management and Budget shall continuously review and 
     provide an accounting of the activities carried out using the 
     payments made under subparagraph (A).'';
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) Report to secretary of commerce.--For purposes of 
     paragraph (2)(A), the Secretary of Defense, in coordination 
     with the heads of other relevant Federal agencies who receive 
     funds under subparagraph (D) of this paragraph, shall, not 
     later than September 30, 2023, report to the Secretary of 
     Commerce the findings of the planning activities described in 
     subparagraph (A) of this paragraph, and detail frequencies in 
     the covered band for identification by the Secretary of 
     Commerce under paragraph (2).''; and
       (iv) by adding at the end the following:
       ``(D) Additional payments.--
       ``(i) In general.--Federal entities with operations in the 
     covered band that did not receive a payment under 
     subparagraph (A) and that the Under Secretary determines 
     might be affected by reallocation of the covered band may 
     request a payment under section 118(g)(2)(A) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)(2)(A)) in order to make 
     available the entire covered band for non-Federal use, shared 
     Federal and non-Federal use, or a combination thereof. Total 
     awards under this clause shall not exceed $25,000,000.
       ``(ii) Exemptions.--Subparagraphs (C)(ii) and (D)(ii) of 
     section 118(g)(2) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     928(g)(2)) shall not apply with respect to a payment made 
     under clause (i).
       ``(E) Cooperation.--The Under Secretary and the Department 
     of Defense Chief Information Officer will serve as co-chairs 
     of the Partnering to Advance Trusted and Holistic Spectrum 
     Solutions (PATHSS) Task Group.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Identification.--
       ``(A) In general.--Not later than June 15, 2025, informed 
     by the report required under paragraph (1)(C), the Secretary 
     of Commerce, in consultation with the Secretary of Defense, 
     the Director of the Office of Science and Technology Policy, 
     and the Commission, shall submit to the President, the 
     Commission, and the relevant congressional committees a 
     report that identifies 350 megahertz of frequencies in the 
     covered band for non-Federal use, shared Federal and non-
     Federal use, or a combination thereof.
       ``(B) Determination in case of risk to national security.--
     If the Secretary of Defense believes reallocation of the 
     frequencies identified by the Secretary of Commerce under 
     subparagraph (A) poses an unacceptable risk to the national 
     security of the United States, the Secretary of Defense shall 
     inform the President, as the Commander in Chief under Article 
     II, Section 2 of the United States Constitution, and the 
     President shall make a final determination regarding which 
     frequencies could feasibly be reallocated for the purposes of 
     that subparagraph.'';
       (C) by amending paragraph (3) to read as follows:
       ``(3) Auction.--
       ``(A) In general.--Not later than January 15, 2028, the 
     Commission, in coordination with the Under Secretary, shall 
     commence a system of competitive bidding under section 309(j) 
     of the Communications Act of 1934 (47 U.S.C. 309(j)), in 
     accordance with paragraph (2) of this subsection, of the 
     frequencies identified under such paragraph as suitable for a 
     system of competitive bidding.
       ``(B) Prohibition.--No entity that produces or provides any 
     covered communications equipment or service (as defined in 
     section 9 of the Secure and Trusted Communications Networks 
     Act of 2019 (47 U.S.C. 1608)), or any affiliate (as defined 
     in section 3 of the Communications Act of 1934 (47 U.S.C. 
     153)) of such an entity, may participate in the system of 
     competitive bidding required by subparagraph (A).
       ``(C) Scope.--The Commission may not include in the system 
     of competitive bidding required by subparagraph (A) any 
     frequencies that are not in the covered band.''; and
       (D) by amending paragraph (4) to read as follows:
       ``(4) Modification or withdrawal of federal entity 
     licenses.--
       ``(A) In general.--The President, acting through the Under 
     Secretary, shall--
       ``(i) begin the process of modifying or withdrawing any 
     assignment to a Federal Government station of the frequencies 
     identified under paragraph (2) to accommodate non-Federal 
     use, shared Federal and non-Federal use, or a combination 
     thereof in accordance with that paragraph not later than 
     December 15, 2027; and
       ``(ii) not later than 30 days after completing any 
     necessary withdrawal or modification under clause (i), notify 
     the Commission that the withdrawal or modification is 
     complete.
       ``(B) Limitations.--The President may not modify or 
     withdraw any assignment to a Federal Government station as 
     described in subparagraph (A)--
       ``(i) unless the President determines that such 
     modification or withdrawal will not pose an unacceptable risk 
     to the national security of the United States; and
       ``(ii) before November 30, 2024.''.
       (b) FCC Auction Authority.--
       (1) Termination.--Section 309(j)(11) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 
     ``September 30, 2025,'' and all that follows and inserting 
     ``September 30, 2026, and with respect to the electromagnetic 
     spectrum identified as suitable for a system of competitive 
     bidding under section 90008(b)(2) of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 921 note), such authority 
     shall expire on the date that is 7 years after November 15, 
     2021.''.
       (2) Spectrum pipeline act of 2015.--Section 1004 of the 
     Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 
     621; 47 U.S.C. 921 note) is amended--
       (A) in subsection (a), by striking ``2022'' and inserting 
     ``2024'';
       (B) in subsection (b)(1), by striking ``2022'' and 
     inserting ``2024''; and
       (C) in subsection (c)(1)(B), by striking ``2024'' and 
     inserting ``2026''.
       (c) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to alter 
     or impede the activities authorized to be conducted using the 
     payment required by section 90008(b)(1)(A) of the 
     Infrastructure Investment and Jobs Act (Public Law 117-58; 
     135

[[Page S9667]]

     Stat. 1348; 47 U.S.C. 921 note), as such section was in 
     effect on the day before the date of the enactment of this 
     Act, if the Under Secretary of Commerce for Communications 
     and Information determines that such activities are conducted 
     in accordance with section 90008 of the Infrastructure 
     Investment and Jobs Act, as amended by this section. Nothing 
     in this subsection shall be construed to affect any 
     requirement under section 1062(b) of the National Defense 
     Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; 
     Public Law 106-65).
       (d) Savings Clause.--Nothing in this section, or any 
     amendment made by this section, shall be construed to alter 
     the authorities of the Under Secretary of Commerce for 
     Communications and Information in the spectrum management 
     process as provided in the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 901 et 
     seq.).

  TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT 
                                PROGRAM

     SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE.

       Section 4(k) of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1603(k)) is amended by 
     striking ``$1,900,000,000'' and inserting ``$4,980,000,000''.

                    TITLE III--NEXT GENERATION 9-1-1

     SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT 
                   GENERATION 9-1-1.

       Part C of the National Telecommunications and Information 
     Administration Organization Act is amended by adding at the 
     end the following:

     ``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 
                   IMPLEMENTATION.

       ``(a) Duties of Under Secretary With Respect to Next 
     Generation 9-1-1.--
       ``(1) In general.--The Under Secretary, after consulting 
     with the Administrator, shall--
       ``(A) take actions, in coordination with State points of 
     contact described under subsection (c)(3)(A)(ii) as 
     applicable, to improve coordination and communication with 
     respect to the implementation of Next Generation 9-1-1;
       ``(B) develop, collect, and disseminate information 
     concerning the practices, procedures, and technology used in 
     the implementation of Next Generation 9-1-1;
       ``(C) advise and assist eligible entities in the 
     preparation of implementation plans required under subsection 
     (c)(3)(A)(iii);
       ``(D) provide technical assistance to eligible entities 
     provided a grant under subsection (c) in support of efforts 
     to explore efficiencies related to Next Generation 9-1-1;
       ``(E) review and approve or disapprove applications for 
     grants under subsection (c); and
       ``(F) oversee the use of funds provided by such grants in 
     fulfilling such implementation plans.
       ``(2) Annual reports.--Not later than October 1, 2023, and 
     each year thereafter until funds made available to make 
     grants under subsection (c) are no longer available to be 
     expended, the Under Secretary shall submit to Congress a 
     report on the activities conducted by the Under Secretary 
     under paragraph (1) in the year preceding the submission of 
     the report.
       ``(3) Assistance.--The Under Secretary may seek the 
     assistance of the Administrator in carrying out the duties 
     described in subparagraphs (A) through (D) of paragraph (1) 
     as the Under Secretary determines necessary.
       ``(b) Additional Duties.--
       ``(1) Management plan.--
       ``(A) Development.--The Under Secretary, after consulting 
     with the Administrator, shall develop a management plan for 
     the grant program established under this section, including 
     by developing--
       ``(i) plans related to the organizational structure of such 
     program; and
       ``(ii) funding profiles for each fiscal year of the 
     duration of such program.
       ``(B) Submission to congress.--Not later than 180 days 
     after the date of the enactment of this section, the Under 
     Secretary shall--
       ``(i) submit the management plan developed under 
     subparagraph (A) to--

       ``(I) the Committees on Commerce, Science, and 
     Transportation and Appropriations of the Senate; and
       ``(II) the Committees on Energy and Commerce and 
     Appropriations of the House of Representatives;

       ``(ii) publish the management plan on the website of the 
     National Telecommunications and Information Administration; 
     and
       ``(iii) provide the management plan to the Administrator 
     for the purpose of publishing the management plan on the 
     website of the National Highway Traffic Safety 
     Administration.
       ``(2) Modification of plan.--
       ``(A) Modification.--The Under Secretary, after consulting 
     with the Administrator, may modify the management plan 
     developed under paragraph (1)(A).
       ``(B) Submission.--Not later than 90 days after the plan is 
     modified under subparagraph (A), the Under Secretary shall--
       ``(i) submit the modified plan to--

       ``(I) the Committees on Commerce, Science, and 
     Transportation and Appropriations of the Senate; and
       ``(II) the Committees on Energy and Commerce and 
     Appropriations of the House of Representatives;

       ``(ii) publish the modified plan on the website of the 
     National Telecommunications and Information Administration; 
     and
       ``(iii) provide the modified plan to the Administrator for 
     the purpose of publishing the modified plan on the website of 
     the National Highway Traffic and Safety Administration.
       ``(c) Next Generation 9-1-1 Implementation Grants.--
       ``(1) Grants.--The Under Secretary shall provide grants to 
     eligible entities for--
       ``(A) implementing Next Generation 9-1-1;
       ``(B) maintaining Next Generation 9-1-1;
       ``(C) training directly related to implementing, 
     maintaining, and operating Next Generation 9-1-1 if the cost 
     related to the training does not exceed--
       ``(i) 3 percent of the total grant award for eligible 
     entities that are not Tribes; and
       ``(ii) 5 percent of the total grant award for eligible 
     entities that are Tribes;
       ``(D) public outreach and education on how the public can 
     best use Next Generation 9-1-1 and the capabilities and 
     usefulness of Next Generation 9-1-1;
       ``(E) administrative costs associated with planning of Next 
     Generation 9-1-1, including any cost related to planning for 
     and preparing an application and related materials as 
     required by this subsection, if--
       ``(i) the cost is fully documented in materials submitted 
     to the Under Secretary; and
       ``(ii) the cost is reasonable, necessary, and does not 
     exceed--

       ``(I) 1 percent of the total grant award for eligible 
     entities that are not Tribes; and
       ``(II) 2 percent of the total grant award for eligible 
     entities that are Tribes;

       ``(F) costs associated with implementing cybersecurity 
     measures at emergency communications centers or with respect 
     to Next Generation 9-1-1.
       ``(2) Application.--In providing grants under paragraph 
     (1), the Under Secretary, after consulting with the 
     Administrator, shall require an eligible entity to submit to 
     the Under Secretary an application, at the time and in the 
     manner determined by the Under Secretary, and containing the 
     certification required by paragraph (3).
       ``(3) Coordination required.--Each eligible entity shall 
     include in the application required by paragraph (2) a 
     certification that--
       ``(A) in the case of an eligible entity that is a State, 
     the entity--
       ``(i) has coordinated the application with the emergency 
     communications centers located within the jurisdiction of the 
     entity;
       ``(ii) has designated a single officer or governmental body 
     to serve as the State point of contact to coordinate the 
     implementation of Next Generation 9-1-1 for that State, 
     except that such designation need not vest such officer or 
     governmental body with direct legal authority to implement 
     Next Generation 9-1-1 or to manage emergency communications 
     operations; and
       ``(iii) has developed and submitted a plan for the 
     coordination and implementation of Next Generation 9-1-1 
     that--

       ``(I) ensures interoperability by requiring the use of 
     commonly accepted standards;
       ``(II) ensures reliability;
       ``(III) enables emergency communications centers to 
     process, analyze, and store multimedia, data, and other 
     information;
       ``(IV) incorporates cybersecurity tools, including 
     intrusion detection and prevention measures;
       ``(V) includes strategies for coordinating cybersecurity 
     information sharing between Federal, State, Tribal, and local 
     government partners;
       ``(VI) uses open and competitive request for proposal 
     processes, including through shared government procurement 
     vehicles, for deployment of Next Generation 9-1-1;
       ``(VII) documents how input was received and accounted for 
     from relevant rural and urban emergency communications 
     centers, regional authorities, local authorities, and Tribal 
     authorities;
       ``(VIII) includes a governance body or bodies, either by 
     creation of new, or use of existing, body or bodies, for the 
     development and deployment of Next Generation 9-1-1 that--

       ``(aa) ensures full notice and opportunity for 
     participation by relevant stakeholders; and
       ``(bb) consults and coordinates with the State point of 
     contact required by clause (ii);

       ``(IX) creates efficiencies related to Next Generation 9-1-
     1 functions, including cybersecurity and the virtualization 
     and sharing of infrastructure, equipment, and services; and
       ``(X) utilizes an effective, competitive approach to 
     establishing authentication, credentialing, secure 
     connections, and access in deploying Next Generation 9-1-1, 
     including by--

       ``(aa) requiring certificate authorities to be capable of 
     cross-certification with other authorities;
       ``(bb) avoiding risk of a single point of failure or 
     vulnerability; and
       ``(cc) adhering to Federal agency best practices such as 
     those promulgated by the National Institute of Standards and 
     Technology; and
       ``(B) in the case of an eligible entity that is a Tribe, 
     the Tribe has complied with clauses (i) and (iii) of 
     subparagraph (A).
       ``(4) Criteria.--
       ``(A) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Under Secretary, after 
     consulting with the Administrator, shall issue rules, after 
     providing the public with notice and an opportunity to 
     comment, prescribing the criteria for selecting eligible 
     entities for grants under this subsection.
       ``(B) Requirements.--The criteria shall--
       ``(i) include performance requirements and a schedule for 
     completion of any project to

[[Page S9668]]

     be financed by a grant under this subsection; and
       ``(ii) specifically permit regional or multi-State 
     applications for funds.
       ``(C) Updates.--The Under Secretary shall update such rules 
     as necessary.
       ``(5) Grant certifications.--Each eligible entity shall 
     certify to the Under Secretary at the time of application for 
     a grant under this subsection, and each eligible entity that 
     receives such a grant shall certify to the Under Secretary 
     annually thereafter during any period of time the funds from 
     the grant are available to the eligible entity, that--
       ``(A) beginning on the date that is 180 days before the 
     date on which the application is filed, no portion of any 9-
     1-1 fee or charge imposed by the eligible entity (or in the 
     case that the eligible entity is not a State or Tribe, any 
     State or taxing jurisdiction within which the eligible entity 
     will carry out, or is carrying out, activities using grant 
     funds) are obligated or expended for a purpose or function 
     not designated under the rules issued pursuant to section 
     6(f)(3) of the Wireless Communications and Public Safety Act 
     of 1999 (47 U.S.C. 615a-1(f)(3)) (as such rules are in effect 
     on the date on which the eligible entity makes the 
     certification) as acceptable;
       ``(B) any funds received by the eligible entity will be 
     used, consistent with paragraph (1), to support the 
     deployment of Next Generation 9-1-1 that ensures reliability 
     and interoperability, by requiring the use of commonly 
     accepted standards;
       ``(C) the eligible entity (or in the case that the eligible 
     entity is not a State or Tribe, any State or taxing 
     jurisdiction within which the eligible entity will carry out 
     or is carrying out activities using grant funds) has 
     established, or has committed to establish not later than 3 
     years following the date on which the grant funds are 
     distributed to the eligible entity--
       ``(i) a sustainable funding mechanism for Next Generation 
     9-1-1; and
       ``(ii) effective cybersecurity resources for Next 
     Generation 9-1-1;
       ``(D) the eligible entity will promote interoperability 
     between emergency communications centers deploying Next 
     Generation 9-1-1 and emergency response providers, including 
     users of the nationwide public safety broadband network;
       ``(E) the eligible entity has or will take steps to 
     coordinate with adjoining States and Tribes to establish and 
     maintain Next Generation 9-1-1; and
       ``(F) the eligible entity has developed a plan for public 
     outreach and education on how the public can best use Next 
     Generation 9-1-1 and on the capabilities and usefulness of 
     Next Generation 9-1-1.
       ``(6) Condition of grant.--Each eligible entity shall 
     agree, as a condition of receipt of a grant under this 
     subsection, that if any State or taxing jurisdiction within 
     which the eligible entity will carry out activities using 
     grant funds fails to comply with a certification required 
     under paragraph (5), during any period of time during which 
     the funds from the grant are available to the eligible 
     entity, all of the funds from such grant shall be returned to 
     the Under Secretary.
       ``(7) Penalty for providing false information.--Any 
     eligible entity that provides a certification under paragraph 
     (5) knowing that the information provided in the 
     certification was false shall--
       ``(A) not be eligible to receive the grant under this 
     subsection;
       ``(B) return any grant awarded under this subsection; and
       ``(C) not be eligible to receive any subsequent grants 
     under this subsection.
       ``(8) Prohibition.--Grant funds provided under this 
     subsection may not be used--
       ``(A) to support any activity of the First Responder 
     Network Authority; or
       ``(B) to make any payments to a person who has been, for 
     reasons of national security, prohibited by any entity of the 
     Federal Government from bidding on a contract, participating 
     in an auction, or receiving a grant.
       ``(d) Definitions.--In this section and sections 160 and 
     161:
       ``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge' 
     has the meaning given such term in section 6(f)(3)(D) of the 
     Wireless Communications and Public Safety Act of 1999 (47 
     U.S.C. 615a-1(f)(3)(D)).
       ``(2) 9-1-1 request for emergency assistance.--The term `9-
     1-1 request for emergency assistance' means a communication, 
     such as voice, text, picture, multimedia, or any other type 
     of data that is sent to an emergency communications center 
     for the purpose of requesting emergency assistance.
       ``(3) Administrator.--The term `Administrator' means the 
     Administrator of the National Highway Traffic Safety 
     Administration.
       ``(4) Commonly accepted standards.--The term `commonly 
     accepted standards' means the technical standards followed by 
     the communications industry for network, device, and Internet 
     Protocol connectivity that--
       ``(A) enable interoperability; and
       ``(B) are--
       ``(i) developed and approved by a standards development 
     organization that is accredited by an American standards body 
     (such as the American National Standards Institute) or an 
     equivalent international standards body in a process--

       ``(I) that is open to the public, including open for 
     participation by any person; and
       ``(II) provides for a conflict resolution process;

       ``(ii) subject to an open comment and input process before 
     being finalized by the standards development organization;
       ``(iii) consensus-based; and
       ``(iv) made publicly available once approved.
       ``(5) Cost related to the training.--The term `cost related 
     to the training' means--
       ``(A) actual wages incurred for travel and attendance, 
     including any necessary overtime pay and backfill wage;
       ``(B) travel expenses;
       ``(C) instructor expenses; or
       ``(D) facility costs and training materials.
       ``(6) Eligible entity.--The term `eligible entity'--
       ``(A) means--
       ``(i) a State or a Tribe; or
       ``(ii) an entity, including a public authority, board, or 
     commission, established by one or more entities described in 
     clause (i); and
       ``(B) does not include any entity that has failed to submit 
     the certifications required under subsection (c)(5).
       ``(7) Emergency communications center.--
       ``(A) In general.--The term `emergency communications 
     center' means--
       ``(i) a facility that--

       ``(I) is designated to receive a 9-1-1 request for 
     emergency assistance; and
       ``(II) performs one or more of the functions described in 
     subparagraph (B); or

       ``(ii) a public safety answering point, as defined in 
     section 222 of the Communications Act of 1934 (47 U.S.C. 
     222).
       ``(B) Functions described.--The functions described in this 
     subparagraph are the following:
       ``(i) Processing and analyzing 9-1-1 requests for emergency 
     assistance and information and data related to such requests.
       ``(ii) Dispatching appropriate emergency response 
     providers.
       ``(iii) Transferring or exchanging 9-1-1 requests for 
     emergency assistance and information and data related to such 
     requests with one or more other emergency communications 
     centers and emergency response providers.
       ``(iv) Analyzing any communications received from emergency 
     response providers.
       ``(v) Supporting incident command functions.
       ``(8) Emergency response provider.--The term `emergency 
     response provider' has the meaning given that term under 
     section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
     101).
       ``(9) First responder network authority.--The term `First 
     Responder Network Authority' means the authority established 
     under 6204 of the Middle Class Tax Relief and Job Creation 
     Act of 2012 (47 U.S.C. 1424).
       ``(10) Interoperability.--The term `interoperability' means 
     the capability of emergency communications centers to receive 
     9-1-1 requests for emergency assistance and information and 
     data related to such requests, such as location information 
     and callback numbers from a person initiating the request, 
     then process and share the 9-1-1 requests for emergency 
     assistance and information and data related to such requests 
     with other emergency communications centers and emergency 
     response providers without the need for proprietary 
     interfaces and regardless of jurisdiction, equipment, device, 
     software, service provider, or other relevant factors.
       ``(11) Nationwide public safety broadband network.--The 
     term `nationwide public safety broadband network' has the 
     meaning given the term in section 6001 of the Middle Class 
     Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
       ``(12) Next generation 9-1-1.--The term `Next Generation 9-
     1-1' means an Internet Protocol-based system that--
       ``(A) ensures interoperability;
       ``(B) is secure;
       ``(C) employs commonly accepted standards;
       ``(D) enables emergency communications centers to receive, 
     process, and analyze all types of 9-1-1 requests for 
     emergency assistance;
       ``(E) acquires and integrates additional information useful 
     to handling 9-1-1 requests for emergency assistance; and
       ``(F) supports sharing information related to 9-1-1 
     requests for emergency assistance among emergency 
     communications centers and emergency response providers.
       ``(13) Reliability.--The term `reliability' means the 
     employment of sufficient measures to ensure the ongoing 
     operation of Next Generation 9-1-1 including through the use 
     of geo-diverse, device- and network-agnostic elements that 
     provide more than one route between end points with no common 
     points where a single failure at that point would cause all 
     to fail.
       ``(14) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, 
     American Samoa, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.
       ``(15) Sustainable funding mechanism.--The term 
     `sustainable funding mechanism' means a funding mechanism 
     that provides adequate revenues to cover ongoing expenses, 
     including operations, maintenance, and upgrades.
       ``(16) Tribe.--The term `Tribe' has the meaning given to 
     the term `Indian Tribe' in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).

[[Page S9669]]

  


     ``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1 
                   CYBERSECURITY CENTER.

       ``The Under Secretary, after consulting with the 
     Administrator and the Director of the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, shall establish a Next Generation 9-1-1 
     Cybersecurity Center to coordinate with State, local, and 
     regional governments on the sharing of cybersecurity 
     information about, the analysis of cybersecurity threats to, 
     and guidelines for strategies to detect and prevent 
     cybersecurity intrusions relating to Next Generation 9-1-1.

     ``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.

       ``(a) Next Generation 9-1-1 Advisory Board.--
       ``(1) Establishment.--The Under Secretary shall establish a 
     `Public Safety Next Generation 9-1-1 Advisory Board' (in this 
     section referred to as the `Board') to provide 
     recommendations to the Under Secretary--
       ``(A) with respect to carrying out the duties and 
     responsibilities of the Under Secretary in issuing the 
     regulations required under section 159(c);
       ``(B) as required by paragraph (7); and
       ``(C) upon request under paragraph (8).
       ``(2) Membership.--
       ``(A) Voting members.--Not later than 150 days after the 
     date of the enactment of this section, the Under Secretary 
     shall appoint 16 public safety members to the Board, of 
     which--
       ``(i) 4 members shall represent local law enforcement 
     officials;
       ``(ii) 4 members shall represent fire and rescue officials;
       ``(iii) 4 members shall represent emergency medical service 
     officials; and
       ``(iv) 4 members shall represent 9-1-1 professionals.
       ``(B) Diversity of membership.--Members shall be 
     representatives of State or Tribes and local governments, 
     chosen to reflect geographic and population density 
     differences as well as public safety organizations at the 
     national level across the United States.
       ``(C) Expertise.--All members shall have specific expertise 
     necessary for developing technical requirements under this 
     section, such as technical expertise, and expertise related 
     to public safety communications and 9-1-1 services.
       ``(D) Rank and file members.--In making the appointments 
     required by subparagraph (A), the Under Secretary shall 
     appoint a rank and file member from each of the public safety 
     disciplines listed in clauses (i) through (iv) of 
     subparagraph (A) as a member of the Board and shall select 
     such member from an organization that represents its public 
     safety discipline at the national level.
       ``(3) Period of appointment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     members of the Board shall serve for a 3-year term.
       ``(B) Removal for cause.--A member of the Board may be 
     removed for cause upon the determination of the Under 
     Secretary.
       ``(4) Vacancies.--Any vacancy in the Board shall be filled 
     in the same manner as the original appointment.
       ``(5) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.
       ``(6) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     voting members of the Board.
       ``(7) Duty of board to submit recommendations.--Not later 
     than 120 days after all members of the Board are appointed 
     under paragraph (2), the Board shall submit to the Under 
     Secretary recommendations for--
       ``(A) deploying Next Generation 9-1-1 in rural and urban 
     areas;
       ``(B) ensuring flexibility in guidance, rules, and grant 
     funding to allow for technology improvements;
       ``(C) creating efficiencies related to Next Generation 9-1-
     1, including cybersecurity and the virtualization and sharing 
     of core infrastructure;
       ``(D) enabling effective coordination among State, local, 
     Tribal, and territorial government entities to ensure that 
     the needs of emergency communications centers in both rural 
     and urban areas are taken into account in each implementation 
     plan required under section 159(c)(3)(A)(iii); and
       ``(E) incorporating existing cybersecurity resources to 
     Next Generation 9-1-1 procurement and deployment.
       ``(8) Authority to provide additional recommendations.--
     Except as provided in paragraphs (1) and (7), the Board may 
     provide recommendations to the Under Secretary only upon 
     request of the Under Secretary.
       ``(9) Duration of authority.--The Board shall terminate on 
     the date on which funds made available to make grants under 
     section 159(c) are no longer available to be expended.
       ``(b) Rule of Construction.--Nothing in this section may be 
     construed as limiting the authority of the Under Secretary to 
     seek comment from stakeholders and the public.''.

                TITLE IV--INCUMBENT INFORMING CAPABILITY

     SEC. 401. INCUMBENT INFORMING CAPABILITY.

       (a) In General.--Part B of the National Telecommunications 
     and Information Administration Organization Act is amended by 
     adding at the end the following:

     ``SEC. 120. INCUMBENT INFORMING CAPABILITY.

       ``(a) In General.--The Under Secretary shall--
       ``(1) not later than 120 days after the date of the 
     enactment of this section, begin to amend the Department of 
     Commerce spectrum management document entitled `Manual of 
     Regulations and Procedures for Federal Radio Frequency 
     Management' so as to incorporate an incumbent informing 
     capability; and
       ``(2) not later than 90 days after December 31, 2022, begin 
     to implement such capability, including the development and 
     testing of such capability.
       ``(b) Establishment of the Incumbent Informing 
     Capability.--
       ``(1) In general.--The incumbent informing capability 
     required by subsection (a) shall include a system to enable 
     sharing, including time-based sharing and coordination, to 
     securely manage harmful interference between non-Federal 
     users and incumbent Federal entities sharing a band of 
     covered spectrum and between Federal entities sharing a band 
     of covered spectrum.
       ``(2) Requirements.--The system required by paragraph (1) 
     shall contain, at a minimum, the following:
       ``(A) One or more mechanisms (that shall include interfaces 
     to commerce sharing systems, as appropriate) to allow non-
     Federal use in covered spectrum, as authorized by the rules 
     of the Commission.
       ``(B) One or more mechanisms to facilitate Federal-to-
     Federal sharing, as authorized by the NTIA.
       ``(C) One or more mechanisms to prevent, eliminate, or 
     mitigate harmful interference to and from incumbent Federal 
     entities, including one or more of the following functions:
       ``(i) Sensing.
       ``(ii) Identification.
       ``(iii) Reporting.
       ``(iv) Analysis.
       ``(v) Resolution.
       ``(D) Dynamic coordination area analysis, definition, and 
     control, if appropriate for a band.
       ``(3) Compliance with commission rules.--The incumbent 
     informing capability required by subsection (a) shall ensure 
     that use of covered spectrum is in accordance with the 
     applicable rules of the Commission.
       ``(4) Input of information.--Each incumbent Federal entity 
     sharing a band of covered spectrum shall--
       ``(A) input into the system required by paragraph (1) such 
     information as the Under Secretary may require, including the 
     frequency, time, and location of the use of the band by such 
     Federal entity; and
       ``(B) to the extent practicable, input such information 
     into such system on an automated basis.
       ``(5) Protection of classified information and controlled 
     unclassified information.--
       ``(A) In general.--The system required by paragraph (1) 
     shall contain appropriate measures to protect classified 
     information and controlled unclassified information, 
     including any such classified information or controlled 
     unclassified information that relates to military operations.
       ``(B) Mechanism.--The Under Secretary shall develop a 
     mechanism--
       ``(i) for information sharing between classified and 
     unclassified databases; and
       ``(ii) to address issues of aggregate classification 
     challenges.
       ``(6) Consultation.--
       ``(A) Federal agencies.--The Under Secretary shall consult 
     with the heads of other relevant Federal agencies on the 
     development, testing, and implementation of the incumbent 
     informing capability to ensure consideration of the 
     operational and mission requirements of those Federal 
     agencies.
       ``(B) Stakeholder feedback.--The Under Secretary shall 
     solicit stakeholder feedback from Federal and non-Federal 
     users of the incumbent informing capability, including on--
       ``(i) how best to mitigate risks to incumbent Federal users 
     and missions;
       ``(ii) which mitigation measures could enable secondary 
     access by non-Federal users to avoid operational impact; and
       ``(iii) a process for incumbent Federal users to share 
     complaints or report harmful mission impact, including how 
     the impact to Federal missions would be assessed.
       ``(c) Briefing.--Not later than December 16, 2023, and 
     annually thereafter, the Under Secretary shall provide a 
     briefing on the implementation and operation of the incumbent 
     informing capability to--
       ``(1) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(2) the Committee on Energy and Commerce of the House of 
     Representatives.
       ``(d) Definitions.--In this section:
       ``(1) Covered spectrum.--The term `covered spectrum' 
     means--
       ``(A) electromagnetic spectrum for which usage rights are 
     assigned to or authorized for (including before the date on 
     which the incumbent informing capability required by 
     subsection (a) is implemented) a non-Federal user or class of 
     non-Federal users for use on a shared basis with an incumbent 
     Federal entity in accordance with the rules of the 
     Commission; and
       ``(B) electromagnetic spectrum allocated on a primary or 
     co-primary basis for Federal use that is shared among Federal 
     entities.
       ``(2) Federal entity.--The term `Federal entity' has the 
     meaning given such term in section 113(l).
       ``(3) Incumbent informing capability.--The term `incumbent 
     informing capability' means a capability to facilitate the 
     sharing of covered spectrum.

[[Page S9670]]

       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to alter or expand the authority of the NTIA as 
     described in section 113(j)(1).''.
       (b) Funding.--On the date of the enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     transfer $120,000,000 from the Spectrum Relocation Fund 
     established under section 118 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) to the National 
     Telecommunications and Information Administration for the 
     purpose of establishing the incumbent informing capability 
     under section 120 of such Act, as added by subsection (a).

              TITLE V--EXTENSION OF FCC AUCTION AUTHORITY

     SEC. 501. EXTENSION OF FCC AUCTION AUTHORITY.

       (a) Supersession of Short Extension.--Section 901 of 
     division O of this Act shall have no force or effect.
       (b) Extension.--Section 309(j)(11) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 
     ``December 23, 2022'' and inserting ``December 31, 2025''.

                 TITLE VI--SPECTRUM AUCTION TRUST FUND

     SEC. 601. DEPOSIT OF PROCEEDS.

       (a) Covered Auction Defined.--In this title, the term 
     ``covered auction'' means a system of competitive bidding--
       (1) conducted under section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)), as amended by this division, 
     that commences during the period beginning on December 23, 
     2022, and ending on December 31, 2025;
       (2) conducted under section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)), as amended by this division, 
     for the band of frequencies between 3100 megahertz and 3450 
     megahertz, inclusive; or
       (3)(A) that involves a band of frequencies described in 
     section 113(g)(2) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(g)(2)); or
       (B) with respect to which the Federal Communications 
     Commission shares with a licensee a portion of the proceeds, 
     as described in paragraph (8)(G) of such section 309(j).
       (b) Deposit of Proceeds.--Notwithstanding subparagraphs 
     (A), (C)(i), (D), and (G)(iii) of section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)) and except 
     as provided in subparagraph (B) of such section, the proceeds 
     (including deposits and upfront payments from successful 
     bidders) from any covered auction shall be deposited or 
     available as follows:
       (1) In the case of proceeds attributable to eligible 
     frequencies described in subsection (g)(2) of section 113 of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923), such amount 
     of such proceeds as is necessary to cover 110 percent of the 
     relocation or sharing costs (as defined in subsection (g)(3) 
     of such section) of Federal entities (as defined in 
     subsection (l) of such section) relocated from or sharing 
     such eligible frequencies shall be deposited in the Spectrum 
     Relocation Fund established under section 118 of such Act (47 
     U.S.C. 928). Any remaining proceeds after making the deposit 
     described in this paragraph shall be deposited in accordance 
     with section 602 of this division.
       (2) In the case of proceeds attributable to spectrum usage 
     rights made available through an incentive auction under 
     subparagraph (G) of section 309(j)(8) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(8)), such amount of such 
     proceeds as the Federal Communications Commission has agreed 
     to share with licensees under such subparagraph shall be 
     shared with such licensees. Any remaining proceeds after 
     making the deposit described in this paragraph shall be 
     deposited in accordance with section 602 of this division.
       (3) Any remaining proceeds after carrying out paragraphs 
     (1) and (2) shall be deposited in accordance with section 602 
     of this division.

     SEC. 602. SPECTRUM AUCTION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Spectrum 
     Auction Trust Fund'' (in this section referred to as the 
     ``Fund'') for the purposes described in subparagraphs (A) 
     through (E) of subsection (c)(1). Amounts deposited in the 
     Fund shall remain available until expended.
       (b) Deficit Reduction.--
       (1) Proceeds of required auction of 3.1-3.45 ghz band.--
     Except as provided in section 309(j)(8)(B) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and 
     notwithstanding any other provision of law--
       (A) the first $17,300,000,000 of the proceeds of systems of 
     competitive bidding required under section 90008 of the 
     Infrastructure Investment and Jobs Act (47 U.S.C. 921 note) 
     shall be deposited in the general fund of the Treasury, where 
     such proceeds shall be dedicated for the sole purpose of 
     deficit reduction; and
       (B) the remainder of the proceeds of the systems of 
     competitive bidding described in subparagraph (A) shall be 
     deposited in accordance with subsection (c).
       (2) Proceeds of spectrum pipeline act of 2015 auction.--
     Except as provided in section 309(j)(8)(B) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and 
     notwithstanding any other provision of law--
       (A) the first $300,000,000 of the proceeds of the system of 
     competitive bidding required under section 1004 of the 
     Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) shall be 
     deposited in the general fund of the Treasury, where such 
     proceeds shall be dedicated for the sole purpose of deficit 
     reduction; and
       (B) the remainder of the proceeds of the system of 
     competitive bidding described in subparagraph (A) shall be 
     deposited in accordance with subsection (c).
       (3) Remaining proceeds of covered auctions.--Except as 
     provided in section 309(j)(8)(B) of the Communications Act of 
     1934 (47 U.S.C. 309(j)(8)(B)), and notwithstanding any other 
     provision of law, any proceeds from covered auctions 
     conducted under section 309(j) of the Communications Act of 
     1934 (47 U.S.C. 309(j)), shall be deposited as follows 
     (unless the system of competitive bidding is a covered 
     auction or a system of competitive bidding described in 
     paragraph (1) or (2) of this subsection, in which case those 
     proceeds shall be deposited in accordance with paragraph (1) 
     or (2) of this subsection, as applicable):
       (A) The first $2,000,000,000 of those proceeds shall be 
     deposited in the general fund of the Treasury, where such 
     amounts shall be dedicated for the sole purpose of deficit 
     reduction.
       (B) Any remaining proceeds after carrying out subparagraph 
     (A) shall be deposited in accordance with subsection (c).
       (c) Deposit of Funds.--
       (1) In general.--Except as provided in subsection (b) and 
     paragraph (2), and notwithstanding any other provision of law 
     (except for that subsection), an aggregate total amount of 
     $23,280,000,000 from covered auctions shall be deposited in 
     the Fund as follows:
       (A) 30 percent of any such amounts, but no more than 
     $3,080,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under section (d) of this section.
       (B) 30 percent of any such amounts, but no more than 
     $14,800,000,000 cumulatively, shall be made available to the 
     Under Secretary of Commerce for Communications and 
     Information until expended to carry out sections 159, 160, 
     and 161 of the National Telecommunications and Information 
     Administration Organization Act, as added by section 301 of 
     this division, except that not more than 4 percent of the 
     amount made available by this subparagraph may be used for 
     administrative purposes (including carrying out such sections 
     160 and 161).
       (C) 30 percent of any such amounts, but no more than 
     $5,000,000,000 cumulatively, shall be made available to the 
     Under Secretary of Commerce for Communications and 
     Information to carry out section 60401 of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1741).
       (D) 5 percent of such amounts, but no more than 
     $200,000,000 cumulatively, shall be made available to the 
     Under Secretary of Commerce for Communications and 
     Information to carry out the Telecommunications Workforce 
     Training Grant Program created under title XII of this 
     division.
       (E) 5 percent of such amounts, but no more than 
     $200,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under section (e) of this section.
       (2) Distribution.--If the maximum amount permitted under a 
     subparagraph of paragraph (1) is met, whether through covered 
     auction proceeds or appropriations to the program specified 
     in such subparagraph, any remaining proceeds shall be 
     deposited pro rata based on the original distribution to all 
     subparagraphs of paragraph (1) for which the maximum amount 
     permitted has not been met.
       (3) Deficit reduction.--After the amount required to be 
     made available by paragraphs (1) and (2) is so made 
     available, any remaining amounts shall be deposited in the 
     general fund of the Treasury, where such amounts shall be 
     dedicated for the sole purpose of deficit reduction.
       (d) FCC Borrowing Authority.--The Federal Communications 
     Commission may borrow from the Treasury of the United States, 
     not later than 90 days after the date of the enactment of 
     this Act, an amount not to exceed $3,080,000,000 to carry out 
     the Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1601 et seq.), provided that the Commission shall 
     not use any funds borrowed under this subsection in a manner 
     that may result in outlays on or after December 31, 2032.
       (e) NTIA Borrowing Authority.--The Under Secretary of 
     Commerce for Communications and Information may borrow from 
     the Treasury of the United States, not later than 90 days 
     after the date of the enactment of this Act, an amount not to 
     exceed $200,000,000 to carry out the Minority Serving 
     Institutions Program created under title XI of this division, 
     provided that the Under Secretary shall not use any funds 
     borrowed under this subsection in a manner that may result in 
     outlays on or after December 31, 2032.
       (f) Reporting Requirement.--Not later than 2 years after 
     the date of the enactment of this Act, and every year 
     thereafter until funds are fully expended, the agencies to 
     which the funds are made available shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the amount 
     transferred or made available under each subparagraph of 
     subsection (c)(1).

[[Page S9671]]

  


               TITLE VII--CREATION OF A SPECTRUM PIPELINE

     SEC. 701. CREATION OF A SPECTRUM PIPELINE.

       (a) Feasibility Assessment.--
       (1) In general.--The Under Secretary shall complete, not 
     later than June 15, 2025, a feasibility assessment of making 
     available electromagnetic spectrum for non-Federal use, 
     shared Federal and non-Federal use, or a combination thereof, 
     in the bands of frequencies--
       (A) between 4400 and 4940 megahertz, inclusive; and
       (B) between 7125 and 8500 megahertz, inclusive.
       (2) Other requirements.--In conducting the feasibility 
     assessment under paragraph (1), the Under Secretary shall--
       (A) coordinate directly with covered agencies with respect 
     to frequencies assigned to, and used by, those agencies in 
     the bands described in paragraph (1) and in affected adjacent 
     or near adjacent bands; and
       (B) conduct each analysis in accordance with section 113(j) 
     of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(j)).
       (b) Report to the Commission and Congress.--
       (1) In general.--Not later than 30 days after the date on 
     which the Under Secretary completes the feasibility 
     assessment required under subsection (a)(1), the Under 
     Secretary shall submit to the Commission and Congress a 
     report regarding that analysis, including an identification 
     of the frequencies to be reallocated from Federal use to non-
     Federal use, and from Federal use to shared Federal and non-
     Federal use.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the covered agencies with which the Under Secretary 
     coordinated regarding the frequencies considered under 
     subsection (a)(1);
       (B) the necessary steps to make the bands of frequencies 
     considered under subsection (a)(1) available for non-Federal 
     use, shared Federal and non-Federal use, or a combination 
     thereof, including--
       (i) the technical requirements necessary to make available 
     bands in the frequencies considered under subsection (a)(1) 
     for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use; and

       (ii) an estimate of the cost to covered agencies to make 
     available bands in the frequencies considered under 
     subsection (a)(1) for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use;

       (C) an assessment of the likelihood that authorizing mobile 
     or fixed terrestrial operations in any of the frequencies 
     considered under subsection (a)(1) would result in harmful 
     interference to an affected Federal entity; and
       (D) an assessment of the potential impact that authorizing 
     mobile or fixed terrestrial wireless operations, including 
     advanced mobile services operations, in any of the 
     frequencies considered under subsection (a) could have on the 
     mission of an affected Federal entity.
       (3) Public availability.--The Under Secretary shall make 
     the report submitted under this subsection publicly 
     available.
       (4) Classified information.--To the extent that there is 
     classified material in the report required to be submitted 
     under subsection (b)(1), provide the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Commerce, Science and Transportation of the Senate a briefing 
     on the classified components of the report submitted under 
     this subsection.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to require the disclosure of classified 
     information, law enforcement sensitive information, or other 
     information reflecting technical, procedural, or policy 
     concerns subject to protection under section 552 of title 5, 
     United States Code.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Communications and 
     Information.

               TITLE VIII--IMPROVING SPECTRUM MANAGEMENT

     SEC. 801. IMPROVING SPECTRUM MANAGEMENT.

       Part A of the National Telecommunications and Information 
     Administration Organization Act is amended by adding at the 
     end the following:

     ``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.

       ``(a) Definitions.--In this section:
       ``(1) Chair.--The term `Chair' means the Chairman of the 
     Commission.
       ``(2) Commission.--The term `Commission' means the Federal 
     Communications Commission.
       ``(3) Memorandum.--The term `Memorandum' means the 
     Memorandum of Understanding between the Commission and the 
     National Telecommunications and Information Administration 
     (relating to increased coordination between Federal spectrum 
     management agencies to promote the efficient use of the radio 
     spectrum in the public interest), signed on August 1, 2022, 
     or any successor memorandum.
       ``(4) PPSG.--The term `PPSG' means the interagency advisory 
     body that, as of the date of the enactment of this section, 
     is known as the Policy and Plans Steering Group.
       ``(5) Spectrum action.--The term `spectrum action' means 
     any proposed action by the Commission to reallocate radio 
     frequency spectrum that is anticipated to result in a system 
     of competitive bidding conducted under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) or licensing 
     that could potentially impact the spectrum operations of a 
     Federal entity.
       ``(6) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Communications and 
     Information.
       ``(b) Federal Coordination Procedures.--
       ``(1) Notice.--With respect to each spectrum action, the 
     Under Secretary shall file in the public record with respect 
     to the spectrum action information (redacted as necessary if 
     the information is protected from disclosure for a reason 
     described in paragraph (3)) not later than the end of the 
     period for submitting comments to the Commission in such 
     proceeding regarding--
       ``(A) when the Commission provided notice to the Under 
     Secretary regarding the spectrum action, as required under 
     the Memorandum;
       ``(B) the Federal entities that may be impacted by the 
     spectrum action;
       ``(C) when the Under Secretary provided notice to the 
     Federal entities described in subparagraph (B) regarding the 
     spectrum action; and
       ``(D) a summary of the general technical or procedural 
     concerns of Federal entities with the spectrum action.
       ``(2) Final rule.--If the Commission promulgates a final 
     rule under section 553 of title 5, United States Code, 
     involving a spectrum action, the Commission shall prepare, 
     make available to the public, and publish in the Federal 
     Register along with the final rule an interagency 
     coordination summary that describes--
       ``(A) when the Commission provided notice to the Under 
     Secretary regarding the spectrum action, as required under 
     the Memorandum;
       ``(B) whether the Under Secretary raised technical, 
     procedural, or policy concerns of Federal entities regarding 
     the spectrum action; and
       ``(C) how any concerns described in subparagraph (B) were 
     resolved.
       ``(3) Rule of construction.--Nothing in this subsection may 
     be construed to require the disclosure of classified 
     information, or other information reflecting technical, 
     procedural, or policy concerns that are exempt from 
     disclosure under section 552 of title 5, United States Code 
     (commonly known as the `Freedom of Information Act').
       ``(c) Federal Spectrum Coordination Responsibilities.--
       ``(1) In general.--Not later than 180 after the date of the 
     enactment of this Act, the Under Secretary shall establish a 
     charter for the PPSG.
       ``(2) PPSG representative.--
       ``(A) In general.--The head of each Federal entity that is 
     reflected in the membership of the PPSG, as identified in the 
     charter established under paragraph (1), shall appoint a 
     senior-level employee (or an individual occupying a Senior 
     Executive Service position, as defined in section 3132(a) of 
     title 5, United States Code) who is eligible to receive a 
     security clearance that allows for access to sensitive 
     compartmented information to serve as the representative of 
     the Federal entity to the PPSG.
       ``(B) Security clearance requirement.--If an individual 
     appointed under subparagraph (A) is not eligible to receive a 
     security clearance described in that subparagraph--
       ``(i) the appointment shall be invalid; and
       ``(ii) the head of the Federal entity making the 
     appointment shall appoint another individual who satisfies 
     the requirements of that subparagraph, including the 
     requirement that the individual is eligible to receive such a 
     security clearance.
       ``(3) Duties.--An individual appointed under paragraph (2) 
     shall--
       ``(A) oversee the spectrum coordination policies and 
     procedures of the applicable Federal entity;
       ``(B) be responsible for timely notification of technical 
     or procedural concerns of the applicable Federal entity to 
     the PPSG; and
       ``(C) work closely with the representative of the 
     applicable Federal entity to the Interdepartment Radio 
     Advisory Committee.
       ``(4) Public contact.--
       ``(A) In general.--Each Federal entity shall list, on the 
     website of the Federal entity, the name and contact 
     information of the representative of the Federal entity to 
     the PPSG, as appointed under paragraph (2).
       ``(B) Ntia responsibility.--The Under Secretary shall 
     publish on the public website of the NTIA a complete list of 
     the representatives to the PPSG appointed under paragraph 
     (2).
       ``(d) Coordination Between Federal Agencies and the Ntia.--
       ``(1) Updates.--Not later than 3 years from the date of the 
     enactment of this section, and every 4 years thereafter or 
     more frequently as appropriate, the Commission and the NTIA 
     shall update the Memorandum.
       ``(2) Nature of update.--In updating the Memorandum as 
     required in paragraph (1), such updates shall reflect 
     changing technological, procedural, and policy circumstances 
     as determined are necessary and appropriate by the Commission 
     and NTIA.''.

[[Page S9672]]

  


            TITLE IX--SPECTRUM RELOCATION FUND MODERNIZATION

     SEC. 901. SPECTRUM RELOCATION FUND MODERNIZATION.

       (a) Congressional Notification Timelines.--Section 118 of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 928) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (C), by striking ``30 days'' and 
     inserting ``15 days''; and
       (B) in the matter following subparagraph (C), by striking 
     ``30 days'' and inserting ``15 days'';
       (2) in subsection (f)(2)(B)(iv), by striking ``30 days'' 
     and inserting ``15 days''; and
       (3) in subsection (g)(2)(D)(ii), by striking ``60 days'' 
     and inserting ``15 days''.
       (b) Comparable Capability.--Section 113(g)(3) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(3)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (iv), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vi) the costs associated with replacing systems and 
     equipment with state-of-the-art systems and equipment, 
     including systems and equipment with additional functions, 
     only if the state-of-the-art systems and equipment allow for 
     the reallocation of significantly more valuable spectrum 
     frequencies from Federal use to exclusive non-Federal use or 
     to shared Federal and non-Federal use than would be 
     reallocated if systems and equipment were replaced with 
     comparable systems and equipment or systems and equipment 
     with incidental increases in functionality, provided the 
     costs would not jeopardize the ability of the Under 
     Secretary, in consultation with the Chair of the Commission, 
     to reallocate eligible spectrum frequencies from Federal use 
     to exclusive non-Federal use or to shared use.''; and
       (2) in subparagraph (B)(ii), by striking ``incidental''.
       (c) Technical Panel.--Section 113(h) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(h)) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (B)(i)--
       (i) in the clause heading, by striking ``number and 
     appointment'' and inserting ``number, appointment, and 
     role'';
       (ii) in subclause (I), by inserting before the period at 
     the end the following: ``, including to focus on how the 
     plans and timelines of the Federal entity for using funds 
     received from the Spectrum Relocation Fund impact the 
     balances of the Spectrum Relocation Fund'';
       (iii) in subclause (II), by inserting before the period at 
     the end the following: ``, including to focus on the 
     feasibility of the steps to be taken by the Federal entity to 
     relocate its spectrum use or to transition to shared spectrum 
     use''; and
       (iv) in subclause (III), by inserting before the period at 
     the end the following: ``, including to focus on the level of 
     demand for the eligible frequencies to be auctioned''; and
       (B) by adding at the end the following:
       ``(F) Criteria and transparency.--
       ``(i) In general.--Not later than June 30, 2023, the NTIA 
     shall, after public notice and comment and subject to 
     approval by the Director of OMB, in coordination with the 
     Chair of the Commission, develop a framework by which the 
     Technical Panel shall evaluate the sufficiency of the plan of 
     a Federal entity and the reasonableness of the proposed 
     timelines and estimated costs in that plan.
       ``(ii) Publication.--Not later than 15 days after the NTIA 
     adopts the regulations required under clause (i), the NTIA 
     shall publish the framework developed under clause (i) on the 
     website of the NTIA.''; and
       (2) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by inserting ``written'' before ``report''; and
       (ii) by striking ``paragraph (2)'' and all that follows 
     through the period at the end and inserting the following: 
     ``the framework under paragraph (3) and an assessment of 
     whether the plan meets the criteria established in the 
     framework under paragraph (3) for the reasonableness of the 
     proposed timelines and estimated costs.'';
       (B) in subparagraph (B), by striking ``90'' and inserting 
     ``60''; and
       (C) by adding at the end the following:
       ``(C) Transparency and notification.--If the Technical 
     Panel finds that a plan submitted under paragraph (1) is 
     insufficient, not later than 15 days after the finding of 
     insufficiency, the NTIA shall submit to Congress a 
     notification, which shall include the criteria established in 
     the framework under paragraph (3) the Technical Panel 
     determined that the plan did not meet.''.
       (d) Research Funds for Transition Plans.--Section 118(g)(2) 
     of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 928(g)(2)) is 
     amended--
       (1) in subparagraph (C), by striking ``that--'' and all 
     that follows through the period at the end and inserting 
     ``that are assigned to a Federal entity.''; and
       (2) in subparagraph (E)(ii)(I)(bb), by striking ``and'' and 
     inserting ``or''.
       (e) Study of Payments for Research and Development.--The 
     Comptroller General of the United States shall issue a report 
     to Congress--
       (1) reviewing the use of the Spectrum Relocation Fund 
     established under section 118 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) by Federal entities for 
     research and development, engineering studies, economic 
     analyses, activities with respect to systems, or other 
     planning activities intended to improve the efficiency and 
     effectiveness of the spectrum use of Federal entities in 
     order to make available frequencies for exclusive non-Federal 
     use; and
       (2) that considers if changes are necessary to encourage 
     Federal entities to access funds in the Spectrum Relocation 
     Fund for the purpose described in paragraph (1), and whether 
     the National Telecommunications and Information 
     Administration should be able to access funds in the Spectrum 
     Relocation Fund for research and development, to lead 
     spectrum studies, and to provide oversight of SRF-funded 
     activities.
       (f) Rule of Construction.--None of the amendments made by 
     this section shall apply to the relocation of Federal 
     entities in connection with the auction required under 
     section 1004 of the Spectrum Pipeline Act of 2015 (Public Law 
     114-74; 129 Stat. 621; 47 U.S.C. 921 note) or the auction 
     required under section 90008(b) of the Infrastructure 
     Investment and Jobs Act (Public Law 117-58; 135 Stat. 1348; 
     47 U.S.C. 921 note), as amended by this division.

                     TITLE X--NTIA REAUTHORIZATION

     SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.

       Section 151 of the National Telecommunications and 
     Information Administration Organization Act is amended--
       (1) by striking ``1992 and'' and inserting ``1992,''; and
       (2) by inserting ``and $62,000,000 for fiscal year 2023,'' 
     after ``1993,''.

     SEC. 1002. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND 
                   INFORMATION.

       (a) In General.--Section 103(a)(2) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)(2)) is amended by striking 
     ``Assistant Secretary of Commerce for Communications and 
     Information'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''.
       (b) Pay.--Subchapter II of chapter 53 of title 5, United 
     States Code, is amended--
       (1) in section 5314, by striking ``and Under Secretary of 
     Commerce for Minority Business Development'' and inserting 
     ``Under Secretary of Commerce for Minority Business 
     Development, and Under Secretary of Commerce for 
     Communications and Information''; and
       (2) in section 5315, by striking ``(11)'' after ``Assistant 
     Secretaries of Commerce'' and inserting ``(10)''.
       (c) Deputy Under Secretary.--
       (1) In general.--Section 103(a) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)), as amended by subsection 
     (a) of this section, is amended by adding at the end the 
     following:
       ``(3) Deputy under secretary.--The Deputy Under Secretary 
     of Commerce for Communications and Information shall--
       ``(A) be the principal policy advisor of the Under 
     Secretary;
       ``(B) perform such other functions as the Under Secretary 
     shall from time to time assign or delegate; and
       ``(C) act as Under Secretary during the absence or 
     disability of the Under Secretary or in the event of a 
     vacancy in the office of the Under Secretary.''.
       (2) Technical and conforming amendment.--Section 106(c) of 
     the Public Telecommunications Financing Act of 1978 (5 U.S.C. 
     5316 note; Public Law 95-567) is amended by striking ``The 
     position of Deputy Assistant Secretary of Commerce for 
     Communications and Information, established in Department of 
     Commerce Organization Order Numbered 10-10 (effective March 
     26, 1978),'' and inserting ``The position of Deputy Under 
     Secretary of Commerce for Communications and Information, 
     established under section 103(a) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 902(a)),''.
       (d) Technical and Conforming Amendments.--
       (1) Communications act of 1934.--Section 344(d)(2) of the 
     Communications Act of 1934 (as added by section 60602(a) of 
     the Infrastructure Investment and Jobs Act (Public Law 117-
     58)) is amended by striking ``Assistant Secretary'' and 
     inserting ``Under Secretary''.
       (2) National telecommunications and information 
     administration organization act.--The National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 901 et seq.) is amended by 
     striking ``Assistant Secretary'' each place the term appears 
     and inserting ``Under Secretary''.
       (3) Homeland security act of 2002.--Section 1805(d)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is 
     amended by striking ``Assistant Secretary for Communications 
     and Information of the Department of Commerce'' and inserting 
     ``Under Secretary of Commerce for Communications and 
     Information''.
       (4) Agriculture improvement act of 2018.--Section 6212 of 
     the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is 
     amended--

[[Page S9673]]

       (A) in subsection (d)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (5) REAL id act of 2005.--Section 303 of the REAL ID Act of 
     2005 (8 U.S.C. 1721 note; Public Law 109-13) is repealed.
       (6) Broadband data improvement act.--Section 214 of the 
     Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Assistant Secretary'' and inserting 
     ``Under Secretary'';
       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (7) Electronic signatures in global and national commerce 
     act.--Section 103(c) of the Electronic Signatures in Global 
     and National Commerce Act (15 U.S.C. 7003(c)) is amended--
       (A) by striking ``Exceptions'' and all that follows through 
     ``Determinations.--If'' and inserting ``Exceptions.--If''; 
     and
       (B) by striking ``such exceptions'' and inserting ``of the 
     exceptions in subsections (a) and (b)''.
       (8) Title 17, united states code.--Section 1201 of title 
     17, United States Code, is amended--
       (A) in subsection (a)(1)(C), in the matter preceding clause 
     (i), by striking ``Assistant Secretary for Communications and 
     Information of the Department of Commerce'' and inserting 
     ``Under Secretary of Commerce for Communications and 
     Information''; and
       (B) in subsection (g), by striking paragraph (5).
       (9) Unlocking consumer choice and wireless competition 
     act.--Section 2(b) of the Unlocking Consumer Choice and 
     Wireless Competition Act (17 U.S.C. 1201 note; Public Law 
     113-144) is amended by striking ``Assistant Secretary for 
     Communications and Information of the Department of 
     Commerce'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''.
       (10) Implementing recommendations of the 9/11 commission 
     act of 2007.--Section 2201(d) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C. 
     247d-3a note; Public Law 110-53) is repealed.
       (11) Communications satellite act of 1962.--Section 
     625(a)(1) of the Communications Satellite Act of 1962 (47 
     U.S.C. 763d(a)(1)) is amended, in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary'' and 
     inserting ``Under Secretary of Commerce''.
       (12) Spectrum pipeline act of 2015.--The Spectrum Pipeline 
     Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-
     74) is amended--
       (A) in section 1002(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (13) Warning, alert, and response network act.--Section 606 
     of the Warning, Alert, and Response Network Act (47 U.S.C. 
     1205) is amended--
       (A) in subsection (b), in the first sentence, by striking 
     ``Assistant Secretary of Commerce for7Communications and 
     Information'' and inserting ``Under Secretary of Commerce for 
     Communications and Information''; and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (14) American recovery and reinvestment act of 2009.--
     Section 6001 of the American Recovery and Reinvestment Act of 
     2009 (47 U.S.C. 1305) is amended by striking ``Assistant 
     Secretary'' each place the term appears and inserting ``Under 
     Secretary''.
       (15) Middle class tax relief and job creation act of 
     2012.--Title VI of the Middle Class Tax Relief and Job 
     Creation Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
       (A) in section 6001 (47 U.S.C. 1401)--
       (i) by striking paragraph (4);
       (ii) by redesignating paragraphs (5) through (31) as 
     paragraphs (4) through (30), respectively; and
       (iii) by inserting after paragraph (30), as so 
     redesignated, the following:
       ``(31) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Communications and 
     Information.'';
       (B) in subtitle D (47 U.S.C. 1451 et seq.)--
       (i) in section 6406 (47 U.S.C. 1453)--

       (I) by striking subsections (b) and (c); and
       (II) by inserting after subsection (a) the following:

       ``(b) Definition.--In this section, the term `5350-5470 MHz 
     band' means the portion of the electromagnetic spectrum 
     between the frequencies from 5350 megahertz to 5470 
     megahertz.''; and
       (ii) by striking section 6408; and
       (C) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (16) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018 
     (division P of Public Law 115-141; 132 Stat. 348) is amended 
     by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (17) Secure and trusted communications networks act of 
     2019.--Section 8 of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1607) is amended--
       (A) in subsection (c)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (B) by striking ``Assistant Secretary'' each place the term 
     appears and inserting ``Under Secretary''.
       (18) Title 51, united states code.--Section 50112(3) of 
     title 51, United States Code, is amended, in the matter 
     preceding subparagraph (A), by striking ``Assistant 
     Secretary'' each place the term appears and inserting ``Under 
     Secretary''.
       (19) Consolidated appropriations act, 2021.--The 
     Consolidated Appropriations Act, 2021 (Public Law 116-260) is 
     amended--
       (A) in title IX of division N--
       (i) in section 902(a)(2), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary'';
       (ii) in section 905--

       (I) in subsection (a)(1), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary'';
       (II) in subsection (c)(3)(B), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (III) in subsection (d)(2)(B), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and

       (iii) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary''; and
       (B) in title IX of division FF--
       (i) in section 903(g)(2), in the heading, by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (ii) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary''.
       (20) Infrastructure investment and jobs act.--The 
     Infrastructure Investment and Jobs Act (Public Law 117-58) is 
     amended--
       (A) in section 27003, by striking ``Assistant Secretary'' 
     each place the term appears and inserting ``Under 
     Secretary'';
       (B) in division F--
       (i) in section 60102--

       (I) in subsection (a)(2)(A), by striking ``assistant 
     secretary'' and inserting ``under secretary'';
       (II) in subsection (d)(1), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (III) in subsection (h)--

       (aa) in paragraph (1)(B), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (bb) in paragraph (5)(B)(iii), by striking ``assistant 
     secretary'' and inserting ``under secretary'';
       (ii) in title III--

       (I) in section 60302(5), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (II) in section 60305(d)(2)(B)(ii), by striking ``assistant 
     secretary'' and inserting ``under secretary'';

       (iii) in section 60401(a)(2), by striking ``assistant 
     secretary'' and inserting ``under secretary''; and
       (iv) by striking ``Assistant Secretary'' each place the 
     term appears and inserting ``Under Secretary'';
       (C) in section 90008(b)(3), by striking ``Assistant 
     Secretary'' and inserting ``Under Secretary''; and
       (D) in division J, in title I, in the matter under the 
     heading ``distance learning, telemedicine, and broadband 
     program'' under the heading ``Rural Utilities Service'' under 
     the heading ``RURAL DEVELOPMENT PROGRAMS'', by striking 
     ``Assistant Secretary'' and inserting ``Under Secretary''.
       (e) Continuation in Office.--The individual serving as the 
     Assistant Secretary of Commerce for Communications and 
     Information and the individual serving as the Deputy 
     Assistant Secretary of Commerce for Communications and 
     Information on the day before the date of the enactment of 
     this Act may serve as the Under Secretary of Commerce for 
     Communications and Information and the Deputy Under Secretary 
     of Commerce for Communications and Information, respectively, 
     on and after that date without the need for renomination or 
     reappointment.
       (f) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Assistant 
     Secretary of Commerce for Communications and Information is 
     deemed to refer to the Under Secretary of Commerce for 
     Communications and Information.
       (g) Savings Provisions.--
       (1) Legal documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     certificates, licenses, and privileges--
       (A) that have been issued, made, granted, or allowed to 
     become effective by the Assistant Secretary of Commerce for 
     Communications and Information, any officer or employee of 
     the National Telecommunications and Information 
     Administration, or any other Government official, or by a 
     court of competent jurisdiction; and
       (B) that are in effect on the date of the enactment of this 
     Act (or become effective after such date pursuant to their 
     terms as in effect on such date),
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law.
       (2) Nonabatement of actions.--No suit, action, or other 
     proceeding commenced by or against the Assistant Secretary of 
     Commerce for Communications and Information shall abate by 
     reason of the enactment of this title.

[[Page S9674]]

       (3) Proceedings.--This title shall not affect any 
     proceedings or any application for any benefits, service, 
     license, permit, certificate, or financial assistance pending 
     on the date of the enactment of this Act before the National 
     Telecommunications and Information Administration, but such 
     proceedings and applications shall be continued. Orders shall 
     be issued in such proceedings, appeals shall be taken 
     therefrom, and payments shall be made pursuant to such 
     orders, as if this title had not been enacted, and orders 
     issued in any such proceeding shall continue in effect until 
     modified, terminated, superseded, or revoked by a duly 
     authorized official, by a court of competent jurisdiction, or 
     by operation of law. Nothing in this paragraph shall be 
     considered to prohibit the discontinuance or modification of 
     any such proceeding under the same terms and conditions and 
     to the same extent that such proceeding could have been 
     discontinued or modified if this title had not been enacted.
       (4) Suits.--This title shall not affect suits commenced 
     before the date of the enactment of this Act, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this title had not been enacted.

            TITLE XI--MINORITY SERVING INSTITUTIONS PROGRAM

     SEC. 1101. DEFINITIONS.

       In this title:
       (1) Broadband.--The term ``broadband'' means broadband--
       (A) having--
       (i) a speed of not less than--

       (I) 100 megabits per second for downloads; and
       (II) 20 megabits per second for uploads; and

       (ii) a latency sufficient to support reasonably 
     foreseeable, real-time, interactive applications; and
       (B) with respect to an eligible community, offered with a 
     low-cost option that is affordable to low- and middle-income 
     residents of the eligible community, including through the 
     Affordable Connectivity Program established under section 
     904(b) of division N of the Consolidated Appropriations Act, 
     2021 (47 U.S.C. 1752(b)) or any successor program, and a low-
     cost program available through a provider.
       (2) Covered planning grant.--The term ``covered planning 
     grant'' means funding made available to an eligible applicant 
     for the purpose of developing or carrying out a local 
     broadband plan from--
       (A) an administering entity through a subgrant under 
     section 60304(c)(3)(E) of the Infrastructure Investment and 
     Jobs Act (47 U.S.C. 1723); or
       (B) an eligible entity--
       (i) carrying out pre-deployment planning activities under 
     subparagraph (A) of section 60102(d)(2) of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1702(d)(2)) or carrying 
     out the administration of the grant under subparagraph (B) of 
     such Act; or
       (ii) carrying out planning activities under section 
     60102(e)(1)(C)(iii) of the Infrastructure Investment and Jobs 
     Act (47 U.S.C. 1702(e)(1)(C)(iii)).
       (3) Digital equity.--The term ``digital equity'' has the 
     meaning given the term in section 60302 of the Infrastructure 
     Investment and Jobs Act (47 U.S.C. 1721).
       (4) Eligible applicant.--The term ``eligible applicant'' 
     means an organization that does not receive a covered 
     planning grant and--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and is exempt from taxation under 
     section 501(a) of that Code;
       (B) has a mission that is aligned with advancing digital 
     equity;
       (C) has relevant experience and expertise supporting 
     eligible community anchor institutions to engage in the 
     planning for the expansion and adoption of reliable and 
     affordable broadband and deployment of broadband, and the 
     advancement of digital equity--
       (i) on campus at such institutions; and
       (ii) to low-income residents in eligible communities with 
     respect to those institutions; and
       (D) employs staff with expertise in the development of 
     broadband plans, the construction of internet infrastructure, 
     or the design and delivery of digital equity programs, 
     including through the use of contractors and consultants, 
     except that the employment of such staff does not rely solely 
     on outsourced contracts.
       (5) Eligible community.--The term ``eligible community'' 
     means a community that--
       (A) is located--
       (i) within a census tract any portion of which is not more 
     than 15 miles from an eligible community anchor institution; 
     and
       (ii) with respect to a Tribal College or University located 
     on land held in trust by the United States--

       (I) not more than 15 miles from the Tribal College or 
     University; or
       (II) within a maximum distance established by the Under 
     Secretary, in consultation with the Secretary of the 
     Interior, to ensure that the area is statistically comparable 
     to other areas described in clause (i); and

       (B) has an estimated median annual household income of not 
     more than 250 percent of the poverty line, as defined in 
     section 673 of the Community Services Block Grant Act (42 
     U.S.C. 9902).
       (6) Eligible community anchor institution.--The term 
     ``eligible community anchor institution'' means a 
     historically Black college or university, a Tribal College or 
     University, or a Minority-serving institution.
       (7) Eligible entity.--The term ``eligible entity'' has the 
     meaning given such term in section 60102 of the 
     Infrastructure Investment and Jobs Act (47 U.S.C. 1702).
       (8) Historically black college or university; tribal 
     college or university; minority-serving institution.--The 
     terms ``historically Black college or university'', ``Tribal 
     College or University'', and ``Minority-serving institution'' 
     have the meanings given those terms in section 902(a) of 
     title IX of division N of the Consolidated Appropriations 
     Act, 2021 (47 U.S.C. 1306(a)), and include an established 
     fiduciary of such educational institution, such as an 
     affiliated foundation, or a district or State system 
     affiliated with such educational institution.
       (9) Improper payments.--The term ``improper payments'' has 
     the meaning given the term in section 3351 of title 31, 
     United States Code.
       (10) Local broadband plan.--The term ``local broadband 
     plan'' means a plan developed pursuant to section 1102(c).
       (11) Program.--The term ``program'' means the pilot program 
     established under section 1102(a).
       (12) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Communications and 
     Information.

     SEC. 1102. PROGRAM.

       (a) Establishment.--The Under Secretary, acting through the 
     head of the Office of Minority Broadband Initiatives, shall 
     use the amounts made available under section 602(e) of this 
     division to establish within the National Telecommunications 
     and Information Administration a program for the purposes 
     described in subsection (c), provided that not more than 6 
     percent of the amounts used to establish the program may be 
     used for salary, expenses, administration, and oversight with 
     respect to the program.
       (b) Authority.--The Under Secretary may use funding 
     mechanisms, including grants, cooperative agreements, and 
     contracts, for the effective implementation of the pilot 
     program.
       (c) Purposes.--Funding made available under the program 
     shall enable an eligible applicant to work with an eligible 
     community anchor institution, and each eligible community 
     with respect to the eligible community anchor institution, to 
     develop a local broadband plan to--
       (1) identify barriers to broadband deployment and adoption 
     in order to expand the availability and adoption of broadband 
     at the eligible community anchor institution and within each 
     such eligible community;
       (2) advance digital equity at the eligible community anchor 
     institution and within each such eligible community; and
       (3) help each such eligible community to prepare 
     applications for funding from multiple sources, including 
     from--
       (A) the various programs authorized under the 
     Infrastructure Investment and Jobs Act (Public Law 117-58; 
     135 Stat. 429); and
       (B) other Federal, State, and Tribal sources of funding for 
     broadband deployment, affordable broadband internet service, 
     or digital equity.
       (d) Contents of Local Broadband Plan.--A local broadband 
     plan shall--
       (1) be developed in coordination with stakeholder 
     representatives; and
       (2) with respect to support for infrastructure funding--
       (A) reflect an approach that is performance-based and does 
     not favor any particular technology, provider, or type of 
     provider; and
       (B) include--
       (i) a description of the demographic profile of each 
     applicable eligible community;
       (ii) an assessment of the needs of each applicable eligible 
     community, including with respect to digital literacy, 
     workforce development, and device access needs;
       (iii) a summary of current (as of the date of the most 
     current data published by the Federal Communications 
     Commission) service providers operating in each applicable 
     eligible community and the broadband offerings and related 
     services in each applicable eligible community;
       (iv) an estimate of capital and operational expenditures 
     for the course of action recommended in the local broadband 
     plan;
       (v) a preliminary implementation schedule for the 
     deployment of broadband required under the local broadband 
     plan; and
       (vi) a summary of the potential employment, development, 
     and revenue creation opportunities for the eligible community 
     anchor institution and each applicable eligible community.
       (e) Application.--
       (1) In general.--To be eligible to receive funding under 
     the program, an eligible applicant shall submit to the Under 
     Secretary, acting through the head of the Office of Minority 
     Broadband Initiatives, an application containing--
       (A) the name and mailing address of the eligible applicant;
       (B) the name and email address of the point of contact for 
     the eligible applicant;
       (C) documentation providing evidence that the applicant is 
     an eligible applicant;
       (D) a summary description of the proposed approach that the 
     eligible applicant will take to expand the availability and 
     adoption of broadband;

[[Page S9675]]

       (E) an outline or sample of the proposed local broadband 
     plan with respect to the funds;
       (F) a draft proposal for carrying out the local broadband 
     plan with respect to the funds, describing with specificity 
     how funds will be used;
       (G) a summary of past performance in which the eligible 
     applicant created plans similar to the local broadband plan 
     for communities similar to each applicable eligible 
     community;
       (H) a description of the approach the eligible applicant 
     will take to engage each applicable eligible community and 
     the applicable eligible community anchor institution and 
     report outcomes relating to that engagement;
       (I) a description of how the eligible applicant will meet 
     the short term and long-term goals described in subsection 
     (h)(2)(A); and
       (J) a certification that the applicant is not a recipient 
     of a covered planning grant.
       (2) Deadlines.--The Under Secretary, acting through the 
     head of the Office of Minority Broadband Initiatives, shall 
     publish a notice for the program not later than 60 days after 
     the date of the enactment of this Act.
       (f) Selection Criteria.--When selecting an eligible 
     applicant to receive funding under the grant program, the 
     Under Secretary may give preference or priority to an 
     eligible applicant, the application of which, if awarded, 
     would enable a greater number of eligible communities to be 
     served.
       (g) Report.--
       (1) In general.--Not later than 540 days after the date of 
     the enactment of this Act, the Under Secretary, acting 
     through the head of the Office of Minority Broadband 
     Initiatives, shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report, which the Under Secretary, acting through the head of 
     the Office of Minority Broadband Initiatives, shall make 
     available to the public.
       (2) Contents.--The report described in paragraph (1) shall 
     include, for the period covered by the report--
       (A) the number of eligible applicants that submitted 
     applications under the grant program;
       (B) the number of eligible applicants that received funding 
     under the program;
       (C) a summary of the funding amounts made available to 
     eligible applicants under the program and the list of 
     eligible community anchor institutions the eligible 
     applicants propose to serve;
       (D) the number of eligible communities that ultimately 
     received funding or financing to promote broadband adoption 
     and to deploy broadband in the eligible community under the 
     program;
       (E) information determined necessary by the Under Secretary 
     to measure progress toward the goals described in subsection 
     (h)(2)(A) and assess whether the goals described in such 
     subsection are being met; and
       (F) an identification of each eligible applicant that 
     received funds through the Program and a description of the 
     progress each eligible applicant has made toward 
     accomplishing the purpose of the Program, as described in 
     subsection (c).
       (h) Public Notice; Requirements.--
       (1) Public notice.--Not later than 90 days after the date 
     on which the Under Secretary provides public notice of the 
     program, the Under Secretary, in consultation with the head 
     of the Office of Minority Broadband Initiatives, shall issue 
     the Notice of Funding Opportunity governing the program.
       (2) Requirements.--In the notice required under paragraph 
     (1), the Under Secretary shall--
       (A) establish short-term and long-term goals for eligible 
     applicants that receive funds under the program;
       (B) establish performance metrics by which to evaluate 
     whether an eligible entity has met the goals described in 
     subparagraph (A); and
       (C) identify the selection criteria described in subsection 
     (f) that the Under Secretary will use to award funds under 
     the program if demand for funds under the program exceeds the 
     amount appropriated for carrying out the program.
       (i) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce (referred to in this subsection as the ``Inspector 
     General'') shall conduct an audit of the program in order 
     to--
       (A) ensure that eligible applicants use funds awarded under 
     the program in accordance with--
       (i) the requirements of this title; and
       (ii) the purposes of the program, as described in 
     subsection (c); and
       (B) prevent waste, fraud, abuse, and improper payments.
       (2) Revocation of funds.--The Under Secretary shall revoke 
     funds awarded to an eligible applicant that is not in 
     compliance with the requirements of this section or the 
     purposes of the program, as described in subsection (c).
       (3) Audit findings.--Each finding of waste, fraud, abuse, 
     or an improper payment by the Inspector General in an audit 
     under paragraph (1) shall include the following:
       (A) The name of the eligible applicant.
       (B) The amount of funding made available under the program 
     to the eligible applicant.
       (C) The amount of funding determined to be an improper 
     payment made to an eligible applicant involved in the waste, 
     fraud, abuse, or improper payment.
       (4) Notification of audit findings.--Not later than 7 days 
     after the date of a finding described under paragraph (3), 
     the Inspector General shall concurrently notify the Under 
     Secretary, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives of the information 
     described in that paragraph.
       (5) Fraud risk management.--In issuing rules under this 
     subsection, the Under Secretary shall--
       (A) designate an entity within the program office to lead 
     fraud risk management activities;
       (B) ensure the entity designated under subparagraph (A) has 
     defined responsibilities and the necessary authority to serve 
     its role;
       (C) conduct risk-based monitoring and evaluation of fraud 
     risk management activities with a focus on outcome 
     measurement;
       (D) collect and analyze data from reporting mechanisms and 
     instances of detected fraud for real-time monitoring of fraud 
     trends;
       (E) use the results of the monitoring, evaluations, and 
     investigations to improve fraud prevention, detection, and 
     response;
       (F) plan regular fraud risk assessments and assess risks to 
     determine a fraud risk profile;
       (G) develop, document, and communicate an anti-fraud 
     strategy, focusing on preventative control activities;
       (H) consider the benefits and costs of controls to prevent 
     and detect potential fraud, and develop a fraud response 
     plan; and
       (I) establish collaborative relationships with stakeholders 
     and create incentives to help ensure effective implementation 
     of the anti-fraud strategy described in subparagraph (G).

                         TITLE XII--IMPACT ACT

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Improving Minority 
     Participation And Careers in Telecommunications Act'' or the 
     ``IMPACT Act''.

     SEC. 1202. DEFINITIONS.

       (a) Definitions.--In this title:
       (1) Covered grant.--The term ``covered grant'' means a 
     grant awarded under section 1203.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     historically Black college or university, Tribal College or 
     University, or minority-serving institution, or a consortium 
     of such entities, that forms a partnership with 1 or more of 
     the following entities to carry out a training program:
       (A) A member of the telecommunications industry, such as a 
     company or industry association.
       (B) A labor or labor-management organization with 
     experience working in the telecommunications industry or a 
     similar industry.
       (C) The Telecommunications Industry Registered 
     Apprenticeship Program.
       (D) A nonprofit organization dedicated to helping 
     individuals gain employment in the telecommunications 
     industry.
       (E) A community or technical college with experience in 
     providing workforce development for individuals seeking 
     employment in the telecommunications industry or a similar 
     industry.
       (F) A Federal agency laboratory specializing in 
     telecommunications technology that is located within the 
     National Telecommunications and Information Administration.
       (3) Grant program.--The term ``Grant Program'' means the 
     Telecommunications Workforce Training Grant Program 
     established under section 1203.
       (4) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (5) Hispanic-serving institution.--The term ``Hispanic-
     serving institution'' has the meaning given the term in 
     section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1101a(a)).
       (6) Improper payment.--The term ``improper payment'' has 
     the meaning given such term in section 2(d) of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note).
       (7) Industry field activities.--The term ``industry field 
     activities'' means activities at active telecommunications, 
     cable, and broadband network worksites, such as towers, 
     construction sites, and network management hubs.
       (8) Industry partner.--The term ``industry partner'' means 
     an entity described in subparagraphs (A) through (F) of 
     paragraph (2) with which an eligible entity forms a 
     partnership to carry out a training program.
       (9) Minority-serving institution.--The term ``minority-
     serving institution'' means an institution described in 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       (10) Training program.--The term ``training program'' means 
     a credit or non-credit program developed by an eligible 
     entity, in partnership with an industry partner, that--
       (A) is designed to educate and train students to 
     participate in the telecommunications workforce; and
       (B) includes a curriculum and apprenticeship or internship 
     opportunities that can also be paired with--
       (i) a degree program; or
       (ii) stacked credentialing toward a degree.
       (11) Tribal college or university.--The term ``Tribal 
     College or University'' has the

[[Page S9676]]

     meaning given the term in section 316(b)(3) of the Higher 
     Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
       (12) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Communications and 
     Information.

     SEC. 1203. PROGRAM.

       (a) Program.--The Under Secretary, acting through the 
     Office of Minority Broadband Initiatives established under 
     section 902(b)(1) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260), shall 
     establish a program, to be known as the ``Telecommunications 
     Workforce Training Grant Program'', under which the Under 
     Secretary awards grants to eligible entities to develop 
     training programs.
       (b) Application.--
       (1) In general.--An eligible entity desiring a covered 
     grant shall submit an application to the Under Secretary at 
     such time, in such manner, and containing such information as 
     the Under Secretary may require.
       (2) Contents.--An eligible entity shall include in an 
     application under paragraph (1)--
       (A) a commitment from the industry partner of the eligible 
     entity to collaborate with the eligible entity to develop a 
     training program, including curricula and internships or 
     apprenticeships;
       (B) a description of how the eligible entity plans to use 
     the covered grant, including the type of training program the 
     eligible entity plans to develop;
       (C) a plan for recruitment of students and potential 
     students to participate in the training program;
       (D) a plan to increase female student participation in the 
     training program of the eligible entity;
       (E) a description of potential jobs to be secured through 
     the training program, including jobs in the communities 
     surrounding the eligible entity; and
       (F) a description of how the eligible entity will meet the 
     short-term and long-term goals described in subsection (e)(1) 
     and performance metrics described in such subsection.
       (c) Use of Funds.--An eligible entity may use a covered 
     grant, with respect to the training program of the eligible 
     entity, to--
       (1) hire faculty members to teach courses in the training 
     program;
       (2) train faculty members to prepare students for 
     employment in jobs related to the deployment of next-
     generation wired and wireless communications networks, 
     including 5G networks, hybrid fiber-coaxial networks, and 
     fiber infrastructure, particularly in--
       (A) broadband and wireless network engineering;
       (B) network deployment and maintenance; and
       (C) industry field activities.
       (3) design and develop curricula and other components 
     necessary for degrees, courses, or programs of study, 
     including certificate programs and credentialing programs, 
     that comprise the training program;
       (4) pay for costs associated with instruction under the 
     training program, including the costs of equipment, 
     telecommunications training towers, laboratory space, 
     classroom space, and instructional field activities;
       (5) fund scholarships, student internships, 
     apprenticeships, and pre-apprenticeship opportunities in the 
     areas described in paragraph (2);
       (6) recruit students for the training program; and
       (7) support the enrollment in the training program of 
     individuals working in the telecommunications industry in 
     order to advance professionally in the industry.
       (d) Grant Awards.--
       (1) Deadline.--Not later than 2 years after the date on 
     which amounts are made available, the Under Secretary shall 
     award all covered grants.
       (2) Minimum allocation to certain entities.--The Under 
     Secretary shall award not less than--
       (A) 20 percent of covered grant amounts to historically 
     Black colleges or universities;
       (B) 20 percent of covered grant amounts to Tribal Colleges 
     or Universities; and
       (C) 20 percent of covered grant amounts to Hispanic-serving 
     institutions.
       (3) Evaluation criteria.--As part of the final rules issued 
     under subsection (e), the Under Secretary shall develop 
     criteria for evaluating applications for covered grants.
       (4) Coordination.--The Under Secretary shall ensure that 
     grant amounts awarded under paragraph (2) are coordinated 
     with grant amounts provided under section 902 of division N 
     of the Consolidated Appropriations Act, 2021 (Public Law 116-
     260).
       (5) Construction.--In awarding grants under this section 
     for education relating to construction, the Under Secretary 
     may prioritize applications that partner with registered 
     apprenticeship programs, industry-led apprenticeship programs 
     , pre-apprenticeship programs, other work-based learning 
     opportunities, or public two-year community or technical 
     colleges that have a written agreement with one or more 
     registered apprenticeship programs, industry-led 
     apprenticeship programs, pre-apprenticeship programs, or 
     other work-based learning opportunities.
       (e) Rules.--
       (1) Issuance.--Not later than 180 days after the date of 
     the enactment of this Act, after providing public notice and 
     an opportunity to comment, the Under Secretary, in 
     consultation with the Secretary of Labor and the Secretary of 
     Education, shall issue final rules governing the Grant 
     Program.
       (2) Content of rules.--In the rules required by this 
     subsection, the Under Secretary shall--
       (A) establish short term and long-term goals for eligible 
     entities that receive a covered grant;
       (B) establish performance metrics that demonstrate whether 
     the goals described in paragraph (1) have been met by an 
     eligible entity; and
       (C) identify the steps the Under Secretary will take to 
     award covered grants through the grant program in the event 
     the demand for covered grants exceed the amount appropriated 
     for carrying out the grant program.
       (f) Term.--The Under Secretary shall establish the term of 
     a covered grant, which may not be less than 5 years.
       (g) Grantee Reports.--During the term of a covered grant 
     received by an eligible entity, the eligible entity shall 
     submit to the Under Secretary a semiannual report that, with 
     respect to the preceding 6-month period--
       (1) describes how the eligible entity used the covered 
     grant amounts;
       (2) describes the progress the eligible entity made in 
     developing and executing the training program of the eligible 
     entity;
       (3) describes the number of faculty and students 
     participating in the training program of the eligible entity;
       (4) describes the partnership with the industry partner of 
     the eligible entity, including--
       (A) the commitments and in-kind contributions made by the 
     industry partner; and
       (B) the role of the industry partner in curriculum 
     development, the degree program, and internships and 
     apprenticeships;
       (5) includes data on internship, apprenticeship, and 
     employment opportunities and placements; and
       (6) provides information determined necessary by Under 
     Secretary to--
       (A) measure progress toward the goals established under 
     subsection (e)(2)(A); and
       (B) assess whether the goals are being met.
       (h) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce shall audit the Grant Program in order to--
       (A) ensure that eligible entities use covered grant amounts 
     in accordance with--
       (i) the requirements of this section; and
       (ii) the overall purpose of the Grant Program described in 
     subsection (c); and
       (B) prevent waste, fraud, abuse, and improper payments in 
     the operation of the Grant Program.
       (2) Revocation of funds.--The Under Secretary shall revoke 
     a grant awarded to an eligible entity that is not in 
     compliance with the requirements of this section or the 
     overall purpose of the Grant Program described in subsection 
     (c).
       (3) Audit findings.--Any finding of waste, fraud, abuse, or 
     an improper payment by the Inspector General under paragraph 
     (1) shall identify he following:
       (A) any entity in the eligible entity.
       (B) the amount of funding made available from the grant 
     program to the eligible entity.
       (C) the amount of funding determined to be an improper 
     payment to an eligible entity.
       (4) Notification of audit findings.--Not later than 7 days 
     after making a finding under paragraph (1), the Inspector 
     General shall concurrently notify the Under Secretary, the 
     Committee on Energy and Commerce in the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation in the Senate of such finding with any 
     information identified under paragraph (3).
       (5) Fraud risk management.--The Under Secretary shall--
       (A) designate an entity within the program office to lead 
     fraud risk management activities;
       (B) ensure the entity designated under subparagraph (A) has 
     defined responsibilities and the necessary authority to serve 
     its role;
       (C) conduct risk-based monitoring and evaluation of fraud 
     risk management activities with a focus on outcome 
     measurement;
       (D) collect and analyze data from reporting mechanisms and 
     instances of detected fraud for real-time monitoring of fraud 
     trends;
       (E) use the results of the monitoring, evaluations, and 
     investigations to improve fraud prevention, detection, and 
     response;
       (F) plan regular fraud risk assessments and assess risks to 
     determine a fraud risk profile;
       (G) develop, document, and communicate an antifraud 
     strategy, focusing on preventative control activities;
       (H) consider the benefits and costs of controls to prevent 
     and detect potential fraud, and develop a fraud response 
     plan; and
       (I) establish collaborative relationships with stakeholders 
     and create incentives to help ensure effective implementation 
     of the antifraud strategy.
       (i) Annual Report to Congress.--Each year, until all 
     covered grants have expired, the Under Secretary shall submit 
     to Congress a report that--
       (1) identifies each eligible entity that received a covered 
     grant and the amount of the covered grant;
       (2) describes the progress each eligible entity described 
     in paragraph (1) has made toward accomplishing the overall 
     purpose of the Grant Program described in subsection (c);
       (3) summarizes the job placement status or apprenticeship 
     opportunities of students who have participated in the 
     training program of the eligible entity;

[[Page S9677]]

       (4) includes the findings of any audits conducted by the 
     Inspector General of the Department of Commerce under 
     subsection (h)(1) that were not included in the previous 
     report submitted under this subsection; and
       (5) includes information on--
       (A) the progress of each eligibly entity towards the short-
     term and long-term goals established under subsection (e)(1); 
     and
       (B) the performance of each eligible entity with respect to 
     the performance metrics described in subsection (e)(2).
                                 ______
                                 
  SA 6586. Mr. HEINRICH (for Mr. Boozman) proposed an amendment to the 
bill S. 3519, to amend the National Trails System Act to designate the 
Butterfield Overland National Historic Trail, and for other purposes; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Butterfield Overland 
     National Historic Trail Designation Act''.

     SEC. 2. DESIGNATION OF THE BUTTERFIELD OVERLAND NATIONAL 
                   HISTORIC TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(31) Butterfield overland national historic trail.--
       ``(A) In general.--The Butterfield Overland National 
     Historic Trail, a trail of approximately 3,292 miles 
     following the route operated by the Butterfield Overland Mail 
     Company, known as the `Ox-Bow Route', to transport mail and 
     passengers between the eastern termini of St. Louis, 
     Missouri, and Memphis, Tennessee, and extending westward 
     through the States of Arkansas, Oklahoma, Texas, New Mexico, 
     and Arizona, to the western terminus of San Francisco, 
     California, as generally depicted on the maps numbered 1 
     through 15, entitled `Study Route Maps', and contained in the 
     report prepared by the National Park Service entitled 
     `Butterfield Overland Trail National Historical Trail Special 
     Resource Study' and dated May 2018.
       ``(B) Maps.--The maps described in subparagraph (A) shall 
     be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       ``(C) Administration.--The trail established by 
     subparagraph (A) shall be administered by the Secretary of 
     the Interior.
       ``(D) Land acquisition.--The United States shall not 
     acquire for the trail established by subparagraph (A) any 
     land or interest in land outside of the exterior boundary of 
     any federally administered area without the consent of the 
     owner of the land or interest in land.
       ``(E) No buffer zone created.--
       ``(i) In general.--Nothing in this paragraph, the 
     acquisition of land or an interest in land authorized by this 
     paragraph, or any management plan for the Butterfield 
     Overland National Historic Trail creates a buffer zone 
     outside of the Butterfield Overland National Historic Trail.
       ``(ii) Outside activities.--The fact that an activity or 
     use on land outside the Butterfield Overland National 
     Historic Trail can be seen, heard, or detected from land or 
     an interest in land acquired for the Butterfield Overland 
     National Historic Trail shall not preclude, limit, control, 
     regulate, or determine the conduct or management of the 
     activity or use.
       ``(F) Effect on energy development, production, or 
     transmission.--Nothing in this paragraph, the acquisition of 
     land or an interest in land authorized by this paragraph, or 
     any management plan for the Butterfield Overland National 
     Historic Trail shall prohibit, hinder, or disrupt the 
     development, production, or transmission of energy.
       ``(G) No eminent domain or condemnation.--In carrying out 
     this paragraph, the Secretary of the Interior may not use 
     eminent domain or condemnation.''.
                                 ______
                                 
  SA 6587. Mr. HEINRICH (for Mr. Manchin) proposed an amendment to the 
bill S. 1942, to standardize the designation of National Heritage 
Areas, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Heritage Area 
     Act''.

     SEC. 2. NATIONAL HERITAGE AREA SYSTEM.

       (a) In General.--Subtitle I of title 54, United States 
     Code, is amended by adding at the end the following:

                 ``DIVISION C--NATIONAL HERITAGE AREAS

             ``CHAPTER 1201--NATIONAL HERITAGE AREA SYSTEM

``Sec.
``120101. Definition of National Heritage Area.
``120102. Establishment of National Heritage Area System.
``120103. National Heritage Area studies and designation.
``120104. Evaluation.

     ``Sec. 120101. Definition of National Heritage Area

       ``In this chapter, the term `National Heritage Area' means 
     a component of the National Heritage Area System described in 
     section 120102(b).

     ``Sec. 120102. Establishment of National Heritage Area System

       ``(a) In General.--To recognize certain areas of the United 
     States that tell nationally significant stories and to 
     conserve, enhance, and interpret those nationally significant 
     stories and the natural, historic, scenic, and cultural 
     resources of areas that illustrate significant aspects of the 
     heritage of the United States, there is established a 
     National Heritage Area System through the administration of 
     which the Secretary may provide technical and financial 
     assistance to local coordinating entities to support the 
     establishment, development, and continuity of the National 
     Heritage Areas.
       ``(b) National Heritage Area System Components.--The 
     National Heritage Area System shall be composed of--
       ``(1) each National Heritage Area, National Heritage 
     Corridor, National Heritage Canalway, Cultural Heritage 
     Corridor, National Heritage Route, and National Heritage 
     Partnership designated by Congress before or on the date of 
     enactment of this chapter; and
       ``(2) each National Heritage Area designated by Congress 
     after the date of enactment of this chapter.
       ``(c) Relationship to the System.--
       ``(1) Relationship to system units.--The Secretary shall--
       ``(A) ensure, to the maximum extent practicable, 
     participation and assistance by any administrator of the 
     System unit that is located near or encompassed by a National 
     Heritage Area in local initiatives for the National Heritage 
     Area to conserve and interpret resources consistent with the 
     applicable management plan for the National Heritage Area; 
     and
       ``(B) work with local coordinating entities to promote 
     public enjoyment of System units and System-related 
     resources.
       ``(2) Treatment.--
       ``(A) In general.--A National Heritage Area shall not be--
       ``(i) considered to be a System unit; or
       ``(ii) subject to the authorities applicable to System 
     units.
       ``(B) Effect.--Nothing in this paragraph affects the 
     administration of a System unit located within the boundaries 
     of a National Heritage Area.
       ``(d) Authorities.--In carrying out this chapter, the 
     Secretary may--
       ``(1) conduct or review, as applicable, feasibility studies 
     in accordance with section 120103(a);
       ``(2) conduct an evaluation of the accomplishments of, and 
     submit to Congress a report that includes recommendations 
     regarding the role of the Service with respect to, each 
     National Heritage Area, in accordance with section 120104;
       ``(3) enter into cooperative agreements with other Federal 
     agencies, States, Tribal governments, local governments, 
     local coordinating entities, and other interested individuals 
     and entities to achieve the purposes of the National Heritage 
     Area System;
       ``(4) provide information, promote understanding, and 
     encourage research regarding National Heritage Areas, in 
     partnership with local coordinating entities; and
       ``(5) provide national oversight, analysis, coordination, 
     technical and financial assistance, and support to ensure 
     consistency and accountability of the National Heritage Area 
     System.

     ``Sec. 120103. National Heritage Area studies and designation

       ``(a) Studies.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary may carry out or review a study 
     to assess the suitability and feasibility of each proposed 
     National Heritage Area for designation as a National Heritage 
     Area.
       ``(2) Preparation.--
       ``(A) In general.--A study under paragraph (1) may be 
     carried out--
       ``(i) by the Secretary, in consultation with State and 
     local historic preservation officers, State and local 
     historical societies, State and local tourism offices, and 
     other appropriate organizations and governmental agencies; or
       ``(ii) by interested individuals or entities, if the 
     Secretary certifies that the completed study meets the 
     requirements of paragraph (3).
       ``(B) Certification.--Not later than 1 year after receiving 
     a study carried out by interested individuals or entities 
     under subparagraph (A)(ii), the Secretary shall review and 
     certify whether the study meets the requirements of paragraph 
     (3).
       ``(3) Requirements.--A study under paragraph (1) shall 
     include analysis, documentation, and determinations on 
     whether the proposed National Heritage Area--
       ``(A) has an assemblage of natural, historic, and cultural 
     resources that--
       ``(i) represent distinctive aspects of the heritage of the 
     United States;
       ``(ii) are worthy of recognition, conservation, 
     interpretation, and continuing use; and
       ``(iii) would be best managed--

       ``(I) through partnerships among public and private 
     entities; and
       ``(II) by linking diverse and sometimes noncontiguous 
     resources and active communities;

       ``(B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the story of the United States;
       ``(C) provides outstanding opportunities--
       ``(i) to conserve natural, historic, cultural, or scenic 
     features; and
       ``(ii) for recreation and education;

[[Page S9678]]

       ``(D) contains resources that--
       ``(i) are important to any identified themes of the 
     proposed National Heritage Area; and
       ``(ii) retain a degree of integrity capable of supporting 
     interpretation;
       ``(E) includes a diverse group of residents, business 
     interests, nonprofit organizations, and State and local 
     governments that--
       ``(i) are involved in the planning of the proposed National 
     Heritage Area;
       ``(ii) have developed a conceptual financial plan that 
     outlines the roles of all participants in the proposed 
     National Heritage Area, including the Federal Government; and
       ``(iii) have demonstrated significant support for the 
     designation of the proposed National Heritage Area;
       ``(F) has a potential management entity to work in 
     partnership with the individuals and entities described in 
     subparagraph (E) to develop the proposed National Heritage 
     Area while encouraging State and local economic activity; and
       ``(G) has a conceptual boundary map that is supported by 
     the public.
       ``(4) Report.--
       ``(A) In general.--For each study carried out under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes--
       ``(i) any correspondence received by the Secretary 
     demonstrating support for, or opposition to, the 
     establishment of the National Heritage Area;
       ``(ii) the findings of the study; and
       ``(iii) any conclusions and recommendations of the 
     Secretary.
       ``(B) Timing.--
       ``(i) Studies carried out by the secretary.--With respect 
     to a study carried out by the Secretary in accordance with 
     paragraph (2)(A)(i), the Secretary shall submit a report 
     under subparagraph (A) not later than 3 years after the date 
     on which funds are first made available to carry out the 
     study.
       ``(ii) Studies carried out by other interested parties.--
     With respect to a study carried out by interested individuals 
     or entities in accordance with paragraph (2)(A)(ii), the 
     Secretary shall submit a report under subparagraph (A) not 
     later than 180 days after the date on which the Secretary 
     certifies under paragraph (2)(B) that the study meets the 
     requirements of paragraph (3).
       ``(b) Designation.--An area shall be designated as a 
     National Heritage Area only by an Act of Congress.

     ``Sec. 120104. Evaluation

       ``(a) In General.--At reasonable and appropriate intervals, 
     as determined by the Secretary, the Secretary may--
       ``(1) conduct an evaluation of the accomplishments of a 
     National Heritage Area in accordance with subsection (b); and
       ``(2) prepare and submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that 
     includes recommendations for the continued role of the 
     Service with respect to each National Heritage Area in 
     accordance with subsection (c).
       ``(b) Components.--An evaluation under subsection (a)(1) 
     shall--
       ``(1) assess the progress of the applicable local 
     coordinating entity of a National Heritage Area with respect 
     to--
       ``(A) accomplishing the purposes of the applicable National 
     Heritage Area; and
       ``(B) achieving the goals and objectives of the management 
     plan;
       ``(2) analyze Federal, State, local, Tribal government, and 
     private investments in the National Heritage Area to 
     determine the leverage and impact of the investments; and
       ``(3) review the management structure, partnership 
     relationships, and funding of the National Heritage Area for 
     purposes of identifying the critical components for 
     sustainability of the National Heritage Area.
       ``(c) Recommendations.--Each report under subsection (a)(2) 
     shall include--
       ``(1) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be continued, an analysis of--
       ``(A) any means by which that Federal funding may be 
     reduced or eliminated over time; and
       ``(B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination of Federal funding; or
       ``(2) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be eliminated, a description of 
     potential impacts on conservation, interpretation, and 
     sustainability in the applicable National Heritage Area.''.
       (b) Private Property and Regulatory Protections.--
       (1) In general.--Nothing in this section (including an 
     amendment made by this section)--
       (A) abridges any right of a public or private property 
     owner, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within a 
     National Heritage Area;
       (B) requires any property owner to permit public access 
     (including Federal, State, Tribal government, or local 
     government access) to a property;
       (C) modifies any provision of Federal, State, Tribal, or 
     local law with respect to public access or use of private 
     land;
       (D)(i) alters any applicable land use regulation, land use 
     plan, or other regulatory authority of any Federal, State, or 
     local agency or Tribal government; or
       (ii) conveys to any local coordinating entity any land use 
     or other regulatory authority;
       (E) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (F) diminishes the authority of a State to manage fish and 
     wildlife, including through the regulation of fishing and 
     hunting within a National Heritage Area in the State; or
       (G) creates or affects any liability--
       (i) under any other provision of law; or
       (ii) of any private property owner with respect to any 
     person injured on private property.
       (2) Conforming amendment.--Section 8004(f) of the Omnibus 
     Public Land Management Act of 2009 (54 U.S.C. 320101 note; 
     Public Law 111-11; 123 Stat. 1245) is amended by striking 
     paragraphs (2) through (4) and inserting the following:
       ``(2) requires any property owner to permit public access 
     (including Federal, State, Tribal government, or local 
     government access) to a property;
       ``(3) modifies any provision of Federal, State, Tribal, or 
     local law with respect to public access or use of private 
     land;
       ``(4)(A) alters any applicable land use regulation, land 
     use plan, or other regulatory authority of any Federal, 
     State, or local agency or Tribal government; or
       ``(B) conveys to any local coordinating entity any land use 
     or other regulatory authority;''.
       (c) Conforming Amendment.--Section 3052(a) of Public Law 
     113-291 (54 U.S.C. 320101 note) is amended by striking 
     paragraph (2).
       (d) Clerical Amendment.--The analysis for subtitle I of 
     title 54, United States Code, is amended by adding at the end 
     the following:

                 ``DIVISION C--NATIONAL HERITAGE AREAS

``1201. National Heritage Area System........................120101''.

     SEC. 3. AUTHORIZATION OF CERTAIN NATIONAL HERITAGE AREA 
                   STUDIES.

       (a) Kaena Point National Heritage Area Study.--The 
     Secretary of the Interior (referred to in this section as the 
     ``Secretary''), in consultation with State of Hawaii and 
     local historic preservation officers, State and local 
     historical societies, State and local tourism offices, and 
     other appropriate organizations and governmental agencies and 
     in accordance with section 120103(a) of title 54, United 
     States Code, shall conduct a study to assess the suitability 
     and feasibility of designating all or a portion of Honolulu 
     County on the island of Oahu as a National Heritage Area, to 
     be known as the ``Kaena Point National Heritage Area''.
       (b) Great Dismal Swamp National Heritage Area Study.--
       (1) In general.--The Secretary, in consultation with State 
     and local organizations and governmental agencies, Tribal 
     governments, nonprofit organizations, and other appropriate 
     entities and in accordance with section 120103(a) of title 
     54, United States Code, shall conduct a study to assess the 
     suitability and feasibility of designating the areas 
     described in paragraph (2) in the States of Virginia and 
     North Carolina as a National Heritage Area, to be known as 
     the ``Great Dismal Swamp National Heritage Area''.
       (2) Description of study area.--The areas to be studied 
     under paragraph (1) include--
       (A) the cities of Chesapeake, Norfolk, Portsmouth, and 
     Suffolk in the State of Virginia;
       (B) Isle of Wight County in the State of Virginia;
       (C) Camden, Currituck, Gates, and Pasquotank Counties in 
     the State of North Carolina; and
       (D) any other area in the State of Virginia or North 
     Carolina that--
       (i) has heritage aspects that are similar to the heritage 
     aspects of an area described in subparagraph (A), (B), or 
     (C); and
       (ii) is adjacent to, or in the vicinity of, an area 
     described in subparagraph (A), (B), or (C).
       (c) Guam National Heritage Area Study.--The Secretary, in 
     consultation with appropriate regional and local 
     organizations or agencies, and in accordance with section 
     120103(a) of title 54, United States Code, shall conduct a 
     study to assess the suitability and feasibility of 
     designating sites in Guam as a National Heritage Area.

     SEC. 4. NATIONAL HERITAGE AREA DESIGNATIONS.

       (a) Designations.--Section 6001(a) of the John D. Dingell, 
     Jr. Conservation, Management, and Recreation Act (Public Law 
     116-9; 133 Stat. 768) is amended by adding at the end the 
     following:
       ``(7) Alabama black belt national heritage area.--
       ``(A) In general.--There is established the Alabama Black 
     Belt National Heritage Area in the State of Alabama, as 
     depicted on the map entitled `Alabama Black Belt Proposed 
     National Heritage Area', numbered 258/177,272, and dated 
     September 2021.
       ``(B) Local coordinating entity.--The Center for the Study 
     of the Black Belt at the University of West Alabama shall be 
     the local coordinating entity for the National Heritage Area 
     designated by subparagraph (A).
       ``(8) Bronzeville-black metropolis national heritage area, 
     illinois.--
       ``(A) In general.--There is established the Bronzeville-
     Black Metropolis National Heritage Area in the State of 
     Illinois.

[[Page S9679]]

       ``(B) Boundaries.--The National Heritage Area shall consist 
     of the region in the city of Chicago, Illinois, bounded as 
     follows:
       ``(i) 18th Street on the north to 22nd Street on the south, 
     from Lake Michigan on the east to Wentworth Avenue on the 
     west.
       ``(ii) 22nd Street on the north to 35th Street on the 
     south, from Lake Michigan on the east to the Dan Ryan 
     Expressway on the west.
       ``(iii) 35th Street on the north to 47th Street on the 
     south, from Lake Michigan on the east to the B&O Railroad 
     (Stewart Avenue) on the west.
       ``(iv) 47th Street on the north to 55th Street on the 
     south, from Cottage Grove Avenue on the east to the Dan Ryan 
     Expressway on the west.
       ``(v) 55th Street on the north to 67th Street on the south, 
     from State Street on the west to Cottage Grove Avenue/ South 
     Chicago Avenue on the east.
       ``(vi) 67th Street on the North to 71st Street on the 
     South, from Cottage Grove Avenue/ South Chicago Avenue on the 
     west to the Metra Railroad tracks on the east.
       ``(C) Local coordinating entity.--The Black Metropolis 
     National Heritage Area Commission shall be the local 
     coordinating entity for the National Heritage Area designated 
     by subparagraph (A).
       ``(9) Downeast maine national heritage area.--
       ``(A) In general.--There is established the Downeast Maine 
     National Heritage Area in the State of Maine, consisting of 
     Hancock and Washington Counties, Maine.
       ``(B) Local coordinating entity.--The Sunrise County 
     Economic Council shall be the local coordinating entity for 
     the National Heritage Area designated by subparagraph (A).
       ``(10) Northern neck national heritage area, virginia.--
       ``(A) In general.--There is established the Northern Neck 
     National Heritage Area in the State of Virginia, as depicted 
     on the map entitled `Northern Neck National Heritage Area 
     Proposed Boundary', numbered 671/177,224, and dated August 
     2021.
       ``(B) Local coordinating entity.--The Northern Neck Tourism 
     Commission, a working committee of the Northern Neck Planning 
     District Commission, shall serve as the local coordinating 
     entity for the National Heritage Area designated by 
     subparagraph (A).
       ``(11) St. croix national heritage area, u.s. virgin 
     islands.--
       ``(A) In general.--There is established on the island of 
     St. Croix, U.S. Virgin Islands, the St. Croix National 
     Heritage Area, consisting of the entire island of St. Croix.
       ``(B) Local coordinating entity.--The Virgin Islands State 
     Historic Preservation Office shall be the local coordinating 
     entity for the National Heritage Area designated by 
     subparagraph (A).
       ``(12) Southern campaign of the revolution national 
     heritage corridor, north carolina and south carolina.--
       ``(A) In general.--There is established the Southern 
     Campaign of the Revolution National Heritage Corridor in the 
     States of North Carolina and South Carolina, as depicted on 
     the map entitled `Southern Campaign of the Revolution 
     Proposed National Heritage Corridor', numbered 257/177,271, 
     and dated September 2021.
       ``(B) Local coordinating entity.--The University of South 
     Carolina shall be the local coordinating entity for the 
     National Heritage Area designated by subparagraph (A).
       ``(13) Southern maryland national heritage area.--
       ``(A) In general.--There is established the Southern 
     Maryland National Heritage Area in the State of Maryland, as 
     depicted on the map entitled `Southern Maryland National 
     Heritage Area Proposed Boundary', numbered 672/177,225B, and 
     dated November 2021.
       ``(B) Local coordinating entity.--The Tri-County Council 
     for Southern Maryland shall be the local coordinating entity 
     for the National Heritage Area designated by subparagraph 
     (A).''.
       (b) Management Plans.--For the purposes of section 6001(c) 
     of the John D. Dingell, Jr. Conservation, Management, and 
     Recreation Act (Public Law 116-9; 133 Stat. 772), the local 
     coordinating entity for each of the National Heritage Areas 
     designated under the amendment made by subsection (a) shall 
     submit to the Secretary for approval a proposed management 
     plan for the applicable National Heritage Area not later than 
     3 years after the date of enactment of this Act.
       (c) Termination of Authority.--For the purposes of section 
     6001(g)(4) of the John D. Dingell, Jr. Conservation, 
     Management, and Recreation Act (Public Law 116-9; 133 Stat. 
     776), the authority of the Secretary to provide assistance 
     under that section for each of the National Heritage Areas 
     designated under the amendment made by subsection (a) shall 
     terminate on the date that is 15 years after the date of 
     enactment of this Act.

     SEC. 5. EXTENSION OF CERTAIN NATIONAL HERITAGE AREA 
                   AUTHORITIES.

       (a) Extensions.--
       (1) Illinois and michigan canal national heritage 
     corridor.--Section 126 of the Illinois and Michigan Canal 
     National Heritage Corridor Act of 1984 (54 U.S.C. 320101 
     note; Public Law 98-398; 98 Stat. 1456; 120 Stat. 1853), as 
     amended by section 119(a) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``September 30, 2037''.
       (2) John h. chafee blackstone river valley national 
     heritage corridor.--Section 10(a) of Public Law 99-647 (54 
     U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 
     3804), as amended by section 119(b) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (3) Delaware and lehigh national heritage corridor.--
     Section 12 of the Delaware and Lehigh Navigation Canal 
     National Heritage Corridor Act of 1988 (54 U.S.C. 320101 
     note; Public Law 100-692; 102 Stat. 4558; 112 Stat. 3260; 123 
     Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), as 
     amended by section 119(c) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended--
       (A) in subsection (c)(1), by striking ``2023'' and 
     inserting ``2037''; and
       (B) in subsection (d), by striking ``2023'' and inserting 
     ``2037''.
       (4) The last green valley national heritage corridor.--
     Section 106(b) of the Quinebaug and Shetucket Rivers Valley 
     National Heritage Corridor Act of 1994 (54 U.S.C. 320101 
     note; Public Law 103-449; 108 Stat. 4755; 113 Stat. 1728; 123 
     Stat. 1291; 128 Stat. 3802), as amended by section 119(d) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (5) National coal heritage area.--Section 107 of the 
     National Coal Heritage Area Act of 1996 (54 U.S.C. 320101 
     note; Public Law 104-333; 110 Stat. 4244; 127 Stat. 420; 128 
     Stat. 314; 128 Stat. 3801), as amended by section 119(e)(1) 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (6) Tennessee civil war heritage area.--Section 208 of 
     division II of the Omnibus Parks and Public Lands Management 
     Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 
     Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 
     Stat. 661; 133 Stat. 778), as amended by section 119(e)(9) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (7) Augusta canal national heritage corridor.--Section 310 
     of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 
     Stat. 2551; 132 Stat. 661; 133 Stat. 778), as amended by 
     section 119(e)(7) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (8) Rivers of steel national heritage area.--Section 408 of 
     the Steel Industry American Heritage Area Act of 1996 (54 
     U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4256; 127 
     Stat. 420; 128 Stat. 314; 128 Stat. 3801), as amended by 
     section 119(e)(2) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (9) Essex national heritage area.--Section 507 of division 
     II of the Omnibus Parks and Public Lands Management Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), as 
     amended by section 119(e)(3) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (10) South carolina national heritage corridor.--Section 
     607 of the South Carolina National Heritage Corridor Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 
     661; 133 Stat. 778), as amended by section 119(e)(8) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (11) America's agricultural heritage partnership.--Section 
     707 of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 
     Stat. 3801), as amended by section 119(e)(4) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (12) Ohio & erie national heritage canalway.--Section 809 
     of the Ohio & Erie Canal National Heritage Corridor Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 
     3801), as amended by section 119(e)(5) of the Department of 
     the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (13) Maurice d. hinchey hudson river valley national 
     heritage area.--Section 910 of division II of Public Law 104-
     333 (54 U.S.C. 320101 note; 110 Stat. 4281; 127 Stat. 420; 
     128 Stat. 314; 128 Stat. 3801), as amended by section 
     119(e)(6) of the Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2022 (Public Law 117-
     103), is amended by striking ``2023'' and inserting ``2037''.
       (14) Motorcities national heritage area.--Section 109 of 
     the Automobile National Heritage Area Act (54 U.S.C. 320101

[[Page S9680]]

     note; Public Law 105-355; 112 Stat. 3252; 128 Stat. 3802), as 
     amended by section 119(f) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (15) Lackawanna valley national heritage area.--Section 108 
     of the Lackawanna Valley National Heritage Area Act of 2000 
     (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 818; 
     127 Stat. 420; 128 Stat. 314; 128 Stat. 3802), as amended by 
     section 119(g)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (16) Schuylkill river valley national heritage area.--
     Section 209 of the Schuylkill River Valley Heritage Area Act 
     (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 824; 
     128 Stat. 3802), as amended by section 119(g)(2) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (17) Wheeling national heritage area.--Subsection (i) of 
     the Wheeling National Heritage Area Act of 2000 (54 U.S.C. 
     320101 note; Public Law 106-291; 114 Stat. 967; 128 Stat. 
     3802), as amended by section 119(h) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (18) Yuma crossing national heritage area.--Section 7 of 
     the Yuma Crossing National Heritage Area Act of 2000 (54 
     U.S.C. 320101 note; Public Law 106-319; 114 Stat. 1284; 128 
     Stat. 3802), as amended by section 119(i) of the Department 
     of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (19) Erie canalway national heritage corridor.--Section 811 
     of the Erie Canalway National Heritage Corridor Act (54 
     U.S.C. 320101 note; Public Law 106-554; 114 Stat. 2763A-295; 
     128 Stat. 3802), as amended by section 119(j) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (20) Blue ridge national heritage area.--Subsection (j) of 
     the Blue Ridge National Heritage Area Act of 2003 (54 U.S.C. 
     320101 note; Public Law 108-108; 117 Stat. 1280; 133 Stat. 
     778), as amended by section 119(k) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (21) National aviation heritage area.--Section 512 of the 
     National Aviation Heritage Area Act (54 U.S.C. 320101 note; 
     Public Law 108-447; 118 Stat. 3367; 133 Stat. 2713) is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2037''.
       (22) Oil region national heritage area.--Section 608 of the 
     Oil Region National Heritage Area Act (54 U.S.C. 320101 note; 
     Public Law 108-447; 118 Stat. 3372; 133 Stat. 2713) is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2037''.
       (23) Northern rio grande national heritage area.--Section 
     208 of the Northern Rio Grande National Heritage Area Act (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1790), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (24) Atchafalaya national heritage area.--Section 221 of 
     the Atchafalaya National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1795), as amended by 
     section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (25) Arabia mountain national heritage area.--Section 240 
     of the Arabia Mountain National Heritage Area Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1799), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (26) Mormon pioneer national heritage area.--Section 260 of 
     the Mormon Pioneer National Heritage Area Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1807), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (27) Freedom's frontier national heritage area.--Section 
     269 of the Freedom's Frontier National Heritage Area Act (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1813), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (28) Upper housatonic valley national heritage area.--
     Section 280B of the Upper Housatonic Valley National Heritage 
     Area Act (54 U.S.C. 320101 note; Public Law 109-338; 120 
     Stat. 1819), as amended by section 119(l)(2) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``September 30, 2023'' and inserting ``September 30, 
     2037''.
       (29) Champlain valley national heritage partnership.--
     Section 289 of the Champlain Valley National Heritage 
     Partnership Act of 2006 (54 U.S.C. 320101 note; Public Law 
     109-338; 120 Stat. 1824), as amended by section 119(l)(1) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``September 30, 2023'' and inserting 
     ``September 30, 2037''.
       (30) Great basin national heritage route.--Section 291J of 
     the Great Basin National Heritage Route Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1831), as amended by 
     section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (31) Gullah/Geechee cultural heritage corridor.--Section 
     295L of the Gullah/Geechee Cultural Heritage Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1837), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (32) Crossroads of the american revolution national 
     heritage area.--Section 297H of the Crossroads of the 
     American Revolution National Heritage Area Act of 2006 (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1844), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (33) Abraham lincoln national heritage area.--Section 451 
     of the Consolidated Natural Resources Act of 2008 (54 U.S.C. 
     320101 note; Public Law 110-229; 122 Stat. 824) is amended by 
     striking ``the date that is 15 years after the date of the 
     enactment of this subtitle'' and inserting ``September 30, 
     2037''.
       (34) Journey through hallowed ground national heritage 
     area.--Section 411 of the Consolidated Natural Resources Act 
     of 2008 (54 U.S.C. 320101 note; Public Law 110-229; 122 Stat. 
     809) is amended by striking ``the date that is 15 years after 
     the date of enactment of this subtitle'' and inserting 
     ``September 30, 2037''.
       (35) Niagara falls national heritage area.--Section 432 of 
     the Consolidated Natural Resources Act of 2008 (54 U.S.C. 
     320101 note; Public Law 110-229; 122 Stat. 818) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (36) Sangre de cristo national heritage area.--Section 
     8001(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1229) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (37) Cache la poudre river national heritage area.--Section 
     8002(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1234) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (38) South park national heritage area.--Section 8003(i) of 
     the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1240) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (39) Northern plains national heritage area.--Section 
     8004(j) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247; 123 
     Stat. 2929) is amended by striking ``the date that is 15 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2037''.
       (40) Baltimore national heritage area.--
       (A) Extension.--Section 8005(i) of the Omnibus Public Land 
     Management Act of 2009 (54 U.S.C. 320101 note; Public Law 
     111-11; 123 Stat. 1253) is amended by striking ``the date 
     that is 15 years after the date of enactment of this Act'' 
     and inserting ``September 30, 2037''.
       (B) Boundary modification.--
       (i) Map.--Section 8005(a)(4) of the Omnibus Public Land 
     Management Act of 2009 (54 U.S.C. 320101 note; Public Law 
     111-11; 123 Stat. 1247) is amended by striking ``entitled'' 
     and all that follows through the period at the end and 
     inserting ``entitled `Baltimore National Heritage Area 
     Proposed Boundary', numbered T10/179,623, and dated February 
     2022.''.
       (ii) Boundaries.--Section 8005(b)(2) of the Omnibus Public 
     Land Management Act of 2009 (54 U.S.C. 320101 note; Public 
     Law 111-11; 123 Stat. 1247) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) The area encompassing the Baltimore City Heritage 
     Area certified by the Maryland Heritage Areas Authority in 
     July 2020.''.
       (41) Freedom's way national heritage area.--Section 8006(i) 
     of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1260) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (42) Mississippi hills national heritage area.--Section 
     8007(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C.

[[Page S9681]]

     320101 note; Public Law 111-11; 123 Stat. 1267) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (43) Mississippi delta national heritage area.--Section 
     8008(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1275) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (44) Muscle shoals national heritage area.--Section 8009(j) 
     of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1282) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (45) Kenai mountains-turnagain arm national heritage 
     area.--Section 8010(i) of the Omnibus Public Land Management 
     Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 
     Stat. 1288) is amended by striking ``the date that is 15 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2037''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for each National Heritage Area extended 
     under an amendment made by paragraphs (1) through (45) of 
     subsection (a) not more than $1,000,000 for each of fiscal 
     years 2023 through 2037, subject to any other applicable 
     provisions of, but notwithstanding any limitation on total 
     appropriations for the applicable National Heritage Area 
     established by, a law amended by that subsection.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATIONAL 
                   HERITAGE AREAS.

       (a) Rivers of Steel National Heritage Area.--Section 409(a) 
     of the Steel Industry American Heritage Area Act of 1996 (54 
     U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4256; 129 
     Stat. 2551; 133 Stat. 778) is amended, in the second 
     sentence, by striking ``$20,000,000'' and inserting 
     ``$22,000,000''.
       (b) Essex National Heritage Area.--Section 508(a) of 
     division II of the Omnibus Parks and Public Lands Management 
     Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 
     Stat. 4260; 129 Stat. 2551; 133 Stat. 778) is amended, in the 
     second sentence, by striking ``$20,000,000'' and inserting 
     ``$22,000,000''.
       (c) South Carolina National Heritage Corridor.--Section 
     608(a) of the South Carolina National Heritage Corridor Act 
     of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4264; 122 Stat. 824; 133 Stat. 2714) is amended, in the 
     second sentence, by striking ``$17,000,000'' and inserting 
     ``$19,000,000''.
       (d) America's Agricultural Heritage Partnership.--Section 
     708(a) of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is 
     amended, in the second sentence, by striking ``$17,000,000'' 
     and inserting ``$19,000,000''.
       (e) Ohio & Erie National Heritage Canalway.--Section 810(a) 
     of the Ohio & Erie Canal National Heritage Corridor Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4275; 122 Stat. 826; 133 Stat. 778) is amended by striking 
     ``$20,000,000'' and inserting ``$22,000,000''.
       (f) Maurice D. Hinchey Hudson River Valley National 
     Heritage Area.--Section 909(c) of division II of Public Law 
     104-333 (54 U.S.C. 320101 note; 110 Stat. 4280; 122 Stat. 
     824) is amended, in the matter preceding paragraph (1), by 
     striking ``$15,000,000'' and inserting ``$17,000,000''.
       (g) MotorCities National Heritage Area.--Section 110(a) of 
     the Automobile National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 105-355; 112 Stat. 3252; 133 Stat. 778) is 
     amended, in the second sentence, by striking ``$12,000,000'' 
     and inserting ``$14,000,000''.
       (h) Wheeling National Heritage Area.--Subsection (h)(1) of 
     the Wheeling National Heritage Area Act of 2000 (54 U.S.C. 
     320101 note; Public Law 106-291; 114 Stat. 967; 133 Stat. 
     778) is amended by striking ``$15,000,000'' and inserting 
     ``$17,000,000''.
       (i) The Last Green Valley National Heritage Corridor.--
     Section 109(a) of the Quinebaug and Shetucket Rivers Valley 
     National Heritage Corridor Act of 1994 (54 U.S.C. 320101 
     note; Public Law 103-449; 108 Stat. 4756; 113 Stat. 1729; 123 
     Stat. 1292; 133 Stat. 2714) is amended, in the first 
     sentence, by striking ``$17,000,000'' and inserting 
     ``$19,000,000''.
       (j) Lackawanna Valley National Heritage Area.--Section 
     109(a) of the Lackawanna Valley National Heritage Area Act of 
     2000 (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 
     818; 134 Stat. 1505) is amended by striking ``$12,000,000'' 
     and inserting ``$14,000,000''.
       (k) Blue Ridge National Heritage Area.--Subsection (i)(1) 
     of the Blue Ridge National Heritage Area Act of 2003 (54 
     U.S.C. 320101 note; Public Law 108-108; 117 Stat. 1280; 133 
     Stat. 778) is amended by striking ``$14,000,000'' and 
     inserting ``$16,000,000''.

     SEC. 7. REDESIGNATIONS.

       (a) Silos & Smokestacks National Heritage Area.--
       (1) Redesignation.--The America's Agricultural Heritage 
     Partnership established by section 703(a) of division II of 
     the Omnibus Parks and Public Lands Management Act of 1996 
     (Public Law 104-333; 110 Stat. 4266) shall be known and 
     designated as the ``Silos & Smokestacks National Heritage 
     Area''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     partnership referred to in paragraph (1) shall be deemed to 
     be a reference to the ``Silos & Smokestacks National Heritage 
     Area''.
       (b) Great Basin National Heritage Area.--
       (1) Designation of the great basin national heritage 
     area.--The Great Basin National Heritage Route Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1824) is amended--
       (A) by striking ``the Heritage Route'' each place it 
     appears and inserting ``the Heritage Area'';
       (B) by striking ``along'' each place it appears and 
     inserting ``in'';
       (C) in the subtitle heading, by striking ``Route'' and 
     inserting ``Area'';
       (D) in section 291, by striking ``Route'' and inserting 
     ``Area'';
       (E) in section 291A(a)--
       (i) in paragraphs (2) and (3), by striking ``the Great 
     Basin Heritage Route'' each place it appears and inserting 
     ``the Great Basin National Heritage Area''; and
       (ii) in paragraph (13), by striking ``a Heritage Route'' 
     and inserting ``a Heritage Area'';
       (F) in section 291B, by striking paragraph (2) and 
     inserting the following:
       ``(2) Heritage area.--The term `Heritage Area' means the 
     Great Basin National Heritage Area established by section 
     291C(a).'';
       (G) in section 291C--
       (i) in the section heading, by striking ``route'' and 
     inserting ``area''; and
       (ii) in subsection (a), by striking ``Heritage Route'' and 
     inserting ``Heritage Area''; and
       (H) in section 291L(d), in the subsection heading, by 
     striking ``in Heritage Route'' and inserting ``in Heritage 
     Area''.
       (2) Designation of great basin heritage area partnership.--
     The Great Basin National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1824) is amended by 
     striking ``Great Basin Heritage Route Partnership'' each 
     place it appears and inserting ``Great Basin Heritage Area 
     Partnership''.

     SEC. 8. EXTENSION OF DEADLINE TO COMPLETE CERTAIN MANAGEMENT 
                   PLANS.

       Section 6001(c)(1) of the John D. Dingell, Jr. 
     Conservation, Management, and Recreation Act (54 U.S.C. 
     320101 note; Public Law 116-9; 133 Stat. 772) is amended by 
     striking ``3'' and inserting ``5''.
                                 ______
                                 
  SA 6588. Mr. PADILLA (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill H.R. 2617, to 
amend section 1115 of title 31, United States Code, to amend the 
description of how performance goals are achieved, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place add the following:

   DIVISION--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY, 
            INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``State, Local, Tribal, 
     and Territorial Fiscal Recovery, Infrastructure, and Disaster 
     Relief Flexibility Act''.

     SEC. 102. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR 
                   INFRASTRUCTURE PROJECTS.

       (a) In General.--Title VI of the Social Security Act (42 
     U.S.C. 801 et seq.), as amended by section 40909 of the 
     Infrastructure Investment and Jobs Act, is amended--
       (1) in section 602--
       (A) in subsection (a)(1), by inserting ``(except as 
     provided in subsection (c)(5))'' after ``December 31, 2024''; 
     and
       (B) in subsection (c)--
       (i) in paragraph (1)--
         

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraph (3)'' and inserting ``paragraphs (3), (4), and 
     (5)'';
       (II) by amending subparagraph (C) to read as follows:

       ``(C) for the provision of government services up to an 
     amount equal to the greater of--
       ``(i) the amount of the reduction in revenue of such State, 
     territory, or Tribal government due to the COVID-19 public 
     health emergency relative to revenues collected in the most 
     recent full fiscal year of the State, territory, or Tribal 
     government prior to the emergency; or
       ``(ii) $10,000,000;'';

       (III) in subparagraph (D), by striking the period at the 
     end and inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance for lost wages, or other immediate needs.''; and
       (ii) by adding at the end the following new paragraph:
       ``(5) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Subject to subparagraph (C), 
     notwithstanding any other provision of law, a State, 
     territory, or Tribal government receiving a payment under 
     this section may use funds provided under such payment for 
     projects described in subparagraph (B), including, to the 
     extent consistent with guidance or rules issued by the 
     Secretary or the head of a Federal agency to which the 
     Secretary has delegated authority pursuant to subparagraph 
     (C)(iv)--
       ``(i) in the case of a project eligible under section 117 
     of title 23, United States Code, or

[[Page S9682]]

     section 5309 or 6701 of title 49, United States Code, to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project eligible for credit 
     assistance under the TIFIA program under chapter 6 of title 
     23, United States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 117 of title 23, 
     United States Code.
       ``(ii) A project eligible under section 119 of title 23, 
     United States Code.
       ``(iii) A project eligible under section 124 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(iv) A project eligible under section 133 of title 23, 
     United States Code.
       ``(v) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vi) A project eligible under section 148 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 149 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 151(f) of title 
     23, United States Code, as added by the Infrastructure 
     Investment and Jobs Act.
       ``(ix) A project eligible under section 165 of title 23, 
     United States Code.
       ``(x) A project eligible under section 167 of title 23, 
     United States Code.
       ``(xi) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xii) A project eligible under section 175 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiii) A project eligible under section 176 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiv) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xv) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xvi) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xvii) A project eligible under the program for national 
     infrastructure investments (commonly known as the `Rebuilding 
     American Infrastructure with Sustainability and Equity 
     (RAISE) grant program').
       ``(xviii) A project eligible for credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xix) A project that furthers the completion of a 
     designated route of the Appalachian Development Highway 
     System under section 14501 of title 40, United States Code.
       ``(xx) A project eligible under section 5307 of title 49, 
     United States Code.
       ``(xxi) A project eligible under section 5309 of title 49, 
     United States Code.
       ``(xxii) A project eligible under section 5311 of title 49, 
     United States Code.
       ``(xxiii) A project eligible under section 5337 of title 
     49, United States Code.
       ``(xxiv) A project eligible under section 5339 of title 49, 
     United States Code.
       ``(xxv) A project eligible under section 6703 of title 49, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xxvi) A project eligible under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5301 et 
     seq.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a State, 
     territory, or Tribal government may use from a payment made 
     under this section for uses described in subparagraph (A) 
     shall not exceed the greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) of subparagraph (B).
       ``(iii) Application of requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of subparagraph (B) that relates to broadband 
     infrastructure;
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clauses (i) through (xxvii) of 
     subparagraph (B), as applicable, that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement of 1 or more performance 
     targets of the State established under section 150 of title 
     23, United States Code.
         
       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(v) Supplement, not supplant.--Amounts from a payment 
     made under this section that are used by a State, territory, 
     or Tribal government for uses described in subparagraph (A) 
     shall supplement, and not supplant, other Federal, State, 
     territorial, Tribal, and local government funds (as 
     applicable) otherwise available for such uses.
       ``(D) Reports.--The Secretary, in consultation with the 
     Secretary of Transportation, shall provide periodic reports 
     on the use of funds by States, territories, and Tribal 
     governments under subparagraph (A).
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, territory, or Tribal 
     government shall remain available for obligation for a use 
     described in subparagraph (A) through December 31, 2024, 
     except that no amount of such funds may be expended after 
     September 30, 2026.''; and
       (2) in subsection 603--
       (A) in subsection (a), by inserting ``(except as provided 
     in subsection (c)(6))'' after ``December 31, 2024''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), 
     (4), (5), and (6)'';
       (II) by amending subparagraph (C) to read as follows:

       ``(C) for the provision of government services up to an 
     amount equal to the greater of--
       ``(i) the amount of the reduction in revenue of such 
     metropolitan city, nonentitlement unit of local government, 
     or county due to the COVID-19 public health emergency 
     relative to revenues collected in the most recent full fiscal 
     year of the metropolitan city, nonentitlement unit of local 
     government, or county to the emergency; or
       ``(ii) $10,000,000;'';

       (III) in subparagraph (D), by striking the period at the 
     end and inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance for lost wages, or other immediate needs.''; and
       (ii) by adding at the end the following new paragraph:
       ``(6) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Subject to subparagraph (B), 
     notwithstanding any other provision of law, a metropolitan 
     city, nonentitlement unit of local government, or county 
     receiving a payment under this section may use funds provided 
     under such payment for projects described in subparagraph (B) 
     of section 602(c)(5), including, to the extent consistent 
     with guidance or rules issued by the Secretary or the head of 
     a Federal agency to which the Secretary has delegated 
     authority pursuant to subparagraph (B)(iv)--
       ``(i) in the case of a project eligible under section 117 
     of title 23, United States Code, or section 5309 or 6701 of 
     title 49, United States Code, to satisfy a non-Federal share 
     requirement applicable to such a project; and
       ``(ii) in the case of a project eligible for credit 
     assistance under the TIFIA program under chapter 6 of title 
     23, United States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a metropolitan 
     city, nonentitlement unit of local government, or county may 
     use from a payment made under this section for uses described 
     in subparagraph (A) shall not exceed the greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) of section 602(c)(5)(B).
       ``(iii) Application of requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--
         

[[Page S9683]]

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of section 602(c)(5)(B) that relates to 
     broadband infrastructure; and
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in section 
     602(c)(5)(B).

       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(v) Supplement, not supplant.--Amounts from a payment 
     made under this section that are used by a metropolitan city, 
     nonentitlement unit of local government, or county for uses 
     described in subparagraph (A) shall supplement, and not 
     supplant, other Federal, State, territorial, Tribal, and 
     local government funds (as applicable) otherwise available 
     for such uses.
       ``(C) Reports.--The Secretary, in consultation with the 
     Secretary of Transportation, shall provide periodic reports 
     on the use of funds by metropolitan cities, nonentitlement 
     units of local government, or counties under subparagraph 
     (A).
       ``(D) Availability.--Funds provided under a payment made 
     under this section to a metropolitan city, nonentitlement 
     unit of local government, or county shall remain available 
     for obligation for a use described in subparagraph (A) 
     through December 31, 2024, except that no amount of such 
     funds may be expended after September 30, 2026.''.
       (b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3) 
     of title VI of the Social Security Act (42 U.S.C. 802(c)(3), 
     803(c)(3)) are each amended by striking ``paragraph (17) 
     of''.
       (c) Guidance and Effective Date.--
       (1) Guidance or rule.--Within 60 days of the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Transportation, shall 
     issue guidance or promulgate a rule to carry out the 
     amendments made by this section, including updating reporting 
     requirements on the use of funds under this section.
       (2) Effective date.--The amendments made by this section 
     shall take effect upon the issuance of guidance or the 
     promulgation of a rule described in paragraph (1).
       (d) Department of the Treasury Administrative Expenses.--
       (1) Reduction of funds available for administrative 
     expenses.--Title IV of division A of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended--
       (A) in section 4003(f), by striking ``$100,000,000'' and 
     inserting ``61,000,000''; and
       (B) in section 4112(b), by striking ``$100,000,000'' and 
     inserting ``$67,000,000''.
       (2) Authority.--Notwithstanding any other provision of law, 
     the unobligated balances from amounts made available to the 
     Secretary of the Treasury (referred to in this subsection as 
     the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (3) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for the purpose described in 
     paragraph (4) (subject to the limitation in such paragraph) 
     and for administrative expenses of the Department of the 
     Treasury, except for the Internal Revenue Service, determined 
     by the Secretary to be necessary to respond to the 
     coronavirus emergency, including any expenses necessary to 
     implement any provision of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260);
       (C) the American Rescue Plan Act (Public Law 117-2); or
       (D) title VI of the Social Security Act (42 U.S.C. 801 et 
     seq.).
       (3) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Amounts made available under section 4027(a) of the 
     Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 
     9061(a)) to pay costs and administrative expenses under 
     section 4003(f) of such Act (15 U.S.C. 9042(f))) and amounts 
     made available by section 4120(a) of the Coronavirus Aid, 
     Relief, and Economic Security Act (15 U.S.C. 9080) to pay 
     costs and administrative expenses under section 4112(b) of 
     such Act (15 U.S.C. 9072(b)) (after application of the 
     amendments made by paragraph (1) of this subsection).
       (B) Section 421(f)(2) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (D) Section 602(a)(2) of the Social Security Act (42 U.S.C. 
     802(a)(2)).
       (4) Payments to eligible revenue sharing consolidated 
     governments.--Of amounts made available under paragraph (2), 
     up to $10,600,000 shall be available to the Secretary (in 
     addition to any other appropriations provided for such 
     purpose) for making payments to eligible revenue sharing 
     consolidated governments under subsection (g) of section 605 
     of the Social Security Act (42 U.S.C. 805), as added by 
     section 103 of this Act.

     SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING 
                   CONSOLIDATED GOVERNMENTS FROM LOCAL ASSISTANCE 
                   AND TRIBAL CONSISTENCY FUND.

       (a) In General.--Section 605 of the Social Security Act (42 
     U.S.C. 805) is amended by adding at the end the following new 
     subsection:
       ``(g) Payments to Eligible Revenue Sharing Consolidated 
     Governments.--
       ``(1) Payments to eligible revenue sharing consolidated 
     governments for fiscal years 2023 and 2024.--The Secretary 
     shall allocate and pay to each eligible revenue sharing 
     consolidated government for each of fiscal years 2023 and 
     2024 an amount equal to the amount that the Secretary would 
     have allocated to such eligible revenue sharing consolidated 
     government for fiscal year 2022 if all eligible revenue 
     sharing consolidated governments had been treated as eligible 
     revenue sharing counties for purposes of being eligible for 
     payments under subsection (b)(1) for such fiscal year using 
     the allocation methodology adopted by the Department of the 
     Treasury for such eligible revenue sharing counties as of the 
     date of enactment of this subsection.
       ``(2) Funding for payments.--
       ``(A) In general.--The Secretary shall make the allocations 
     and payments described in paragraph (1) from the amounts 
     described in subparagraph (B), which shall be available to 
     the Secretary for such purpose notwithstanding any other 
     provision of law.
       ``(B) Amounts described.--The amounts described in this 
     subparagraph are the following:
       ``(i) Any amount allocated to an eligible revenue sharing 
     county under subsection (b)(1) for fiscal year 2022 or 2023 
     that, as of January 31, 2023, has not been requested by such 
     county.
       ``(ii) Amounts made available to the Secretary under 
     section 102(d)(4) of the State, Local, Tribal, and 
     Territorial Fiscal Recovery, Infrastructure, and Disaster 
     Relief Flexibility Act.''.
       (b) Conforming Amendments.--Section 605 of the Social 
     Security Act (42 U.S.C. 805), as amended by subsection (a), 
     is further amended--
       (1) in subsection (a), by inserting ``, subject to 
     subsection (g),'' after ``obligated'';
       (2) in subsection (c), by striking ``or an eligible Tribal 
     government'' and inserting ``, an eligible Tribal government, 
     or an eligible revenue sharing consolidated government'';
       (3) in subsections (d) and (e), by inserting ``or eligible 
     revenue sharing consolidated government'' after ``eligible 
     revenue sharing county'' each place it appears; and
       (4) in subsection (f)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively; and
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following new paragraph:
       ``(1) Eligible revenue sharing consolidated government.--
     The term `eligible revenue sharing consolidated government' 
     means a county, parish, or borough--
       ``(A) that has been classified by the Bureau of the Census 
     as an active government consolidated with another government; 
     and
       ``(B) for which, as determined by the Secretary, there is a 
     negative revenue impact due to implementation of a Federal 
     program or changes to such program.''.

     SEC. 104. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF 
                   FUND PAYMENTS TO TRIBAL GOVERNMENTS.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by inserting ``(or, in the case of 
     costs incurred by a Tribal government, during the period that 
     begins on March 1, 2020, and ends on December 31, 2022)'' 
     before the period.

     SEC. 105. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS 
                   DECLINED BY STATES, TERRITORIES, OR OTHER 
                   GOVERNMENTAL ENTITIES.

       Title VI of the Social Security Act (42 U.S.C. 801 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, 
                   TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.

       ``(a) Rescission.--
       ``(1) In general.--Subject to paragraphs (2) and (3), if a 
     State, territory, or other governmental entity provides 
     notice to the Secretary of the Treasury in the manner 
     provided by the Secretary of the Treasury that the State, 
     territory, or other governmental entity intends to decline 
     all or a portion of the amounts that are to be awarded to the 
     State, territory, or other governmental entity from funds 
     appropriated under this title, an amount equal to the 
     unaccepted amounts or portion of such amounts allocated by 
     the Secretary of the Treasury as of the date of such notice 
     that would have been awarded to the State, territory, or 
     other governmental entity shall be rescinded from the 
     applicable appropriation account.
       ``(2) Exclusion.--Paragraph (1) shall not apply with 
     respect to funds that are to be paid to a State under section 
     603 for distribution to nonentitlement units of local 
     government.
       ``(3) Rules of construction.--Paragraph (1) shall not be 
     construed as--
       ``(A) preventing a sub-State governmental entity, including 
     a nonentitlement unit of local government, from notifying the 
     Secretary of the Treasury that the sub-State governmental 
     entity intends to decline all or a portion of the amounts 
     that a State may distribute to the entity from funds 
     appropriated under this title; or

[[Page S9684]]

       ``(B) allowing a State to prohibit or otherwise prevent a 
     sub-State governmental entity from providing such a notice.
       ``(b) Use for Deficit Reduction.--Amounts rescinded under 
     subsection (a) shall be deposited in the general fund of the 
     Treasury for the sole purpose of deficit reduction.
       ``(c) State or Other Governmental Entity Defined.--In this 
     section, the term `State, territory, or other governmental 
     entity' means any entity to which a payment may be made 
     directly to the entity under this title other than a Tribal 
     government, as defined in sections 601(g), 602(g), and 
     604(d), and an eligible Tribal government, as defined in 
     section 605(f).''.
         
                                 ______
                                 
  SA 6589. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end, add the following:

          DIVISION KK--AFFORDABLE AND SECURE FOOD ACT OF 2022

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Affordable and Secure Food Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

          DIVISION KK--AFFORDABLE AND SECURE FOOD ACT OF 2022

Sec. 1. Short title; table of contents.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.

      Subtitle B--Optional Earned Residence for Long-Term Workers

Sec. 111. Optional adjustment of status for long-term agricultural 
              workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.

                     Subtitle C--General Provisions

Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of social security records; conforming amendments.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. H-2A program requirements.
Sec. 203. Agency roles and responsibilities.
Sec. 204. Worker protection and compliance.
Sec. 205. Report on wage protections.
Sec. 206. Portable H-2A visa pilot program.
Sec. 207. Improving access to permanent residence.

    Subtitle B--Preservation and Construction of Farm Worker Housing

Sec. 220. Short title.
Sec. 221. New farm worker housing.
Sec. 222. Loan and grant limitations.
Sec. 223. Operating assistance subsidies.
Sec. 224. Rental assistance contract authority.
Sec. 225. Eligibility for rural housing vouchers.
Sec. 226. Permanent establishment of housing preservation and 
              revitalization program.
Sec. 227. Amount of voucher assistance.
Sec. 228. Funding for multifamily technical improvements.
Sec. 229. Plan for preserving affordability of rental projects.
Sec. 230. Covered housing programs.
Sec. 231. Eligibility of certified workers.

           Subtitle C--Foreign Labor Recruiter Accountability

Sec. 251. Definitions.
Sec. 252. Registration of foreign labor recruiters.
Sec. 253. Enforcement.
Sec. 254. Authorization of appropriations.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

Sec. 301. Electronic employment eligibility verification system.
Sec. 302. Mandatory electronic verification for the agricultural 
              industry.
Sec. 303. Coordination with E-Verify Program.
Sec. 304. Fraud and misuse of documents.
Sec. 305. Technical and conforming amendments.
Sec. 306. Protection of Social Security Administration programs.
Sec. 307. Report on the implementation of the electronic employment 
              verification system.
Sec. 308. Modernizing and streamlining the employment eligibility 
              verification process.
Sec. 309. Rulemaking; Paperwork Reduction Act.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

     SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.

       (a) Requirements for Certified Agricultural Worker 
     Status.--
       (1) Principal aliens.--The Secretary may grant certified 
     agricultural worker status to an alien who submits a 
     completed application, including the required processing 
     fees, before the end of the period set forth in subsection 
     (c) and who--
       (A) performed agricultural labor or services in the United 
     States for at least 1,035 hours (or 180 work days) during the 
     2-year period preceding the date of the enactment of this 
     Act;
       (B) on the date of the enactment of this Act--
       (i) is inadmissible or deportable from the United States; 
     or
       (ii) is under a grant of deferred enforced departure, has 
     been paroled into the United States, or has temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a);
       (C) subject to section 104, has been continuously present 
     in the United States since the date of the enactment of this 
     Act and until the date on which the alien is granted 
     certified agricultural worker status; and
       (D) is not otherwise ineligible for certified agricultural 
     worker status as provided in subsection (b).
       (2) Dependent spouse and children.--The Secretary may grant 
     certified agricultural dependent status to the spouse or 
     child of an alien granted certified agricultural worker 
     status under paragraph (1) if the spouse or child is not 
     ineligible for certified agricultural dependent status as 
     provided in subsection (b).
       (b) Grounds for Ineligibility.--
       (1) Grounds of inadmissibility.--Except as provided in 
     paragraph (3), an alien is ineligible for certified 
     agricultural worker or certified agricultural dependent 
     status if the Secretary determines that the alien is 
     inadmissible under section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)), except that in 
     determining inadmissibility--
       (A) paragraphs (4), (5), (7), and (9)(B) of such section 
     shall not apply;
       (B) subparagraphs (A), (C), (D), (F), and (G) of such 
     section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such 
     section 212(a) shall not apply unless based on the act of 
     unlawfully entering the United States after the date of the 
     enactment of this Act; and
       (C) paragraphs (6)(B) and (9)(A) of such section 212(a) 
     shall not apply unless the relevant conduct began on or after 
     the date of filing of the application for certified 
     agricultural worker status.
       (2) Additional criminal bars.--Except as provided in 
     paragraph (3), an alien is ineligible for certified 
     agricultural worker status or certified agricultural 
     dependent status if the Secretary determines that (other than 
     any offense under State law for which an essential element is 
     the alien's immigration status, simple possession of cannabis 
     or cannabis-related paraphernalia, any offense involving 
     cannabis or cannabis-related paraphernalia which is no longer 
     prosecutable in the State in which the conviction was 
     entered, any offense involving civil disobedience without 
     violence, and any minor traffic offense) the alien has been 
     convicted of--
       (A) any felony offense;
       (B) an aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) 
     at the time of the conviction);
       (C) 2 misdemeanor offenses involving moral turpitude (as 
     described in section 212(a)(2)(A)(i)(I) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(I))), unless 
     an offense is waived by the Secretary under paragraph (3)(B); 
     or
       (D) 3 or more misdemeanor offenses not occurring on the 
     same date, and not arising out of the same act, omission, or 
     scheme of misconduct.
       (3) Waivers for certain grounds of inadmissibility.--For 
     humanitarian purposes, family unity, or if otherwise in the 
     public interest, the Secretary may waive the grounds of 
     inadmissibility under--
       (A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)); or
       (B) subparagraphs (A) and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     inadmissibility is based on a conviction that would otherwise 
     render the alien ineligible under subparagraph (A), (B), or 
     (D) of paragraph (2).
       (c) Application.--
       (1) Application period.--Except as provided in paragraph 
     (2), the Secretary shall accept initial applications for 
     certified agricultural worker status during the 18-month 
     period beginning on the date on which the

[[Page S9685]]

     interim final rule is published in the Federal Register 
     pursuant to section 122(a).
       (2) Extension.--If the Secretary determines, during the 
     initial period described in paragraph (1), that additional 
     time is required to process initial applications for 
     certified agricultural worker status or for other good cause, 
     the Secretary may extend the period for accepting 
     applications for up to an additional 12 months.
       (3) Submission of applications.--
       (A) In general.--An alien may file an application with the 
     Secretary under this section with the assistance of an 
     attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations. The Secretary shall also create a 
     procedure for accepting applications filed by qualified 
     designated entities with the consent of the applicant.
       (B) Farm service agency offices.--The Secretary, in 
     consultation with the Secretary of Agriculture, shall 
     establish a process for the filing of applications under this 
     section at Farm Service Agency offices throughout the United 
     States.
       (4) Evidence of application filing.--As soon as practicable 
     after receiving an application for certified agricultural 
     worker status, the Secretary shall provide the applicant with 
     a document acknowledging the receipt of such application. 
     Such document shall serve as interim proof of the alien's 
     authorization to accept employment in the United States and 
     shall be accepted by an employer as evidence of employment 
     authorization under section 274A(b)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the 
     employer is employing the holder of such document to perform 
     agricultural labor or services, pending a final 
     administrative decision on the application.
       (5) Effect of pending application.--During the period 
     beginning on the date on which an alien applies for certified 
     agricultural worker status under this subtitle, and ending on 
     the date on which the Secretary makes a final administrative 
     decision regarding such application, the alien and any 
     dependents included in the application--
       (A) may apply for advance parole, which shall be granted 
     upon demonstrating a legitimate need to travel outside the 
     United States for a temporary purpose;
       (B) may not be detained by the Secretary or removed from 
     the United States unless the Secretary makes a prima facie 
     determination that such alien is, or has become, ineligible 
     for certified agricultural worker status;
       (C) may not be considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))).
       (6) Withdrawal of application.--The Secretary shall, upon 
     receipt of a request from the applicant to withdraw an 
     application for certified agricultural worker status under 
     this subtitle, cease processing of the application, and close 
     the case. Withdrawal of the application shall not prejudice 
     any future application filed by the applicant for any 
     immigration benefit under this division or under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (7) Processing fee.--A principal alien, his or her spouse, 
     or his or her child who submits an application for certified 
     agricultural worker states under this subtitle shall pay a 
     $250 processing fee, which shall be deposited into the 
     Immigration Examinations Fee Account pursuant to section 
     286(m) of the Immigration and Nationality Act (8 
     U.S.C.1356(m)).
       (d) Adjudication and Decision.--
       (1) In general.--Subject to section 123, the Secretary 
     shall render a decision on an application for certified 
     agricultural worker status not later than 180 days after the 
     date the application is filed.
       (2) Notice.--Before denying an application for certified 
     agricultural worker status, the Secretary shall provide the 
     alien with--
       (A) written notice that describes the basis for 
     ineligibility or the deficiencies in the evidence submitted; 
     and
       (B) at least 90 days to contest ineligibility or submit 
     additional evidence.
       (3) Amended application.--An alien whose application for 
     certified agricultural worker status is denied under this 
     section may submit an amended application for such status to 
     the Secretary if the amended application is submitted within 
     the application period described in subsection (c) and 
     contains all the required information and fees that were 
     missing from the initial application.
       (e) Alternative H-2A Status.--An alien who has not met the 
     required period of agricultural labor or services under 
     subsection (a)(1)(A), but is otherwise eligible for certified 
     agricultural worker status under such subsection, shall be 
     eligible for classification as a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon 
     approval of a petition submitted by a sponsoring employer, if 
     the alien has performed at least 690 hours (or 120 work days) 
     of agricultural labor or services during the 3-year period 
     preceding the date of the enactment of this Act. The 
     Secretary shall create a procedure to provide for such 
     classification without requiring the alien to depart the 
     United States and obtain a visa abroad.

     SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.

       (a) In General.--
       (1) Approval.--Upon approval of an application for 
     certified agricultural worker status, or an extension of such 
     status pursuant to section 103, the Secretary shall issue--
       (A) documentary evidence of such status to the applicant; 
     and
       (B) documentary evidence of certified agricultural 
     dependent status to any qualified dependent included on such 
     application.
       (2) Documentary evidence.--In addition to any other 
     features and information as the Secretary may prescribe, the 
     documentary evidence described in paragraph (1)--
       (A) shall be machine-readable and tamper-resistant;
       (B) shall contain a digitized photograph;
       (C) shall serve as a valid travel and entry document for 
     purposes of applying for admission to the United States; and
       (D) shall be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A(b)(1)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)(B)).
       (3) Validity period.--Certified agricultural worker and 
     certified agricultural dependent status shall be valid for 
     5\1/2\ years beginning on the date of approval.
       (4) Travel authorization.--An alien with certified 
     agricultural worker or certified agricultural dependent 
     status may--
       (A) travel within and outside of the United States, 
     including commuting to the United States from a residence in 
     a foreign country; and
       (B) be admitted to the United States upon return from 
     travel abroad without first obtaining a visa if the alien is 
     in possession of--
       (i) valid, unexpired documentary evidence of certified 
     agricultural worker or certified agricultural worker 
     dependent status as described in subsection (a); or
       (ii) a travel document that has been approved by the 
     Secretary and was issued to the alien after the alien's 
     original documentary evidence was lost, stolen, or destroyed.
       (b) Ability To Change Status.--
       (1) Change to certified agricultural worker status.--
     Notwithstanding section 101(a), an alien with valid certified 
     agricultural dependent status may apply to change to 
     certified agricultural worker status, at any time, if the 
     alien--
       (A) submits a completed application, including the required 
     processing fees; and
       (B) is not ineligible for certified agricultural worker 
     status under section 101(b).
       (2) Clarification.--Nothing in this title prohibits an 
     alien granted certified agricultural worker or certified 
     agricultural dependent status from changing status to any 
     other immigrant or nonimmigrant classification for which the 
     alien may be eligible.
       (c) Public Benefits, Tax Benefits, and Health Care 
     Subsidies.--Aliens granted certified agricultural worker or 
     certified agricultural dependent status--
       (1) shall be considered lawfully present in the United 
     States for all purposes for the duration of their status;
       (2) shall be eligible for Federal means-tested public 
     benefits to the same extent as other individuals who are not 
     qualified aliens under section 431 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641);
       (3) are entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 (26 U.S.C. 36B);
       (4) shall not be subject to the rules applicable to 
     individuals who are not lawfully present set forth in section 
     1402(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18071(e)); and
       (5) shall not be subject to the rules applicable to 
     individuals not lawfully present set forth in section 
     5000A(d)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     5000A(d)(3)).
       (d) Revocation of Status.--
       (1) In general.--The Secretary may revoke certified 
     agricultural worker or certified agricultural dependent 
     status if, after providing notice to the alien and the 
     opportunity to provide evidence to contest the proposed 
     revocation, the Secretary determines that the alien no longer 
     meets the eligibility requirements for such status under 
     section 101(b).
       (2) Invalidation of documentation.--Upon the Secretary's 
     final determination to revoke an alien's certified 
     agricultural worker or certified agricultural dependent 
     status, any documentation issued by the Secretary to such 
     alien under subsection (a) shall automatically be rendered 
     invalid for any purpose except for departure from the United 
     States.

     SEC. 103. EXTENSIONS OF CERTIFIED STATUS.

       (a) Requirements for Extensions of Status.--
       (1) Principal aliens.--The Secretary may extend certified 
     agricultural worker status for additional periods of 5 \1/2\ 
     years to an alien who submits a completed application, 
     including the required processing fees, within the 120-day 
     period beginning 60 days before the expiration of the fifth 
     year of the immediately preceding grant of certified 
     agricultural worker status, if the alien--
       (A) except as provided in section 126(c), has performed 
     agricultural labor or services in the United States for at 
     least 690 hours (or 120 work days) for each of the prior 5 
     years in which the alien held certified agricultural worker 
     status; and

[[Page S9686]]

       (B) has not become ineligible for certified agricultural 
     worker status under section 101(b).
       (2) Dependent spouse and children.--The Secretary may grant 
     or extend certified agricultural dependent status to the 
     spouse or child of an alien granted an extension of certified 
     agricultural worker status under paragraph (1) if the spouse 
     or child is not ineligible for certified agricultural 
     dependent status under section 101(b).
       (3) Waiver for late filings.--The Secretary may waive an 
     alien's failure to timely file before the expiration of the 
     120-day period described in paragraph (1) if the alien 
     demonstrates that the delay was due to extraordinary 
     circumstances beyond the alien's control or for other good 
     cause.
       (b) Status for Workers With Pending Applications.--
       (1) In general.--Certified agricultural worker status of an 
     alien who timely files an application to extend such status 
     under subsection (a) (and the status of the alien's 
     dependents) shall be automatically extended through the date 
     on which the Secretary makes a final administrative decision 
     regarding such application.
       (2) Documentation of employment authorization.--As soon as 
     practicable after receipt of an application to extend 
     certified agricultural worker status under subsection (a), 
     the Secretary shall issue a document to the alien 
     acknowledging the receipt of such application. An employer of 
     the worker may not refuse to accept such document as evidence 
     of employment authorization under section 274A(b)(1)(C) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1324a(b)(1)(C)), pending a final administrative decision on 
     the application.
       (c) Notice.--Prior to denying an application to extend 
     certified agricultural worker status, the Secretary shall 
     provide the alien with--
       (1) written notice that describes the basis for 
     ineligibility or the deficiencies of the evidence submitted; 
     and
       (2) at least 90 days to contest ineligibility or submit 
     additional evidence.

     SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.

       (a) Effect of Notice To Appear.--The continuous presence in 
     the United States of an applicant for certified agricultural 
     worker status under section 101 shall not terminate when the 
     alien is served a notice to appear under section 239(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (b) Treatment of Certain Breaks in Presence.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), an alien shall be considered to have failed to maintain 
     continuous presence in the United States under this subtitle 
     if the alien departed the United States for any period 
     exceeding 90 days, or for any periods, in the aggregate, 
     exceeding 180 days.
       (2) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) for an alien who demonstrates that the failure to timely 
     return to the United States was due to extenuating 
     circumstances beyond the alien's control, including the 
     serious illness of the alien, or death or serious illness of 
     a spouse, parent, son or daughter, grandparent, or sibling of 
     the alien.
       (3) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary shall not be counted toward any 
     period of departure from the United States under paragraph 
     (1).

     SEC. 105. EMPLOYER OBLIGATIONS.

       (a) Record of Employment.--An employer of an alien in 
     certified agricultural worker status shall provide such alien 
     with a written record of employment each year during which 
     the alien provides agricultural labor or services to such 
     employer as a certified agricultural worker.
       (b) Civil Penalties.--
       (1) In general.--If the Secretary determines, after notice 
     and an opportunity for a hearing, that an employer of an 
     alien with certified agricultural worker status has knowingly 
     failed to provide the record of employment required under 
     subsection (a), or has provided a false statement of material 
     fact in such a record, the employer shall be subject to a 
     civil penalty in an amount not to exceed $400 per violation.
       (2) Limitation.--The penalty under paragraph (1) for 
     failure to provide employment records shall not apply unless 
     the alien has provided the employer with evidence of 
     employment authorization described in section 102 or 103.
       (3) Deposit of civil penalties.--Civil penalties collected 
     under this paragraph shall be deposited into the Immigration 
     Examinations Fee Account under section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m)).

     SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) Administrative Review.--The Secretary shall establish a 
     process by which an applicant may seek administrative review 
     of a denial of an application for certified agricultural 
     worker status under this subtitle, an application to extend 
     such status, or a revocation of such status.
       (b) Admissibility in Immigration Court.--Each record of an 
     alien's application for certified agricultural worker status 
     under this subtitle, application to extend such status, 
     revocation of such status, and each record created pursuant 
     to the administrative review process under subsection (a) is 
     admissible in immigration court, and shall be included in the 
     administrative record.
       (c) Judicial Review.--Notwithstanding any other provision 
     of law, judicial review of the Secretary's decision to deny 
     an application for certified agricultural worker status, an 
     application to extend such status, or the decision to revoke 
     such status, shall be limited to the review of an order of 
     removal under section 242 of the Immigration and Nationality 
     Act (8 U.S.C. 1252).

      Subtitle B--Optional Earned Residence for Long-Term Workers

     SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM 
                   AGRICULTURAL WORKERS.

       (a) Requirements for Adjustment of Status.--
       (1) Principal aliens.--The Secretary may adjust the status 
     of an alien from that of a certified agricultural worker to 
     that of a lawful permanent resident if the alien submits a 
     completed application, including the required processing and 
     penalty fees, and the Secretary determines that--
       (A) except as provided in section 126(c), the alien 
     performed agricultural labor or services for not less than 
     690 hours (or 120 work days) each year for at least 10 years 
     and for at least 4 years while in certified agricultural 
     worker status; and
       (B) the alien has not become ineligible for certified 
     agricultural worker status under section 101(b).
       (2) Dependent aliens.--
       (A) In general.--The spouse and each child of an alien 
     described in paragraph (1) whose status has been adjusted to 
     that of a lawful permanent resident may be granted lawful 
     permanent residence under this subtitle if--
       (i) the qualifying relationship to the principal alien 
     existed on the date on which such alien was granted 
     adjustment of status under this subtitle; and
       (ii) the spouse or child is not ineligible for certified 
     agricultural worker dependent status under section 101(b).
       (B) Protections for spouses and children.--The Secretary 
     shall establish procedures to allow the spouse or child of a 
     certified agricultural worker to self-petition for lawful 
     permanent residence under this subtitle in cases involving--
       (i) the death of the certified agricultural worker, so long 
     as the spouse or child submits a petition not later than 2 
     years after the date of the worker's death; or
       (ii) the spouse or a child being battered or subjected to 
     extreme cruelty by the certified agricultural worker.
       (3) Documentation of work history.--
       (A) In general.--An applicant for adjustment of status 
     under this section shall not be required to resubmit evidence 
     of work history that has been previously submitted to the 
     Secretary in connection with an approved extension of 
     certified agricultural worker status.
       (B) Presumption of compliance.--The Secretary shall presume 
     that the work requirement has been met if the applicant 
     attests, under penalty of perjury, that he or she--
       (i) has satisfied the requirement;
       (ii) demonstrates presence in the United States during the 
     most recent 10-year period; and
       (iii) presents documentation demonstrating compliance with 
     the work requirement while the applicant was in certified 
     agricultural worker status.
       (b) Penalty Fee.--In addition to any processing fee that 
     the Secretary may assess in accordance with section 122(b), a 
     principal alien seeking adjustment of status under this 
     subtitle shall pay a $750 penalty fee, which shall be 
     deposited into the Immigration Examinations Fee Account 
     pursuant to section 286(m) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(m)).
       (c) Effect of Pending Application.--During the period 
     beginning on the date on which an alien applies for 
     adjustment of status under this subtitle, and ending on the 
     date on which the Secretary makes a final administrative 
     decision regarding such application, the alien and any 
     dependents included on the application--
       (1) may apply for advance parole, which shall be granted 
     upon demonstrating a legitimate need to travel outside the 
     United States for a temporary purpose;
       (2) may not be detained by the Secretary or removed from 
     the United States unless the Secretary makes a prima facie 
     determination that such alien is, or has become, ineligible 
     for adjustment of status under subsection (a);
       (3) may not be considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); and
       (4) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))).
       (d) Evidence of Application Filing.--As soon as practicable 
     after receiving an application for adjustment of status under 
     this subtitle, the Secretary shall provide the applicant with 
     a document acknowledging the receipt of such application. 
     Such document shall serve as interim proof of the alien's 
     authorization to accept employment in the United States and 
     shall be accepted by an employer as evidence of employment 
     authorization under section 274A(b)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a 
     final administrative decision on the application.
       (e) Withdrawal of Application.--The Secretary shall, upon 
     receipt of a request to withdraw an application for 
     adjustment of

[[Page S9687]]

     status under this subtitle, cease processing of the 
     application, and close the case. Withdrawal of the 
     application shall not prejudice any future application filed 
     by the applicant for any immigration benefit under this 
     division or under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).

     SEC. 112. PAYMENT OF TAXES.

       (a) In General.--An alien may not be granted adjustment of 
     status under this subtitle unless the applicant has satisfied 
     any applicable Federal tax liability.
       (b) Compliance.--An alien may demonstrate compliance with 
     subsection (a) by submitting such documentation as the 
     Secretary, in consultation with the Secretary of the 
     Treasury, may require by regulation.

     SEC. 113. ADJUDICATION AND DECISION; REVIEW.

       (a) In General.--Subject to the requirements of section 
     123, the Secretary shall render a decision on an application 
     for adjustment of status under this subtitle not later than 
     180 days after the date on which the application is filed.
       (b) Notice.--Prior to denying an application for adjustment 
     of status under this subtitle, the Secretary shall provide 
     the alien with--
       (1) written notice that describes the basis for 
     ineligibility or the deficiencies of the evidence submitted; 
     and
       (2) at least 90 days to contest ineligibility or submit 
     additional evidence.
       (c) Administrative Review.--The Secretary shall establish a 
     process by which an applicant may seek administrative review 
     of a denial of an application for adjustment of status under 
     this subtitle.
       (d) Judicial Review.--Notwithstanding any other provision 
     of law, an alien may seek judicial review of a denial of an 
     application for adjustment of status under this title in an 
     appropriate United States district court.

                     Subtitle C--General Provisions

     SEC. 121. DEFINITIONS.

       In this title:
       (1) In general.--Except as otherwise provided, any term 
     used in this title that is used in the immigration laws shall 
     have the meaning given such term in the immigration laws (as 
     such term is defined in section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101)).
       (2) Agricultural labor or services.--The term 
     ``agricultural labor or services'' means--
       (A) agricultural labor or services (as such term is used in 
     section 101(a)(15)(H)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(ii))), without regard to whether 
     the labor or services are of a seasonal or temporary nature; 
     and
       (B) agricultural employment (as such term is defined in 
     section 3 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1802)), and including employment 
     with any agricultural cooperative, without regard to whether 
     the specific service or activity is temporary or seasonal.
       (3) Applicable federal tax liability.--The term 
     ``applicable Federal tax liability'' means all Federal income 
     taxes assessed in accordance with section 6203 of the 
     Internal Revenue Code of 1986 beginning on the date on which 
     the applicant was authorized to work in the United States as 
     a certified agricultural worker.
       (4) Appropriate united states district court.--The term 
     ``appropriate United States district court'' means the United 
     States District Court for the District of Columbia or the 
     United States district court with jurisdiction over the 
     alien's principal place of residence.
       (5) Child.--The term ``child'' has the meaning given such 
     term in section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)).
       (6) Convicted or conviction.--The term ``convicted'' or 
     ``conviction'' does not include a judgment that has been 
     expunged or set aside, that resulted in a rehabilitative 
     disposition, or the equivalent.
       (7) Employer.--The term ``employer'' means any person or 
     entity, including any labor contractor or any agricultural 
     association, that employs workers in agricultural labor or 
     services.
       (8) Qualified designated entity.--The term ``qualified 
     designated entity'' means--
       (A) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       (B) any other entity that the Secretary designates as 
     having substantial experience, demonstrated competence, and a 
     history of long-term involvement in the preparation and 
     submission of application for adjustment of status under 
     title II of the Immigration and Nationality Act (8 U.S.C. 
     1151 et seq.).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (10) Work day.--The term ``work day'' means any day in 
     which the individual is employed 5.75 or more hours in 
     agricultural labor or services.

     SEC. 122. RULEMAKING; FEES.

       (a) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register, an interim final rule implementing this 
     title. Notwithstanding section 553 of title 5, United States 
     Code, the rule shall be effective, on an interim basis, 
     immediately upon publication, but may be subject to change 
     and revision after public notice and opportunity for comment. 
     The Secretary shall finalize such rule not later than 1 year 
     after the date of the enactment of this Act.
       (b) Fees.--
       (1) In general.--The Secretary may require an alien 
     applying for any benefit under this title to pay a reasonable 
     fee that is commensurate with the cost of processing the 
     application.
       (2) Fee waiver; installments.--
       (A) In general.--The Secretary shall establish procedures 
     to allow an alien to--
       (i) request a waiver of any fee that the Secretary may 
     assess under this title if the alien demonstrates to the 
     satisfaction of the Secretary that the alien is unable to pay 
     the prescribed fee; or
       (ii) pay any fee or penalty that the Secretary may assess 
     under this title in installments.
       (B) Clarification.--Nothing in this section shall be read 
     to prohibit an employer from paying any fee or penalty that 
     the Secretary may assess under this title on behalf of an 
     alien and the alien's spouse or children.

     SEC. 123. BACKGROUND CHECKS.

       (a) Submission of Biometric and Biographic Data.--The 
     Secretary may not grant or extend certified agricultural 
     worker or certified agricultural dependent status under 
     subtitle A, or grant adjustment of status to that of a lawful 
     permanent resident under subtitle B, unless the alien submits 
     biometric and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for aliens who cannot provide all 
     required biometric or biographic data because of a physical 
     impairment.
       (b) Background Checks.--The Secretary shall use biometric, 
     biographic, and other data that the Secretary determines 
     appropriate to conduct security and law enforcement 
     background checks and to determine whether there is any 
     criminal, national security, or other factor that would 
     render the alien ineligible for status under this title. An 
     alien may not be granted any such status under this title 
     unless security and law enforcement background checks are 
     completed to the satisfaction of the Secretary.

     SEC. 124. PROTECTION FOR CHILDREN.

       (a) In General.--Except as provided in subsection (b), for 
     purposes of eligibility for certified agricultural dependent 
     status or lawful permanent resident status under this title, 
     a determination of whether an alien is a child shall be made 
     using the age of the alien on the date on which the initial 
     application for certified agricultural worker status is filed 
     with the Secretary of Homeland Security.
       (b) Limitation.--Subsection (a) shall apply for no more 
     than 10 years after the date on which the initial application 
     for certified agricultural worker status is filed with the 
     Secretary of Homeland Security.

     SEC. 125. LIMITATION ON REMOVAL.

       (a) In General.--An alien who appears to be prima facie 
     eligible for status under this title shall be given a 
     reasonable opportunity to apply for such status. Such an 
     alien may not be placed in removal proceedings or removed 
     from the United States until a final administrative decision 
     establishing ineligibility for such status is rendered.
       (b) Aliens in Removal Proceedings.--Notwithstanding any 
     other provision of the law, the Attorney General shall (upon 
     motion by the Secretary with the consent of the alien, or 
     motion by the alien) terminate removal proceedings, without 
     prejudice, against an alien who appears to be prima facie 
     eligible for status under this title, and provide such alien 
     a reasonable opportunity to apply for such status.
       (c) Effect of Final Order.--An alien present in the United 
     States who has been ordered removed or has been permitted to 
     depart voluntarily from the United States may, 
     notwithstanding such order or permission to depart, apply for 
     status under this title. Such alien shall not be required to 
     file a separate motion to reopen, reconsider, or vacate the 
     order of removal. If the Secretary approves the application, 
     the Secretary shall notify the Attorney General of such 
     approval, and the Attorney General shall cancel the order of 
     removal. If the Secretary renders a final administrative 
     decision to deny the application, the order of removal or 
     permission to depart shall be effective and enforceable to 
     the same extent as if the application had not been made, only 
     after all available administrative and judicial remedies have 
     been exhausted.
       (d) Effect of Departure.--Section 101(g) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an 
     alien who departs the United States--
       (1) with advance permission to return to the United States 
     granted by the Secretary under this title; or
       (2) after having been granted certified agricultural worker 
     status or lawful permanent resident status under this title.

     SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.

       (a) Burden of Proof.--An alien applying for certified 
     agricultural worker status under subtitle A or adjustment of 
     status under subtitle B has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days required under section 101, 
     103, or 111, as applicable. The Secretary shall establish 
     special procedures to properly credit work in cases in which 
     an alien was employed under an assumed name.
       (b) Evidence.--An alien may meet the burden of proof under 
     subsection (a) by producing sufficient evidence to show the 
     extent of such employment as a matter of just and reasonable 
     inference. Such evidence may include--

[[Page S9688]]

       (1) an annual record of certified agricultural worker 
     employment as described in section 105(a), or other 
     employment records from employers;
       (2) employment records maintained by collective bargaining 
     associations;
       (3) tax records or other government records;
       (4) sworn affidavits from individuals who have direct 
     knowledge of the alien's work history; or
       (5) any other documentation designated by the Secretary for 
     such purpose.
       (c) Exceptions for Extraordinary Circumstances.--
       (1) Impact of covid-19.--
       (A) In general.--The Secretary may grant certified 
     agricultural worker status to an alien who is otherwise 
     eligible for such status if such alien is able to only 
     partially satisfy the requirement under section 101(a)(1)(A) 
     as a result of reduced hours of employment or other 
     restrictions associated with the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19.
       (B) Limitation.--The exception described in subparagraph 
     (A) shall apply only to agricultural labor or services 
     required to be performed during the period that--
       (i) begins on the first day of the public health emergency 
     described in subparagraph (A); and
       (ii) ends 90 days after the date on which such public 
     health emergency terminates.
       (2) Extraordinary circumstances.--In determining whether an 
     alien has met the requirement under section 103(a)(1)(A) or 
     111(a)(1)(A), the Secretary may credit the alien with not 
     more than 690 hours (or 120 work days) of agricultural labor 
     or services in the United States if the alien was unable to 
     perform the required agricultural labor or services due to--
       (A) pregnancy, parental leave, illness, disease, disabling 
     injury, or physical limitation of the alien;
       (B) injury, illness, disease, or other special needs of the 
     alien's child or spouse;
       (C) severe weather conditions that prevented the alien from 
     engaging in agricultural labor or services;
       (D) reduced hours of employment or other restrictions 
     associated with a public health emergency declared by the 
     Secretary of Health and Human Services under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d); or
       (E) termination from agricultural employment, if the 
     Secretary determines that--
       (i) the termination was without just cause; and
       (ii) the alien was unable to find alternative agricultural 
     employment after a reasonable job search.
       (3) Effect of determination.--A determination under 
     paragraph (1)(E) shall not be conclusive, binding, or 
     admissible in a separate or subsequent judicial or 
     administrative action or proceeding between the alien and a 
     current or prior employer of the alien or any other party.
       (4) Hardship waiver.--
       (A) In general.--As part of the rulemaking described in 
     section 122(a), the Secretary shall establish procedures 
     allowing for a partial waiver of the requirement under 
     section 111(a)(1)(A) for a certified agricultural worker if 
     such worker--
       (i) has continuously maintained certified agricultural 
     worker status since the date such status was initially 
     granted;
       (ii) has partially completed the requirement under section 
     111(a)(1)(A); and
       (iii) is no longer able to engage in agricultural labor or 
     services safely and effectively because of--

       (I) a permanent disability suffered while engaging in 
     agricultural labor or services; or
       (II) deteriorating health or physical ability combined with 
     advanced age.

       (B) Disability.--In establishing the procedures described 
     in subparagraph (A), the Secretary shall consult with the 
     Secretary of Health and Human Services and the Commissioner 
     of Social Security to define ``permanent disability'' for 
     purposes of a waiver under subparagraph (A)(iii)(I).
       (d) Equines.--In determining whether an alien has met the 
     requirement under section 101(e), 103(a)(1)(A), or 
     111(a)(1)(A), the Secretary may credit the alien for 
     performing activities related to equines, including the 
     breeding, grooming, training, care, feeding, management, 
     competition, and racing of equines.

     SEC. 127. EMPLOYER PROTECTIONS.

       (a) Continuing Employment.--An employer that continues to 
     employ an alien knowing that the alien intends to apply for 
     certified agricultural worker status under subtitle A shall 
     not violate section 274A(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(a)(2)) by continuing to 
     employ the alien for the duration of the application period 
     described in section 101(c), and with respect to an alien who 
     applies for certified agricultural status, for the duration 
     of the period during which the alien's application is pending 
     final determination.
       (b) Use of Employment Records.--Copies of employment 
     records or other evidence of employment provided by an alien 
     or by an alien's employer in support of an alien's 
     application for certified agricultural worker or adjustment 
     of status under this title may not be used in a civil or 
     criminal prosecution or investigation of that employer under 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) or the Internal Revenue Code of 1986 for the prior 
     unlawful employment of that alien regardless of the outcome 
     of such application.
       (c) Additional Protections.--Employers that provide 
     unauthorized aliens with copies of employment records or 
     other evidence of employment in support of an application for 
     certified agricultural worker status or adjustment of status 
     under this title shall not be subject to civil and criminal 
     liability pursuant to such section 274A for employing such 
     unauthorized aliens. Records or other evidence of employment 
     provided by employers in response to a request for such 
     records for the purpose of establishing eligibility for 
     status under this title may not be used for any purpose other 
     than establishing such eligibility.
       (d) Limitation on Protection.--The protections for 
     employers under this section shall not apply if the employer 
     provides employment records to the alien that are determined 
     to be fraudulent.

     SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; CONFORMING 
                   AMENDMENTS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted certified agricultural worker status, 
     certified agricultural dependent status, or lawful permanent 
     resident status under title I of the Affordable and Secure 
     Food Act of 2022,''; and
       (4) in the undesignated matter following subparagraph (D), 
     as added by paragraph (3), by striking ``1990.'' and 
     inserting ``1990, or in the case of an alien described in 
     subparagraph (D), if such conduct is alleged to have occurred 
     before the date on which the alien was granted status under 
     title I of the Affordable and Secure Food Act of 2022.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.
       (c) Conforming Amendments.--
       (1) Social security act.--Section 210(a)(1) of the Social 
     Security Act (42 U.S.C. 410(a)(1)) is amended by inserting 
     before the semicolon the following: ``(other than aliens 
     granted certified agricultural worker status or certified 
     agricultural dependent status under title I of the Affordable 
     and Secure Food Act of 2022''.
       (2) Internal revenue code of 1986.--Section 3121(b)(1) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     before the semicolon the following: ``(other than aliens 
     granted certified agricultural worker status or certified 
     agricultural dependent status under title I of the Affordable 
     and Secure Food Act of 2022''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to service performed after the date 
     of the enactment of this Act.
       (d) Automated System To Assign Social Security Account 
     Numbers.--Section 205(c)(2)(B) of the Social Security Act (42 
     U.S.C. 405(c)(2)(B)) is amended by adding at the end the 
     following:
       ``(iv) The Commissioner of Social Security shall, to the 
     extent practicable, coordinate with the Secretary of the 
     Department of Homeland Security to implement an automated 
     system for the Commissioner to assign social security account 
     numbers to aliens granted certified agricultural worker 
     status or certified agricultural dependent status under title 
     I of the Affordable and Secure Food Act of 2022. An alien who 
     is granted such status, and who was not previously assigned a 
     social security account number, shall request assignment of a 
     social security account number and a social security card 
     from the Commissioner through such system. The Secretary 
     shall collect and provide to the Commissioner such 
     information as the Commissioner deems necessary for the 
     Commissioner to assign a social security account number, 
     which information may be used by the Commissioner for any 
     purpose for which the Commissioner is otherwise authorized 
     under Federal law. The Commissioner may maintain, use, and 
     disclose such information only as permitted by the Privacy 
     Act and other Federal law.''.

     SEC. 129. DISCLOSURES AND PRIVACY.

       (a) In General.--The Secretary may not disclose or use 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title (including information provided during administrative 
     or judicial review) for the purpose of immigration 
     enforcement.
       (b) Referrals Prohibited.--The Secretary, based solely on 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title (including information provided during administrative 
     or judicial review), may not refer an applicant to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Exceptions.--Notwithstanding subsections (a) and (b), 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title may be shared with Federal security and law enforcement 
     agencies--

[[Page S9689]]

       (1) for assistance in the consideration of an application 
     under this title;
       (2) to identify or prevent fraudulent claims or schemes;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (e) Privacy.--The Secretary shall ensure that appropriate 
     administrative and physical safeguards are in place to 
     protect the security, confidentiality, and integrity of 
     personally identifiable information collected, maintained, 
     and disseminated pursuant to this title.

     SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

       (a) Criminal Penalty.--Any person who--
       (1) files an application for certified agricultural worker 
     status or adjustment of status under this title and knowingly 
     falsifies, conceals, or covers up a material fact or makes 
     any false, fictitious, or fraudulent statements or 
     representations, or makes or uses any false writing or 
     document knowing the same to contain any false, fictitious, 
     or fraudulent statement or entry; or
       (2) creates or supplies a false writing or document for use 
     in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (b) Inadmissibility.--An alien who is convicted under 
     subsection (a) shall be deemed inadmissible to the United 
     States under section 212(a)(6)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
       (c) Deposit.--Fines collected under subsection (a) shall be 
     deposited into the Immigration Examinations Fee Account 
     pursuant to section 286(m) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(m)).

     SEC. 131. DISSEMINATION OF INFORMATION.

       (a) In General.--Beginning not later than the first day of 
     the application period described in section 101(c)--
       (1) the Secretary of Homeland Security, in cooperation with 
     qualified designated entities, shall broadly disseminate 
     information described in subsection (b); and
       (2) the Secretary of Agriculture, in consultation with the 
     Secretary of Homeland Security and the Secretary of Labor, 
     shall disseminate to agricultural employers a document 
     containing the information described in subsection (b) for 
     posting at employer worksites.
       (b) Information Described.--The information described in 
     this subsection shall include--
       (1) the benefits that aliens may receive under this title; 
     and
       (2) the requirements that an alien must meet to receive 
     such benefits.

     SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.

        The numerical limitations under title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
     not apply to the adjustment of aliens to lawful permanent 
     resident status under this title, and such aliens shall not 
     be counted toward any such numerical limitation.

     SEC. 133. REPORTS TO CONGRESS.

       Not later than 180 days after the publication of the final 
     rule under section 122(a), and annually thereafter for the 
     following 10 years, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that identifies, for the previous fiscal year--
       (1) the number of principal aliens who applied for 
     certified agricultural worker status under subtitle A, and 
     the number of dependent spouses and children included in such 
     applications;
       (2) the number of principal aliens who were granted 
     certified agricultural worker status under subtitle A, and 
     the number of dependent spouses and children who were granted 
     certified agricultural dependent status;
       (3) the number of principal aliens who applied for an 
     extension of their certified agricultural worker status under 
     subtitle A, and the number of dependent spouses and children 
     included in such applications;
       (4) the number of principal aliens who were granted an 
     extension of certified agricultural worker status under 
     subtitle A, and the number of dependent spouses and children 
     who were granted certified agricultural dependent status 
     under such an extension;
       (5) the number of principal aliens who applied for 
     adjustment of status under subtitle B, and the number of 
     dependent spouses and children included in such applications;
       (6) the number of principal aliens who were granted lawful 
     permanent resident status under subtitle B, and the number of 
     spouses and children who were granted such status as 
     dependents;
       (7) the number of principal aliens included in petitions 
     described in section 101(e), and the number of dependent 
     spouses and children included in such applications; and
       (8) the number of principal aliens who were granted H-2A 
     status pursuant to petitions described in section 101(e), and 
     the number of dependent spouses and children who were granted 
     H-4 status.

     SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Establishment.--The Secretary shall establish a program 
     to award grants, on a competitive basis, to eligible 
     nonprofit organizations to assist eligible applicants under 
     this title by providing them with the services described in 
     subsection (c).
       (b) Eligible Nonprofit Organization.--In this section, the 
     term ``eligible nonprofit organization'' means an 
     organization described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 (excluding a recipient of funds under 
     title X of the Economic Opportunity Act of 1964 (42 U.S.C. 
     2996 et seq.)) that has demonstrated qualifications, 
     experience, and expertise in providing quality services to 
     farm workers or aliens.
       (c) Use of Funds.--Grant funds awarded under this section 
     may be used for the design and implementation of programs 
     that provide--
       (1) information to the public regarding the eligibility and 
     benefits of certified agricultural worker status authorized 
     under this title; and
       (2) assistance, within the scope of authorized practice of 
     immigration law, to individuals submitting applications for 
     certified agricultural worker status or adjustment of status 
     under this title, including--
       (A) screening prospective applicants to assess their 
     eligibility for such status;
       (B) completing applications, including providing assistance 
     in obtaining necessary documents and supporting evidence; and
       (C) providing any other assistance that the Secretary 
     determines useful to assist aliens in applying for certified 
     agricultural worker status or adjustment of status under this 
     title.
       (d) Source of Funds.--In addition to any funds appropriated 
     to carry out this section, the Secretary shall use up to 
     $10,000,000 from the Immigration Examinations Fee Account 
     under section 286(m) of the Immigration and Nationality Act 
     (8 U.S.C. 1356(m)) to carry out this section.
       (e) Eligibility for Services.--Section 504(a)(11) of Public 
     Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under title X of 
     the Economic Opportunity Act of 1964 (42 U.S.C. 2996 et seq.) 
     from providing legal assistance directly related to an 
     application for status under this title or to an alien 
     granted such status.

     SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary, 
     such sums as may be necessary to implement this title, 
     including any amounts needed for costs associated with the 
     initiation of such implementation, for each of fiscal years 
     2023 through 2025.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

     SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A 
                   PLATFORM.

       (a) Streamlined H-2A Platform.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Labor, the 
     Secretary of Agriculture, the Secretary of State, and United 
     States Digital Service, shall ensure the establishment of an 
     electronic platform through which a petition for an H-2A 
     worker may be filed. Such platform shall--
       (A) serve as a single point of access for an employer to 
     input all information and supporting documentation required 
     for obtaining labor certification from the Secretary of Labor 
     and the adjudication of the H-2A petition by the Secretary of 
     Homeland Security;
       (B) serve as a single point of access for the Secretary of 
     Homeland Security, the Secretary of Labor, and State 
     workforce agencies to concurrently perform their respective 
     review and adjudicatory responsibilities in the H-2A process;
       (C) facilitate communication between employers and agency 
     adjudicators, including by allowing employers to--
       (i) receive and respond to notices of deficiency and 
     requests for information;
       (ii) submit requests for inspections and licensing;
       (iii) receive notices of approval and denial; and
       (iv) request reconsideration or appeal of agency decisions; 
     and
       (D) provide information to the Secretary of State and U.S. 
     Customs and Border Protection necessary for the efficient and 
     secure processing of H-2A visas and applications for 
     admission.
       (2) Objectives.--In developing the platform described in 
     paragraph (1), the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor, the Secretary of 
     Agriculture, the Secretary of State, and United States 
     Digital Service, shall streamline and improve the H-2A 
     process, including by--
       (A) eliminating the need for employers to submit duplicate 
     information and documentation to multiple agencies;
       (B) eliminating redundant processes, where a single matter 
     in a petition is adjudicated by more than one agency;
       (C) reducing the occurrence of common petition errors, and 
     otherwise improving and expediting the processing of H-2A 
     petitions; and
       (D) ensuring compliance with H-2A program requirements and 
     the protection of the wages and working conditions of 
     workers.
       (3) Reports to congress.--Not later than 6 months after the 
     date of the enactment of this Act, and every 3 months 
     thereafter until the H-2A worker electronic platform is 
     established pursuant to paragraph (1), the Secretary of 
     Homeland Security shall submit a report to the Committee on 
     the Judiciary of

[[Page S9690]]

     the Senate and the Committee on the Judiciary of the House of 
     Representatives that outlines the status of the electronic 
     platform development.
       (b) Online Job Registry.--The Secretary of Labor shall 
     maintain a national, publicly-accessible online job registry 
     and database of all job orders submitted by H-2A employers. 
     The registry and database shall--
       (1) be searchable using relevant criteria, including the 
     types of jobs needed to be filled, the date(s) and 
     location(s) of need, and the employer(s) named in the job 
     order;
       (2) provide an interface for workers in English, Spanish, 
     and any other language that the Secretary of Labor determines 
     to be appropriate; and
       (3) provide for public access of job orders approved under 
     section 218(h)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1188(h)(2)).

     SEC. 202. H-2A PROGRAM REQUIREMENTS.

       Section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188) is amended to read as follows:

     ``SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

       ``(a) Labor Certification Conditions.--The Secretary of 
     Homeland Security may not approve a petition to admit an H-2A 
     worker unless the Secretary of Labor has certified that--
       ``(1) there are not sufficient United States workers who 
     are able, willing and qualified, and who will be available at 
     the time and place needed, to perform the agricultural labor 
     or services described in the petition; and
       ``(2) the employment of the H-2A worker in such labor or 
     services will not adversely affect the wages and working 
     conditions of workers in the United States who are similarly 
     employed.
       ``(b) H-2A Petition Requirements.--An employer filing a 
     petition for an H-2A worker to perform agricultural labor or 
     services shall attest to and demonstrate compliance, as and 
     when appropriate, with all applicable requirements under this 
     section, including the following:
       ``(1) Need for labor or services.--The employer has 
     described the need for agricultural labor or services in a 
     job order that includes a description of the nature and 
     location of the work to be performed, the material terms and 
     conditions of employment, the anticipated period or periods 
     (expected start and end dates) for which the workers will be 
     needed, the number of job opportunities in which the employer 
     seeks to employ the workers, and any other requirement for a 
     job order.
       ``(2) Nondisplacement of united states workers.--The 
     employer has not and will not displace United States workers 
     employed by the employer during the period of employment of 
     the H-2A worker and during the 60-day period immediately 
     preceding such period of employment in the job for which the 
     employer seeks approval to employ the H-2A worker.
       ``(3) Strike or lockout.--Each place of employment 
     described in the petition is not, at the time of filing the 
     petition and until the petition is approved, subject to a 
     strike or lockout in the course of a labor dispute.
       ``(4) Recruitment of united states workers.--The employer 
     shall engage in the recruitment of United States workers as 
     described in subsection (c) and shall hire such workers who 
     are able, willing and qualified, and who will be available at 
     the time and place needed, to perform the agricultural labor 
     or services described in the petition. The employer may 
     reject a United States worker only for lawful, job-related 
     reasons.
       ``(5) Wages, benefits, and working conditions.--The 
     employer shall offer and provide, at a minimum, the wages, 
     benefits, and working conditions required by this section to 
     the H-2A worker and all workers who are similarly employed. 
     The employer--
       ``(A) shall offer such similarly employed workers not less 
     than the same benefits, wages, and working conditions that 
     the employer is offering or will provide to the H-2A worker; 
     and
       ``(B) may not impose on such similarly employed workers any 
     restrictions or obligations that will not be imposed on the 
     H-2A worker.
       ``(6) Workers' compensation.--If the job opportunity is not 
     covered by or is exempt from the State workers' compensation 
     law, the employer shall provide, at no cost to the worker, 
     insurance covering injury and disease arising out of, and in 
     the course of, the worker's employment which will provide 
     benefits at least equal to those provided under the State 
     workers' compensation law.
       ``(7) Compliance with applicable laws.--The employer shall 
     comply with all applicable Federal, State and local laws and 
     regulations.
       ``(8) Compliance with worker protections.--The employer 
     shall comply with section 204 of the Affordable and Secure 
     Food Act of 2022.
       ``(9) Compliance with foreign labor recruitment laws.--The 
     employer shall comply with subtitle C of title II of the 
     Affordable and Secure Food Act of 2022.
       ``(c) Recruiting Requirements.--
       ``(1) In general.--The employer may satisfy the recruitment 
     requirement described in subsection (b)(4) by satisfying all 
     of the following:
       ``(A) Job order.--As provided in subsection (h)(1), the 
     employer shall complete a job order for posting on the 
     electronic job registry maintained by the Secretary of Labor 
     and for distribution by the appropriate State workforce 
     agency. Such posting shall remain on the job registry as an 
     active job order through the period described in paragraph 
     (2)(B).
       ``(B) Former workers.--At least 45 days before each start 
     date identified in the petition, the employer shall--
       ``(i) make reasonable efforts to contact any United States 
     worker who the employer or agricultural producer for whom the 
     employer is supplying labor employed in the previous year in 
     the same occupation and area of intended employment for which 
     an H-2A worker is sought (excluding workers who were 
     terminated for cause or abandoned the worksite); and
       ``(ii) post such job opportunity in a conspicuous location 
     or locations at the place of employment.
       ``(C) Positive recruitment.--During the period of 
     recruitment, the employer shall complete any other positive 
     recruitment steps within a multi-State region of traditional 
     or expected labor supply where the Secretary of Labor finds 
     that there are a significant number of qualified United 
     States workers who, if recruited, would be willing to make 
     themselves available for work at the time and place needed.
       ``(2) Period of recruitment.--
       ``(A) In general.--For purposes of this subsection, the 
     period of recruitment begins on the date on which the job 
     order is posted on the online job registry and ends on the 
     date that H-2A workers depart for the employer's place of 
     employment. For a petition involving more than one start date 
     under subsection (h)(1)(C), the end of the period of 
     recruitment shall be determined by the date of departure of 
     the H-2A workers for the final start date identified in the 
     petition.
       ``(B) Requirement to hire us workers.--
       ``(i) In general.--Notwithstanding the limitations of 
     subparagraph (A), the employer will provide employment to any 
     qualified United States worker who applies to the employer 
     for any job opportunity included in the petition until the 
     later of--

       ``(I) the date that is 30 days after the date on which work 
     begins; or
       ``(II) the date on which--

       ``(aa) 33 percent of the work contract for the job 
     opportunity has elapsed; or
       ``(bb) if the employer is a labor contractor, 50 percent of 
     the work contract for the job opportunity has elapsed.
       ``(ii) Staggered entry.--For a petition involving more than 
     one start date under subsection (h)(1)(C), each start date 
     designated in the petition shall establish a separate job 
     opportunity. An employer may not reject a United States 
     worker because the worker is unable or unwilling to fill more 
     than one job opportunity included in the petition.
       ``(iii) Exception.--Notwithstanding clause (i), the 
     employer may offer a job opportunity to an H-2A worker 
     instead of an alien granted certified agricultural worker 
     status under title I of the Affordable and Secure Food Act of 
     2022 if the H-2A worker was employed by the employer in each 
     of 3 years during the 4-year period immediately preceding the 
     date of the enactment of such Act.
       ``(3) Recruitment report.--
       ``(A) In general.--The employer shall maintain a 
     recruitment report through the applicable period described in 
     paragraph (2)(B) and submit regular updates through the 
     electronic platform on the results of recruitment. The 
     employer shall retain the recruitment report, and all 
     associated recruitment documentation, for a period of 3 years 
     from the date of certification.
       ``(B) Burden of proof.--If the employer asserts that any 
     eligible individual who has applied or been referred is not 
     able, willing or qualified, the employer bears the burden of 
     proof to establish that the individual is not able, willing 
     or qualified because of a lawful, employment-related reason.
       ``(d) Wage Requirements.--
       ``(1) In general.--Each employer under this section will 
     offer the worker, during the period of authorized employment, 
     wages that are at least the greatest of--
       ``(A) the agreed-upon collective bargaining wage;
       ``(B) the adverse effect wage rate (or any successor wage 
     established under paragraph (7));
       ``(C) the prevailing wage (hourly wage or piece rate); or
       ``(D) the Federal or State minimum wage.
       ``(2) Adverse effect wage rate determinations.--
       ``(A) In general.--Except as provided under subparagraph 
     (B), the applicable adverse effect wage rate for each State 
     and classification for a calendar year shall be the annual 
     average hourly gross wage for all hired agricultural workers 
     in the State, as reported by the Secretary of Agriculture and 
     the Secretary of Labor based on a wage survey conducted by 
     such secretaries under subparagraph (C). If such wage is not 
     reported, the applicable wage shall be the State or regional 
     annual gross average hourly wage for all hired agricultural 
     workers based on the Agricultural Labor Wage survey conducted 
     pursuant to subparagraph (C).
       ``(B) Limitations on wage fluctuations.--
       ``(i) Wage freeze for calendar year 2023.--For calendar 
     year 2023, the adverse effect wage rate for each State 
     classification under this subsection shall be the adverse 
     effect wage rate that was in effect for H-2A workers in the 
     applicable State on the date of the enactment of the 
     Affordable and Secure Food Act of 2022.
       ``(ii) Calendar years 2024 through 2034.--For each of 
     calendar years 2024 through 2034, the adverse effect wage 
     rate for each State

[[Page S9691]]

     classification under this subsection shall be the wage 
     calculated under subparagraph (A), except that such wage may 
     not--

       ``(I) be more than 1.25 percent lower than the wage in 
     effect for H-2A workers in the applicable State 
     classification in the immediately preceding calendar year;
       ``(II) except as provided in clause (III), be more than 3 
     percent higher than the wage in effect for H-2A workers in 
     the applicable State classification in the immediately 
     preceding calendar year; and
       ``(III) if the application of clause (II) results in a wage 
     that is lower than 110 percent of the applicable Federal or 
     State minimum wage, be more than 4 percent higher than the 
     wage in effect for H-2A workers in the applicable State 
     classification in the immediately preceding calendar year.

       ``(iii) Calendar years after 2034.--For any calendar year 
     after 2034, the applicable wage rate described in paragraph 
     (1)(B) shall be the wage rate established pursuant to 
     paragraph (7)(D). Until such wage rate is effective, the 
     adverse effect wage rate for each State classification under 
     this subsection shall be the wage calculated under 
     subparagraph (A), except that such wage may not be more than 
     0.5 percent lower or 3 percent higher than the wage in effect 
     for H-2A workers in the applicable State classification in 
     the immediately preceding calendar year.
       ``(C) Wage surveys and data.--
       ``(i) Agricultural labor survey.--The Secretary of Labor, 
     in carrying out the responsibilities in setting the adverse 
     effect wage rate under subparagraph (A), shall rely on 
     statistically valid data from the Department of Agriculture 
     National Agricultural Statistics Service's annual findings 
     from the Agricultural Labor Survey (commonly referred to as 
     the `Farm Labor Survey').
       ``(ii) Form; data.--The Secretary of Agriculture shall 
     conduct the Agricultural Labor Survey in the form of a 
     quarterly survey of the number of hired agricultural workers, 
     the number of hours worked, and the total gross wages paid by 
     type of worker, including field workers, livestock workers, 
     and supervisors or managers, disaggregated by occupational 
     groups and other workers (who may be classified by the 
     Standard Occupational Classification system).
       ``(iii) Authorization of appropriations.--There is 
     authorized to be appropriated to the Secretary of Agriculture 
     and the Secretary of Labor, such sums as may be necessary for 
     the purposes of carrying out this subsection.
       ``(3) Publication; wages in effect.--
       ``(A) Publication.--Before the first day of each calendar 
     year, the Secretary of Labor shall publish the applicable 
     adverse effect wage rate (or successor wage rate, if any), 
     and prevailing wage, if available, for each State and 
     occupational classification through notice in the Federal 
     Register.
       ``(B) Job orders in effect.--Except as provided in 
     subparagraph (C), publication by the Secretary of Labor of an 
     updated adverse effect wage rate or prevailing wage for a 
     State and occupational classification shall not affect the 
     wage rate guaranteed in any approved job order for which work 
     has commenced at the time of publication.
       ``(C) Exception for year-round jobs.--If the Secretary of 
     Labor publishes an updated adverse effect wage rate or 
     prevailing wage for a State and occupational classification 
     concerning a petition described in subsection (i), and the 
     updated wage is higher than the wage rate guaranteed in the 
     work contract, the employer shall pay the updated wage not 
     later than 14 days after publication of the updated wage in 
     the Federal Register.
       ``(4) Productivity standard requirements.--If an employer 
     requires 1 or more minimum productivity standards as a 
     condition of job retention, such standards shall be specified 
     in the job order and shall be no more than those normally 
     required (at the time of the first petition for H-2A workers) 
     by other employers for the activity in the area of intended 
     employment, unless the Secretary of Labor approves a higher 
     minimum standard resulting from material changes in 
     production methods.
       ``(5) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee the 
     worker employment for the hourly equivalent of at least 80 
     percent of the work days of the total period of employment, 
     beginning with the first work day after the arrival of the 
     worker at the place of employment and ending on the date 
     specified in the job offer. For purposes of this 
     subparagraph, the hourly equivalent means the number of hours 
     in the work days as stated in the job offer and shall exclude 
     the worker's Sabbath and Federal holidays. If the employer 
     affords the worker less employment than that required under 
     this paragraph, the employer shall pay the worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment; termination for cause.--If 
     the worker voluntarily abandons employment without good cause 
     before the end of the contract period, or is terminated for 
     cause, the worker is not entitled to the guarantee of 
     employment described in subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster before the guarantee in subparagraph (A) is 
     fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed from the first work day 
     after the arrival of the worker to the termination of 
     employment. The employer shall make efforts to transfer a 
     worker to other comparable employment acceptable to the 
     worker. If such transfer is not affected, the employer shall 
     provide the return transportation required in subsection 
     (f)(2).
       ``(6) Wage standards after 2034.--
       ``(A) Study of adverse effect wage rate.--Beginning in 
     fiscal year 2031, the Secretary of Agriculture and the 
     Secretary of Labor shall jointly conduct a study that 
     addresses--
       ``(i) whether the employment of H-2A workers has depressed 
     the wages of United States farm workers;
       ``(ii) whether an adverse effect wage rate is necessary to 
     protect the wages of United States farm workers in 
     occupations in which H-2A workers are employed;
       ``(iii) whether alternative wage standards would be 
     sufficient to prevent wages in occupations in which H-2A 
     workers are employed from falling below the wage level that 
     would have prevailed in the absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(B) Final report.--Not later than October 1, 2032, the 
     Secretary of Agriculture and the Secretary of Labor shall 
     jointly prepare and submit a report to Congress setting forth 
     the findings of the study conducted under subparagraph (A) 
     and recommendations for future wage protections under this 
     section.
       ``(C) Consultation.--In conducting the study under 
     subparagraph (A) and preparing the report under subparagraph 
     (B), the Secretary of Agriculture and the Secretary of Labor 
     shall consult with representatives of agricultural employers 
     and an equal number of representatives of agricultural 
     workers, at the national, State and local level.
       ``(D) Wage determination after 2034.--Upon publication of 
     the report described in subparagraph (B), the Secretary of 
     Labor, in consultation with the Secretary of Agriculture, 
     shall make a rule to establish a process for annually 
     determining the wage rate for purposes of paragraph (1)(B) 
     for fiscal years after 2034. Such process shall be designed 
     to ensure that the employment of H-2A workers does not 
     undermine the wages and working conditions of similarly 
     employed United States workers.
       ``(e) Housing Requirements.--Employers shall furnish 
     housing in accordance with regulations established by the 
     Secretary of Labor. Such regulations shall be consistent with 
     the following:
       ``(1) In general.--The employer shall be permitted at the 
     employer's option to provide housing meeting applicable 
     Federal standards for temporary labor camps or to secure 
     housing which meets the local standards for rental and/or 
     public accommodations or other substantially similar class of 
     habitation: Provided, That in the absence of applicable local 
     standards, State standards for rental and/or public 
     accommodations or other substantially similar class of 
     habitation shall be met: Provided further, That in the 
     absence of applicable local or State standards, Federal 
     temporary labor camp standards shall apply.
       ``(2) Family housing.--Except as otherwise provided in 
     subsection (i)(5), the employer shall provide family housing 
     to workers with families who request it when it is the 
     prevailing practice in the area and occupation of intended 
     employment to provide family housing.
       ``(3) United states workers.--Notwithstanding paragraphs 
     (1) and (2), an employer is not required to provide housing 
     to United States workers who are reasonably able to return to 
     their residence within the same day.
       ``(4) Timing of inspection.--
       ``(A) In general.--The Secretary of Labor or designee shall 
     make a determination as to whether the housing furnished by 
     an employer for a worker meets the requirements imposed by 
     this subsection prior to the date on which the Secretary of 
     Labor is required to make a certification with respect to a 
     petition for the admission of such worker.
       ``(B) Timely inspection.--The Secretary of Labor shall 
     provide a process for--
       ``(i) an employer to request inspection of housing up to 60 
     days before the date on which the employer will file a 
     petition under this section; and
       ``(ii) annual inspection of housing for workers who are 
     engaged in agricultural employment that is not of a seasonal 
     or temporary nature.
       ``(f) Transportation Requirements.--
       ``(1) Travel to place of employment.--A worker who 
     completes 50 percent of the period of employment specified in 
     the job order

[[Page S9692]]

     shall be reimbursed by the employer for the cost of the 
     worker's transportation and subsistence from the place from 
     which the worker came to work for the employer (or place of 
     last employment, if the worker traveled from such place) to 
     the place of employment.
       ``(2) Travel from place of employment.--For a worker who 
     completes the period of employment specified in the job order 
     or who is terminated without cause, the employer shall 
     provide or pay for the worker's transportation and 
     subsistence from the place of employment to the place from 
     which the worker, disregarding intervening employment, came 
     to work for the employer, or to the place of next employment, 
     if the worker has contracted with a subsequent employer who 
     has not agreed to provide or pay for the worker's 
     transportation and subsistence to such subsequent employer's 
     place of employment.
       ``(3) Transportation between living quarters and place of 
     employment.--The employer shall provide transportation for a 
     worker between housing provided or secured by the employer 
     and the employer's place of employment at no cost to the 
     worker.
       ``(4) Limitation.--
       ``(A) Amount of reimbursement.--Except as provided in 
     subparagraph (B), the amount of reimbursement provided under 
     paragraph (1) or (2) to a worker need not exceed the lesser 
     of--
       ``(i) the actual cost to the worker of the transportation 
     and subsistence involved; or
       ``(ii) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.
       ``(B) Distance traveled.--For travel to or from the 
     worker's home country, if the travel distance between the 
     worker's home and the relevant consulate is 50 miles or less, 
     reimbursement for transportation and subsistence may be based 
     on transportation to or from the consulate.
       ``(g) Heat Illness Prevention Plan.--
       ``(1) In general.--The employer shall maintain a reasonable 
     plan that describes the employer's procedures for the 
     prevention of heat illness, including appropriate training, 
     access to water and shade, the provision of breaks, and the 
     protocols for emergency response. Such plan shall--
       ``(A) be in writing in English and, to the extent 
     necessary, any language common to a significant portion of 
     the workers if they are not fluent in English; and
       ``(B) be posted at a conspicuous location at the worksite 
     and provided to employees prior to the commencement of labor 
     or services.
       ``(2) Clarification.--Nothing in this subsection is 
     intended to limit any other Federal or State authority to 
     promulgate, enforce, or maintain health and safety standards 
     related to heat-related illness.
       ``(3) Template.--Not later than 1 year after the date of 
     the enactment of the Affordable and Secure Food Act of 2022, 
     the Secretary of Labor, acting through the Assistant 
     Secretary of Labor for Occupational Safety and Health, shall 
     publish, on the website of the Occupational Safety and Health 
     Administration, a template for a Heat Illness Prevention 
     Plan, which employers could use, at their discretion, to help 
     them develop such a plan.
       ``(h) H-2A Petition Procedures.--
       ``(1) Submission of petition and job order.--
       ``(A) In general.--The employer shall submit information 
     required for the adjudication of the H-2A petition, including 
     a job order, through the electronic platform no more than 75 
     calendar days and no fewer than 60 calendar days before the 
     employer's first date of need specified in the petition.
       ``(B) Filing by agricultural associations.--An association 
     of agricultural producers that use agricultural services may 
     file an H-2A petition under subparagraph (A). If an 
     association is a joint or sole employer of workers, including 
     agricultural cooperatives, who perform agricultural labor or 
     services, H-2A workers may be used for the approved job 
     opportunities of any of the association's producer members 
     and such workers may be transferred among its producer 
     members to perform the agricultural labor or services for 
     which the petition was approved.
       ``(C) Petitions involving staggered entry.--
       ``(i) In general.--Except as provided in clause (ii), an 
     employer may file a petition involving employment in the same 
     occupational classification and same area of intended 
     employment with multiple start dates if--

       ``(I) the petition involves temporary or seasonal 
     employment and no more than 10 start dates;
       ``(II) the multiple start dates share a common end date;
       ``(III) no more than 120 days separate the first start date 
     and the final start date listed in the petition; and
       ``(IV) the need for multiple start dates arises from 
     variations in labor needs associated with the job opportunity 
     identified in the petition.

       ``(ii) Labor contractors.--A labor contractor may not file 
     a petition described in clause (i).
       ``(2) Labor certification.--
       ``(A) Review of job order.--
       ``(i) In general.--The Secretary of Labor, in consultation 
     with the relevant State workforce agency, shall review the 
     job order for compliance with this section and notify the 
     employer through the electronic platform of any deficiencies 
     not later than 7 business days from the date the employer 
     submits the necessary information required under paragraph 
     (1)(A). The employer shall be provided 5 business days to 
     respond to any such notice of deficiency.
       ``(ii) Standard.--The job order must include all material 
     terms and conditions of employment, including the 
     requirements of this section, and must be otherwise 
     consistent with the minimum standards provided under Federal, 
     State or local law. In considering the question of whether a 
     specific qualification is appropriate in a job order, the 
     Secretary of Labor shall apply the normal and accepted 
     qualification required by non-H-2A employers in the same or 
     comparable occupations and crops.
       ``(iii) Emergency procedures.--The Secretary of Labor shall 
     establish emergency procedures for the curing of deficiencies 
     that cannot be resolved during the period described in clause 
     (i).
       ``(B) Approval of job order.--
       ``(i) In general.--Upon approval of the job order, the 
     Secretary of Labor shall immediately place for public 
     examination a copy of the job order on the online job 
     registry, and the State workforce agency serving the area of 
     intended employment shall commence the recruitment of United 
     States workers.
       ``(ii) Referral of united states workers.--The Secretary of 
     Labor and State workforce agency shall keep the job order 
     active until the end of the period described in subsection 
     (c)(2) and shall refer to the employer each United States 
     worker who applies for the job opportunity.
       ``(C) Review of information for deficiencies.--Not later 
     than 7 business days after the approval of the job order, the 
     Secretary of Labor shall review the information necessary to 
     make a labor certification and notify the employer through 
     the electronic platform if such information does not meet the 
     standards for approval. Such notification shall include a 
     description of any deficiency, and the employer shall be 
     provided 5 business days to cure such deficiency.
       ``(D) Certification and authorization of workers.--Not 
     later than 30 days before the date that labor or services are 
     first required to be performed, the Secretary of Labor shall 
     issue the requested labor certification if the Secretary 
     determines that the requirements set forth in this section 
     have been met.
       ``(E) Expedited administrative appeals of certain 
     determinations.--The Secretary of Labor shall by regulation 
     establish a procedure for an employer to request the 
     expedited review of a denial of a labor certification under 
     this section, or the revocation of such a certification. Such 
     procedure shall require the Secretary to expeditiously, but 
     no later than 72 hours after expedited review is requested, 
     issue a de novo determination on a labor certification that 
     was denied in whole or in part because of the availability of 
     able, willing and qualified workers if the employer 
     demonstrates, consistent with subsection (c)(3)(B), that such 
     workers are not actually available at the time or place such 
     labor or services are required.
       ``(3) Petition decision.--
       ``(A) In general.--Not later than 7 business days after the 
     Secretary of Labor issues the certification, the Secretary of 
     Homeland Security shall issue a decision on the petition and 
     shall transmit a notice of action to the petitioner via the 
     electronic platform.
       ``(B) Approval.--Upon approval of a petition under this 
     section, the Secretary of Homeland Security shall ensure that 
     such approval is noted in the electronic platform and is 
     available to the Secretary of State and U.S. Customs and 
     Border Protection, as necessary, to facilitate visa issuance 
     and admission.
       ``(C) Partial approval.--A petition for multiple named 
     beneficiaries may be partially approved with respect to 
     eligible beneficiaries notwithstanding the ineligibility, or 
     potential ineligibility, of one or more other beneficiaries.
       ``(D) Post-certification amendments.--The Secretary of 
     Labor shall provide a process for amending a request for 
     labor certification in conjunction with an H-2A petition, 
     subsequent to certification by the Secretary of Labor, in 
     cases in which the requested amendment does not materially 
     change the petition (including the job order).
       ``(4) Roles of agricultural associations.--
       ``(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that results in the denial of a petition 
     with respect to the member, the denial shall apply only to 
     that member of the association unless the Secretary of Labor 
     determines that the association or other member participated 
     in, had knowledge of, or reason to know of, the violation.
       ``(B) Association's violation does not necessarily 
     disqualify members.--
       ``(i) If an association representing agricultural producers 
     as a joint employer is determined to have committed an act 
     that results in the denial of a petition with respect to the 
     association, the denial shall apply only to the association 
     and does not apply to any individual producer member of the 
     association unless the Secretary of Labor determines that the 
     member participated in, had knowledge of, or reason to know 
     of, the violation.
       ``(ii) If an association of agricultural producers 
     certified as a sole employer is determined to have committed 
     an act that results in the denial of a petition with respect 
     to the association, no individual producer member of such 
     association may be the beneficiary of

[[Page S9693]]

     the services of H-2A workers in the commodity and occupation 
     in which such aliens were employed by the association which 
     was denied during the period such denial is in force, unless 
     such producer member employs such aliens in the commodity and 
     occupation in question directly or through an association 
     which is a joint employer of such workers with the producer 
     member.
       ``(5) Special procedures.--For occupations with established 
     special procedures that were in place on the date of the 
     enactment of the Affordable and Secure Food Act of 2022, the 
     Secretary of Labor, in consultation with the Secretary of 
     Agriculture and Secretary of Homeland Security, may by 
     regulation establish alternate procedures that reasonably 
     modify program requirements under this section, when the 
     Secretary determines that such modifications are required due 
     to the unique nature of the work involved.
       ``(6) Construction occupations.--An employer may not file a 
     petition under this section on behalf of a worker if the 
     majority of the worker's duties will fall within a 
     construction or extraction occupational classification.
       ``(7) Equines.--Notwithstanding the requirement under 
     section 101(a)(15)(H)(ii)(A) that the agricultural labor or 
     services performed by an H-2A worker be agricultural, the 
     Secretary of Homeland Security may approve a petition for an 
     H-2A worker to perform activities related to equines, 
     including the breeding, grooming, training, care, feeding, 
     management, competition, and racing of equines, without 
     regard to whether the specific service or activity is of a 
     temporary or seasonal nature.
       ``(i) Non-temporary or Non-seasonal Needs.--
       ``(1) In general.--Notwithstanding the requirement under 
     section 101(a)(15)(H)(ii)(a) that the agricultural labor or 
     services performed by an H-2A worker be of a temporary or 
     seasonal nature, the Secretary of Homeland Security may, 
     consistent with the provisions of this subsection, approve a 
     petition from a fixed site farm employer for an H-2A worker 
     to perform agricultural services or labor that is not of a 
     temporary or seasonal nature.
       ``(2) Numerical limitations.--
       ``(A) First 3 fiscal years.--The total number of aliens who 
     may be issued visas or otherwise provided H-2A nonimmigrant 
     status under paragraph (1) for the first fiscal year during 
     which the first visa is issued under such paragraph and for 
     each of the following 2 fiscal years may not exceed 26,000.
       ``(B) Fiscal years 4 through 10.--
       ``(i) In general.--The total number of aliens who may be 
     issued visas or otherwise provided H-2A nonimmigrant status 
     under paragraph (1) for the first fiscal year following the 
     fiscal years referred to in subparagraph (A) and for each of 
     the following 6 fiscal years may not exceed a numerical 
     limitation jointly imposed by the Secretary of Agriculture 
     and Secretary of Labor in accordance with clause (ii).
       ``(ii) Annual adjustments.--For each fiscal year referred 
     to in clause (i), the Secretary of Agriculture and the 
     Secretary of Labor, in consultation with the Secretary of 
     Homeland Security, shall establish the numerical limitation 
     referred to in clause (i). Such numerical limitation may not 
     be lower than 26,000 and may not vary by more than 15 percent 
     compared to the numerical limitation applicable to the 
     immediately preceding fiscal year. In establishing such 
     numerical limitation, the Secretaries shall consider 
     appropriate factors, including--

       ``(I) a demonstrated shortage of agricultural workers;
       ``(II) the level of unemployment and underemployment of 
     agricultural workers during the preceding fiscal year;
       ``(III) the number of H-2A workers sought by employers, 
     including the number of petitions filed for H-2A workers 
     during the preceding fiscal year to engage in agricultural 
     labor or services not of a temporary or seasonal nature;
       ``(IV) the number of such H-2A workers issued a visa in the 
     most recent fiscal year who remain in the United States in 
     compliance with the terms of such visa;
       ``(V) the estimated number of United States workers, 
     including workers who obtained certified agricultural worker 
     status under title I of the Affordable and Secure Food Act of 
     2022, who worked during the preceding fiscal year in 
     agricultural labor or services not of a temporary or seasonal 
     nature;
       ``(VI) the number of such United States workers who 
     accepted jobs offered by employers using the online job 
     registry during the preceding fiscal year;
       ``(VII) any growth or contraction of the United States 
     agricultural industry that has increased or decreased the 
     demand for agricultural workers; and
       ``(VIII) any changes in the real wages paid to agricultural 
     workers in the United States as an indication of a shortage 
     or surplus of agricultural labor.

       ``(iii) Annual report.--The Secretary of Agriculture and 
     the Secretary of Labor shall submit an annual report 
     containing the information described in clause (ii) to--

       ``(I) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       ``(II) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(III) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(IV) the Committee on the Judiciary of the Senate;
       ``(V) the Committee on Agriculture of the House of 
     Representatives;
       ``(VI) the Committee on Education and Labor of the House of 
     Representatives;
       ``(VII) the Committee on Homeland Security of the House of 
     Representatives; and
       ``(VIII) the Committee on the Judiciary of the House of 
     Representatives.

       ``(C) Subsequent fiscal years.--For each of the fiscal 
     years following the fiscal years referred to in subparagraph 
     (B), the Secretary of Agriculture and the Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     shall jointly determine, after considering appropriate 
     factors, including the factors listed in subclauses (I) 
     through (VIII) of subparagraph (B)(ii), whether to establish 
     or to no longer maintain a numerical limitation for such 
     fiscal year. If a numerical limitation is established for 
     such fiscal year--
       ``(i) such numerical limitation may not be lower than 
     number of aliens admitted under this subsection during the 
     fiscal year immediately preceding the fiscal year for which 
     the numerical limitation is to be established; and
       ``(ii) the total number of aliens who may be issued visas 
     or otherwise provided H-2A nonimmigrant status under 
     paragraph (1) for that fiscal year may not exceed such 
     numerical limitation.
       ``(D) Automatic adjustment for significant labor 
     shortages.--Not later than the last day of the third fiscal 
     year during which the first visa is issued under paragraph 
     (1), the Secretary of Agriculture and the Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     shall jointly establish, by regulation, procedures for 
     immediately adjusting a numerical limitation imposed under 
     subparagraph (B) or (C) to account for significant labor 
     shortages. Such regulations shall take into account the 
     factors set forth in subparagraph (B)(ii).
       ``(3) Allocation of visas.--
       ``(A) Bi-annual allocation.--The annual allocation of visas 
     described in paragraph (2) shall be evenly allocated between 
     two halves of the fiscal year unless the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Agriculture and Secretary of Labor, determines that an 
     alternative allocation would better accommodate demand for 
     visas. Any unused visas in the first half of the fiscal year 
     shall be added to the allocation for the subsequent half of 
     the same fiscal year.
       ``(B) Reserve for dairy labor or services.--
       ``(i) In general.--Of the visa numbers made available in 
     each half of the fiscal year pursuant to subparagraph (A), 50 
     percent of such visas shall be reserved for employers filing 
     petitions seeking H-2A workers to engage in agricultural 
     labor or services in the dairy industry.
       ``(ii) Exception.--If, after 4 months have elapsed in one 
     half of the fiscal year, the Secretary of Homeland Security 
     determines that application of clause (i) will result in 
     visas going unused during that half of the fiscal year, 
     clause (i) shall not apply to visas under this paragraph 
     during the remainder of such calendar half.
       ``(C) Reserve for small farmer labor or services.--
       ``(i) In general.--Except as provided in clause (ii), of 
     the visas made available during each 6 month period of a 
     fiscal year pursuant to subparagraph (A), 20 percent shall be 
     reserved for employers (excluding employers eligible for a 
     reserve under subparagraph (B)) with fewer than 50 domestic 
     employees that file a petition seeking H-2A workers to engage 
     in agricultural labor or services.
       ``(ii) Exception.--If, after 4 months have elapsed in \1/2\ 
     of the fiscal year, the Secretary of Homeland Security 
     determines that the application of clause (i) will result in 
     visas going unused during that 6-month period, clause (i) 
     shall not apply to visas under this paragraph during the 
     remainder of such 6-month period.
       ``(D) Limited allocation for certain special procedures 
     industries.--
       ``(i) In general.--Notwithstanding the numerical 
     limitations under paragraph (2), up to 550 aliens may be 
     issued visas or otherwise provided H-2A nonimmigrant status 
     under paragraph (1) in a fiscal year for range sheep or goat 
     herding.
       ``(ii) Limitation.--The total number of aliens in the 
     United States in valid H-2A status under clause (i) at any 
     one time may not exceed 550.
       ``(iii) Clarification.--Any visas issued under this 
     subparagraph may not be considered for purposes of the annual 
     adjustments under subparagraphs (B) and (C) of paragraph (2).
       ``(4) Annual round trip home.--
       ``(A) In general.--In addition to the other requirements of 
     this section, an employer shall provide H-2A workers employed 
     under this subsection, at no cost to such workers, with 
     annual round trip travel, including transportation and 
     subsistence during travel, to their homes in their 
     communities of origin. The employer must provide such travel 
     within 14 months of the initiation of the worker's 
     employment, and no more than 14 months can elapse between 
     each required period of travel.
       ``(B) Limitation.--The cost of travel under subparagraph 
     (A) need not exceed the lesser of--
       ``(i) the actual cost to the worker of the transportation 
     and subsistence involved; or

[[Page S9694]]

       ``(ii) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.
       ``(5) Family housing.--An employer seeking to employ an H-
     2A worker pursuant to this subsection shall offer family 
     housing to workers with families if such workers are engaged 
     in agricultural employment that is not of a seasonal or 
     temporary nature. The worker may reject such an offer. The 
     employer may not charge the worker for the worker's housing, 
     except that if the worker accepts family housing, a prorated 
     rent based on the fair market value for such housing may be 
     charged for the worker's family members.
       ``(6) Workplace safety plan for year-round employees.--
       ``(A) In general.--If an employer is seeking to employ a 
     worker in agricultural labor or services pursuant to this 
     subsection, the employer shall report all work-related 
     incidents in accordance with the requirements under section 
     1904.39 of title 29, Code of Federal Regulations, and 
     maintain an effective worksite safety and compliance plan to 
     prevent workplace accidents and otherwise ensure safety. Such 
     plan shall--
       ``(i) be in writing in English and, to the extent 
     necessary, any language common to a significant portion of 
     the workers if they are not fluent in English; and
       ``(ii) be posted at a conspicuous location at the worksite 
     and provided to employees prior to the commencement of labor 
     or services.
       ``(B) Contents of plan.--The Secretary of Labor, in 
     consultation with the Secretary of Agriculture, shall 
     establish by regulation the minimum requirements for the plan 
     described in subparagraph (A). Such plan shall include 
     measures to--
       ``(i) require workers (other than the employer's family 
     members) whose positions require contact with animals to 
     complete animal care training, including animal handling and 
     job-specific animal care;
       ``(ii) protect against sexual harassment and violence, 
     resolve complaints involving harassment or violence, and 
     protect against retaliation against workers reporting 
     harassment or violence; and
       ``(iii) contain other provisions necessary for ensuring 
     workplace safety, as determined by the Secretary of Labor, in 
     consultation with the Secretary of Agriculture.
       ``(C) Clarification.--Nothing in this paragraph is 
     intended--
       ``(i) to apply to persons or entities that are not seeking 
     to employ workers under this section; or
       ``(ii) to limit any other Federal or State authority to 
     promulgate, enforce, or maintain health and safety standards 
     related to the dairy industry.
       ``(j) Eligibility for H-2A Status and Admission to the 
     United States.--
       ``(1) Disqualification.--An alien shall be ineligible for 
     admission to the United States as an H-2A worker pursuant to 
     a petition filed under this section if the alien was admitted 
     to the United States as an H-2A worker within the past 5 
     years of the date the petition was filed and--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission has 
     expired, unless the alien has good cause for such failure to 
     depart; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as an H-2A worker.
       ``(2) Visa validity.--A visa issued to an H-2A worker shall 
     be valid for 3 years and shall allow for multiple entries 
     during the approved period of admission.
       ``(3) Period of authorized stay; admission.--
       ``(A) In general.--An alien admissible as an H-2A worker 
     shall be authorized to stay in the United States for the 
     period of employment specified in the petition approved by 
     the Secretary of Homeland Security under this section. The 
     maximum continuous period of authorized stay for an H-2A 
     worker is 36 months.
       ``(B) Requirement to remain outside the united states.--In 
     the case of an H-2A worker whose maximum continuous period of 
     authorized stay (including any extensions) has expired, the 
     alien may not again be eligible for such stay until the alien 
     remains outside the United States for a cumulative period of 
     at least 45 days.
       ``(C) Exceptions.--The Secretary of Homeland Security shall 
     deduct absences from the United States that take place during 
     an H-2A worker's period of authorized stay from the period 
     that the alien is required to remain outside the United 
     States under subparagraph (B), if the alien or the alien's 
     employer requests such a deduction, and provides clear and 
     convincing proof that the alien qualifies for such a 
     deduction. Such proof shall consist of evidence including, 
     but not limited to, arrival and departure records, copies of 
     tax returns, and records of employment abroad.
       ``(D) Admission.--In addition to the maximum continuous 
     period of authorized stay, an H-2A worker's authorized period 
     of admission shall include an additional period of 10 days 
     prior to the beginning of the period of employment for the 
     purpose of traveling to the place of employment and 45 days 
     at the end of the period of employment for the purpose of 
     traveling home or seeking an extension of status based on a 
     subsequent offer of employment if the worker has not reached 
     the maximum continuous period of authorized stay under 
     subparagraph (A) (subject to the exceptions in subparagraph 
     (C)).
       ``(4) Continuing h-2a workers.--
       ``(A) Successive employment.--An H-2A worker is authorized 
     to start new or concurrent employment upon the filing of a 
     nonfrivolous H-2A petition, or as of the requested start 
     date, whichever is later if--
       ``(i) the petition to start new or concurrent employment 
     was filed prior to the expiration of the H-2A worker's period 
     of admission as defined in paragraph (3)(D); and
       ``(ii) the H-2A worker has not been employed without 
     authorization in the United States from the time of last 
     admission to the United States in H-2A status through the 
     filing of the petition for new employment.
       ``(B) Protection due to immigrant visa backlogs.--
     Notwithstanding the limitations on the period of authorized 
     stay described in paragraph (3), any H-2A worker who--
       ``(i) is the beneficiary of an approved petition, filed 
     under section 204(a)(1)(E) or (F) for preference status under 
     section 203(b)(3)(A)(iii); and
       ``(ii) is eligible to be granted such status but for the 
     annual limitations on visas under section 203(b)(3)(A),
     may apply for, and the Secretary of Homeland Security may 
     grant, an extension of such nonimmigrant status until the 
     Secretary of Homeland Security issues a final administrative 
     decision on the alien's application for adjustment of status 
     or the Secretary of State issues a final decision on the 
     alien's application for an immigrant visa.
       ``(5) Abandonment of employment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an H-2A worker who abandons the employment which was the 
     basis for the worker's authorized stay, without good cause, 
     shall be considered to have failed to maintain H-2A status 
     and shall depart the United States or be subject to removal 
     under section 237(a)(1)(C)(i).
       ``(B) Grace period to secure new employment.--An H-2A 
     worker shall not be considered to have failed to maintain H-
     2A status solely on the basis of a cessation of the 
     employment on which the alien's classification was based for 
     a period of 45 consecutive days, or until the end of the 
     authorized validity period, whichever is shorter, once during 
     each authorized validity period.
       ``(k) Required Disclosures.--
       ``(1) Disclosure of work contract.--Not later than the time 
     at which an H-2A worker applies for a visa, or not later than 
     the date on which work commences for a worker in 
     corresponding employment, the employer shall provide such 
     worker with a copy of the work contract, which shall includes 
     all of the provisions under this section, or, in the absence 
     of such a contract, a copy of the job order and the 
     certification described in subparagraphs (B) and (D) of 
     subsection (h)(2)), which shall be deemed to be the work 
     contract. An H-2A worker moving from one H-2A employer to a 
     subsequent H-2A employer shall be provided with a copy of the 
     new employment contract no later than the time at which an 
     offer of employment is made by the subsequent employer.
       ``(2) Hours and earnings statements.--The employer shall 
     furnish to H-2A workers, on or before each payday, in one or 
     more written statements--
       ``(A) the H-2A worker's total earnings for the pay period;
       ``(B) the H-2A worker's hourly rate of pay, piece rate of 
     pay, or both;
       ``(C) the hours of employment offered to the H-2A worker 
     and the hours of employment actually worked by the H-2A 
     worker;
       ``(D) if piece rates of pay are used, the units produced 
     daily by the H-2A worker;
       ``(E) an itemization of the deductions made from the H-2A 
     worker's wages; and
       ``(F) any other information required by Federal, State or 
     local law.
       ``(3) Notice of worker rights.--The employer shall post and 
     maintain, in a conspicuous location at the place of 
     employment, a poster provided by the Secretary of Labor in 
     English, and, to the extent necessary, any language common to 
     a significant portion of the workers if they are not fluent 
     in English, which sets out the rights and protections for 
     workers employed pursuant to this section.
       ``(l) Labor Contractors; Foreign Labor Recruiters; 
     Prohibition on Fees.--
       ``(1) Labor contractors.--
       ``(A) Surety bond.--An employer that is a labor contractor 
     who seeks to employ H-2A workers shall maintain a surety bond 
     in an amount required under subparagraph (B). Such bond shall 
     be payable to the Secretary of Labor or pursuant to the 
     resolution of a civil or criminal proceeding, for the payment 
     of wages and benefits, including any assessment of interest, 
     owed to an H-2A worker or a similarly employed worker, or a 
     worker who has been rejected or displaced in violation of 
     this section.
       ``(B) Amount of bond.--The Secretary of Labor shall 
     annually publish in the Federal Register a schedule of 
     required bond amounts that are determined by such Secretary 
     to be sufficient for labor contractors to discharge financial 
     obligations under this section based on the number of workers 
     the labor contractor seeks to employ and the wages such 
     workers are required to be paid.
       ``(C) Use of funds.--Any sums paid to the Secretary under 
     subparagraph (A) that are not paid to a worker because of the 
     inability to do so within a period of 5 years following the 
     date of a violation giving rise to the obligation to pay 
     shall remain available to the Secretary without further 
     appropriation until expended to support the enforcement of 
     this section.

[[Page S9695]]

       ``(2) Foreign labor recruiting.--If the employer has 
     retained the services of a foreign labor recruiter, the 
     employer shall use a foreign labor recruiter registered under 
     section 251 of the Affordable and Secure Food Act of 2022.
       ``(3) Prohibition against employees paying fees.--Neither 
     the employer nor its agents shall seek or receive payment of 
     any kind from any worker for any activity related to the H-2A 
     process, including payment of the employer's attorneys' fees, 
     application fees, or recruitment costs. An employer and its 
     agents may receive reimbursement for costs that are the 
     responsibility and primarily for the benefit of the worker, 
     such as government-required passport fees.
       ``(4) Third party contracts.--The contract between an 
     employer and any labor contractor or any foreign labor 
     recruiter (or any agent of such labor contractor or foreign 
     labor recruiter) whom the employer engages shall include a 
     term providing for the termination of such contract for cause 
     if the contractor or recruiter, either directly or 
     indirectly, in the placement or recruitment of H-2A workers 
     seeks or receives payments or other compensation from 
     prospective employees. Upon learning that a labor contractor 
     or foreign labor recruiter has sought or collected such 
     payments, the employer shall so terminate any contracts with 
     such contractor or recruiter.
       ``(m) Enforcement Authority.--
       ``(1) In general.--The Secretary of Labor is authorized to 
     take such actions against employers, including issuing 
     subpoenas, imposing appropriate penalties, and seeking 
     monetary and injunctive relief and specific performance of 
     contractual obligations, as may be necessary to ensure 
     compliance with the requirements of this section and with the 
     applicable terms and conditions of employment. The Solicitor 
     of Labor may appear on behalf of and represent the Secretary 
     of Labor in any civil litigation brought under this chapter, 
     but all such litigation shall be subject to the direction and 
     control of the Attorney General.
       ``(2) Complaint process.--
       ``(A) Process.--The Secretary of Labor shall establish a 
     process for the receipt, investigation, and disposition of 
     complaints alleging failure of an employer to comply with the 
     requirements under this section and with the applicable terms 
     and conditions of employment.
       ``(B) Filing.--A complaint referred to in subparagraph (A) 
     may be filed not later than 2 years after the date of the 
     conduct that is the subject of the complaint.
       ``(C) Complaint not exclusive.--A complaint filed under 
     this paragraph is not an exclusive remedy and the filing of 
     such a complaint does not waive any rights or remedies of the 
     aggrieved party under this law or other laws.
       ``(D) Decision and remedies.--If the Secretary of Labor 
     finds, after notice and opportunity for a hearing, that the 
     employer failed to comply with the requirements of this 
     section or the terms and conditions of employment, the 
     Secretary of Labor may require payment of unpaid wages, 
     unpaid benefits, fees assessed in violation of this section, 
     damages, and civil money penalties. The Secretary is also 
     authorized to impose other administrative remedies, including 
     disqualification of the employer from utilizing the H-2A 
     program for a period of up to 5 years in the event of willful 
     or multiple material violations. The Secretary is authorized 
     to permanently disqualify an employer from utilizing the H-2A 
     program upon a subsequent finding involving willful or 
     multiple material violations.
       ``(E) Disposition of penalties.--Civil penalties collected 
     under this paragraph shall be deposited into the H-2A Labor 
     Certification Fee Account established under section 203 of 
     the Affordable and Secure Food Act of 2022.
       ``(3) Statutory construction.--Nothing in this subsection 
     may be construed as limiting the authority of the Secretary 
     of Labor to conduct an investigation--
       ``(A) under any other law, including any law affecting 
     migrant and seasonal agricultural workers; or
       ``(B) in the absence of a complaint.
       ``(4) Retaliation prohibited.--It is a violation of this 
     subsection for any person to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or in any other manner 
     discriminate against, or to cause any person to intimidate, 
     threaten, restrain, coerce, blacklist, or in any manner 
     discriminate against, an employee, including a former 
     employee or an applicant for employment, because the 
     employee--
       ``(A) has disclosed information to the employer, or to any 
     other person, that the employee reasonably believes evidences 
     a violation under this section, or any rule or regulation 
     relating to this section;
       ``(B) has filed a complaint concerning the employer's 
     compliance with the requirements under this section or any 
     rule or regulation pertaining to this section;
       ``(C) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning the employer's compliance with 
     the requirements under this section or any rule or regulation 
     pertaining to this section; or
       ``(D) has taken steps to exercise or assert any right or 
     protection under the provisions of this section, or any rule 
     or regulation pertaining to this section, or any other 
     relevant Federal, State, or local law.
       ``(5) Interagency communication.--The Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     Secretary of State and the Equal Employment Opportunity 
     Commission, shall establish mechanisms by which the agencies 
     and their components share information, including by public 
     electronic means, regarding complaints, studies, 
     investigations, findings and remedies regarding compliance by 
     employers with the requirements of the H-2A program and other 
     employment-related laws and regulations.
       ``(n) Definitions.--In this section:
       ``(1) Displace.--The term `displace' means to lay off a 
     similarly employed United States worker, other than for 
     lawful job-related reasons, in the occupation and area of 
     intended employment for the job for which H-2A workers are 
     sought.
       ``(2) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(3) Job order.--The term `job order' means the document 
     containing the material terms and conditions of employment, 
     including obligations and assurances required under this 
     section or any other law.
       ``(4) Online job registry.--The term `online job registry' 
     means the online job registry of the Secretary of Labor 
     required under section 201(b) of the Affordable and Secure 
     Food Act of 2022 (or similar successor registry).
       ``(5) Similarly employed.--The term `similarly employed', 
     in the case of a worker, means a worker in the same 
     occupational classification as the classification or 
     classifications for which the H-2A worker is sought.
       ``(6) United states worker.--The term `United States 
     worker' means any worker who is--
       ``(A) a citizen or national of the United States;
       ``(B) an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, is 
     granted asylum under section 208, or is an immigrant 
     otherwise authorized to be employed in the United States;
       ``(C) an alien granted certified agricultural worker status 
     under title I of the Affordable and Secure Food Act of 2022; 
     or
       ``(D) an individual who is not an unauthorized alien (as 
     defined in section 274A(h)(3)) with respect to the employment 
     in which the worker is engaging.
       ``(o) Fees; Authorization of Appropriations.--
       ``(1) Fees.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee to process petitions under this section. Such 
     fee shall be set at a level that is sufficient to recover the 
     reasonable costs of processing the petition, including the 
     reasonable costs of providing labor certification by the 
     Secretary of Labor.
       ``(B) Distribution.--Fees collected under subparagraph (A) 
     shall be deposited as offsetting receipts into the 
     immigration examinations fee account in section 286(m), 
     except that the portion of fees assessed for the Secretary of 
     Labor shall be deposited into the H-2A Labor Certification 
     Fee Account established pursuant to section 203(c) of the 
     Affordable and Secure Food Act of 2022.
       ``(2) Appropriations.--There are authorized to be 
     appropriated for each fiscal year such sums as necessary for 
     the purposes of--
       ``(A) recruiting United States workers for labor or 
     services which might otherwise be performed by H-2A workers, 
     including by ensuring that State workforce agencies are 
     sufficiently funded to fulfill their functions under this 
     section;
       ``(B) enabling the Secretary of Labor to make 
     determinations and certifications under this section and 
     under section 212(a)(5)(A)(i);
       ``(C) monitoring and enforcing the terms and conditions 
     under which H-2A workers (and United States workers employed 
     by the same employers) are employed in the United States; and
       ``(D) enabling the Secretary of Agriculture to carry out 
     the Secretary of Agriculture's duties and responsibilities 
     under this section.''.

     SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.

       (a) Responsibilities of the Secretary of Labor.--With 
     respect to the administration of the H-2A nonimmigrant visa 
     program (referred to in this section as the ``H-2A 
     program''), the Secretary of Labor shall be responsible for--
       (1) consulting with State workforce agencies to--
       (A) review and process job orders;
       (B) facilitate the recruitment and referral of able, 
     willing and qualified United States workers who will be 
     available at the time and place needed;
       (C) determine prevailing wages and practices; and
       (D) conduct timely inspections to ensure compliance with 
     applicable Federal, State, or local housing standards and 
     Federal regulations for H-2A housing;
       (2) determining whether the employer has met the conditions 
     for approval of the H-2A nonimmigrant visa petition described 
     in section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188);
       (3) determining, in consultation with the Secretary of 
     Agriculture, whether a job opportunity is of a seasonal or 
     temporary nature;
       (4) determining whether the employer has complied or will 
     comply with the H-2A program requirements set forth in 
     section 218 of the Immigration and Nationality Act (8 U.S.C. 
     1188);

[[Page S9696]]

       (5) processing and investigating complaints consistent with 
     section 218(m) of the Immigration and Nationality Act (8 
     U.S.C. 1188(m));
       (6) referring any matter as appropriate to the Inspector 
     General of the Department of Labor for investigation;
       (7) ensuring that guidance to State workforce agencies to 
     conduct wage surveys is regularly updated; and
       (8) issuing such rules and regulations as are necessary to 
     carry out the Secretary of Labor's responsibilities under 
     this division and the amendments made by this division.
       (b) Responsibilities of the Secretary of Homeland 
     Security.--With respect to the administration of the H-2A 
     program, the Secretary of Homeland Security shall be 
     responsible for--
       (1) adjudicating petitions for the admission of 
     nonimmigrants described in section 101(a)(15)(H)(2)(a) 
     (referred to in this title as ``H-2A workers''), which shall 
     include an assessment as to whether each beneficiary will be 
     employed in accordance with the terms and conditions of the 
     certification and whether any named beneficiaries qualify for 
     such employment;
       (2) transmitting a copy of the final decision on the 
     petition to the employer, and in the case of approved 
     petitions, ensuring that the petition approval is reflected 
     in the electronic platform to facilitate the prompt issuance 
     of a visa by the Department of State (if required) and the 
     admission of the H-2A workers to the United States;
       (3) establishing a reliable and secure method through which 
     H-2A workers can access information about their H-2A visa 
     status, including information on pending, approved, or denied 
     petitions to extend such status;
       (4) investigating and preventing fraud in the program, 
     including the utilization of H-2A workers for other than 
     allowable agricultural labor or services; and
       (5) issuing such rules and regulations as are necessary to 
     carry out the Secretary of Homeland Security's 
     responsibilities under this division and the amendments made 
     by this division.
       (c) Establishment of Account; Use of Funds.--
       (1) Establishment of account.--There is established in the 
     general fund of the Treasury a separate account, which shall 
     be known as the ``H-2A Labor Certification Fee Account''. 
     Notwithstanding any other provisions of law, there shall be 
     deposited as offsetting receipts into the account all 
     amounts--
       (A) collected as a civil penalty under section 218(m)(2)(E) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1188(m)(2)(E)); and
       (B) collected as a fee under section 218(o)(1)(B) of such 
     Act (8 U.S.C. 1188(o)(1)(B)).
       (2) Use of funds.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, amounts deposited into the H-2A Labor 
     Certification Fee Account shall be available (except as 
     otherwise provided in this paragraph) without fiscal year 
     limitation and without the requirement for specification in 
     appropriations Acts to the Secretary of Labor for use, 
     directly or through grants, contracts, or other arrangements, 
     in such amounts as the Secretary of Labor determines are 
     necessary for the costs of Federal and State administration 
     in carrying out activities in connection with labor 
     certification under section 218 of the Immigration and 
     Nationality Act (8 U.S.C. 1188).
       (B) Examples of approved costs.--Costs authorized under 
     subparagraph (A) may include--
       (i) personnel salaries and benefits;
       (ii) equipment and infrastructure for adjudication and 
     customer service processes;
       (iii) the operation and maintenance of an on-line job 
     registry; and
       (iv) program integrity activities.
       (C) Considerations.--In determining what amounts to 
     transfer to States for State administration in carrying out 
     activities in connection with labor certification under 
     section 218 of the Immigration and Nationality Act, the 
     Secretary shall--
       (i) consider the number of H-2A workers employed in such 
     State; and
       (ii) adjust the amount transferred to such State based on 
     the proportion of H-2A workers employed in such State.
       (D) Audits; criminal investigations.--Ten percent of the 
     amounts deposited into the H-2A Labor Certification Fee 
     Account pursuant to paragraph (1) shall be available to the 
     Office of Inspector General of the Department of Labor to 
     conduct audits and criminal investigations relating to 
     foreign labor certification programs.
       (3) Additional funds.--Amounts available under paragraph 
     (1) shall be available in addition to any other funds 
     appropriated or made available to the Department of Labor 
     under other laws, including section 218(o)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1188(o)(2)).

     SEC. 204. WORKER PROTECTION AND COMPLIANCE.

       (a) Equality of Treatment.--H-2A workers may not be denied 
     any right or remedy under any Federal, State, or local labor 
     or employment law applicable to United States workers engaged 
     in agricultural employment.
       (b) Applicability of Other Laws.--
       (1) Migrant and seasonal agricultural worker protection 
     act.--H-2A workers shall be considered migrant agricultural 
     workers for purposes of the Migrant and Seasonal Agricultural 
     Worker Protection Act (29 U.S.C. 1801 et seq.).
       (2) Waiver of rights prohibited.--Agreements by H-2A 
     workers to waive or modify any rights or protections under 
     this division or section 218 of the Immigration and 
     Nationality Act, as amended by section 202, shall be 
     considered void or contrary to public policy except as 
     provided in a collective bargaining agreement with a bona 
     fide labor organization.
       (3) Frivolous lawsuits prohibited.--A legal representative 
     of an H-2A worker who seeks to enforce rights guaranteed 
     under this division or under section 218 of the Immigration 
     and Nationality Act, as amended by section 202, shall comply 
     with Rules 8 and 11 of the Federal Rules of Civil Procedure.
       (4) Demand letter prohibitions.--A legal representative of 
     an H-2A worker, or a class of workers, may not send a demand 
     letter to the employer of such worker, or class of workers, 
     regarding a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) 
     and demanding a monetary payment without a good faith basis 
     that there are sufficient facts to support such an 
     allegation.
       (5) Third-party lawsuits.--All named plaintiffs in a 
     lawsuit against the employer of an H-2A worker shall be a 
     real party in interest and may not be a third party who is 
     not an H-2A worker, except as otherwise expressly permitted 
     under this division or any other law.
       (6) Mediation.--
       (A) Free mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under this section between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       (B) Lawsuits.--If an H-2A worker files a civil lawsuit 
     alleging 1 or more violations of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), 
     not later than 60 days after filing proof of service of the 
     complaint, a party to the lawsuit may file a request with the 
     Federal Mediation and Conciliation Service to assist the 
     parties in reaching a satisfactory resolution of all issues 
     involving all parties to the dispute.
       (C) Notice.--Upon filing a request under subparagraph (B) 
     and giving of notice to the parties, the parties shall 
     attempt mediation within the period specified in subparagraph 
     (D), except that nothing in this paragraph shall limit the 
     ability of a court to order preliminary injunctive relief to 
     protect health and safety or to otherwise prevent irreparable 
     harm.
       (D) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives a request for assistance under 
     subparagraph (B) unless the parties agree to an extension of 
     such period.
       (E) Authorization of appropriations.--
       (i) In general.--Subject to clause (ii), there is 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $5,600,000 for fiscal year 2023 and 
     $4,600,000 for each of the following fiscal years to carry 
     out this subparagraph.
       (ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized--

       (I) to conduct the mediation or other dispute resolution 
     activities from any other account containing amounts 
     available to the Director; and
       (II) to reimburse such account with amounts appropriated 
     pursuant to clause (i).

       (F) Private mediation.--If all parties agree, a private 
     mediator may be employed as an alternative to the Federal 
     Mediation and Conciliation Service.
       (c) Farm Labor Contractor Requirements.--
       (1) Surety bonds.--
       (A) Requirement.--Section 101 of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1811), is 
     amended by adding at the end the following:
       ``(e) A farm labor contractor shall maintain a surety bond 
     in an amount determined by the Secretary to be sufficient for 
     ensuring the ability of the farm labor contractor to 
     discharge its financial obligations, including payment of 
     wages and benefits to employees. Such a bond shall be 
     available to satisfy any amounts ordered to be paid by the 
     Secretary or by court order for failure to comply with the 
     obligations of this Act. The Secretary of Labor shall 
     annually publish in the Federal Register a schedule of 
     required bond amounts that are determined by such Secretary 
     to be sufficient for farm labor contractors to discharge 
     financial obligations based on the number of workers to be 
     covered.''.
       (B) Registration determinations.--Section 103(a) of the 
     Migrant and Seasonal Agricultural Worker Protection Act (29 
     U.S.C. 1813(a)), is amended--
       (i) in paragraph (4), by striking ``or'' at the end;
       (ii) in paragraph (5)(B), by striking ``or'' at the end;
       (iii) in paragraph (6), by striking the period at the end 
     and inserting ``;''; and
       (iv) by adding at the end the following:
       ``(7) has failed to maintain a surety bond in compliance 
     with section 101(e); or
       ``(8) has been disqualified by the Secretary of Labor from 
     importing nonimmigrants described in section 
     101(a)(15)(H)(ii) of the Immigration and Nationality Act.''.
       (2) Successors in interest.--

[[Page S9697]]

       (A) Declaration.--Section 102 of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1812), is 
     amended--
       (i) in paragraph (4), by striking ``and'' at the end;
       (ii) in paragraph (5), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(6) a declaration, subscribed and sworn to by the 
     applicant, stating whether the applicant has a familial, 
     contractual, or employment relationship with, or shares 
     vehicles, facilities, property, or employees with, a person 
     who has been refused issuance or renewal of a certificate, or 
     has had a certificate suspended or revoked, pursuant to 
     section 103.''.
       (B) Rebuttable presumption.--Section 103 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1813), 
     as amended by this division, is further amended by inserting 
     after subsection (a) the following new subsection (and by 
     redesignating the subsequent subsections accordingly):
       ``(b)(1) There shall be a rebuttable presumption that an 
     applicant for issuance or renewal of a certificate is not the 
     real party in interest in the application if the applicant--
       ``(A) is the immediate family member of any person who has 
     been refused issuance or renewal of a certificate, or has had 
     a certificate suspended or revoked; and
       ``(B) identifies a vehicle, facility, or real property 
     under paragraph (2) or (3) of section 102 that has been 
     previously listed by a person who has been refused issuance 
     or renewal of a certificate, or has had a certificate 
     suspended or revoked.
       ``(2) An applicant described in paragraph (1) bears the 
     burden of demonstrating to the Secretary's satisfaction that 
     the applicant is the real party in interest in the 
     application.''.
       (d) Conforming Amendment.--Section 3(8)(B) of the Migrant 
     and Seasonal Agricultural Worker Protection Act (29 U.S.C. 
     1802(8)(B) is amended to read as follows:
       ``(B) The term `migrant agricultural worker' does not 
     include any immediate family member of an agricultural 
     employer or a farm labor contractor.''.

     SEC. 205. REPORT ON WAGE PROTECTIONS.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, and every 3 years thereafter, the 
     Secretary of Labor and the Secretary of Agriculture shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives that addresses--
       (1) whether, and the manner in which, the employment of H-
     2A workers in the United States has impacted the wages, 
     working conditions, or job opportunities of United States 
     farm workers;
       (2) whether, and the manner in which, the adverse effect 
     wage rate increases or decreases wages on United States 
     farms, broken down by geographic region and farm size;
       (3) whether any potential impact of the adverse effect wage 
     rate varies based on the percentage of workers in a 
     geographic region that are H-2A workers;
       (4) the degree to which the adverse effect wage rate is 
     affected by the inclusion in wage surveys of piece rate 
     compensation, bonus payments, and other pay incentives, and 
     whether such forms of incentive compensation should be 
     surveyed and reported separately from hourly base rates;
       (5) whether, and the manner in which, other factors may 
     artificially affect the adverse effect wage rate, including 
     factors that may be specific to a region, State, or region 
     within a State;
       (6) whether, and the manner in which, the H-2A program 
     affects the ability of United States farms to compete with 
     agricultural commodities imported from outside the United 
     States;
       (7) the number and percentage of farm workers in the United 
     States whose incomes are below the poverty line;
       (8) whether alternative wage standards would be sufficient 
     to prevent wages in occupations in which H-2A workers are 
     employed from falling below the wage level that would have 
     prevailed in the absence of the H-2A program;
       (9) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       (10) recommendations for future wage protection for United 
     States farm workers.
       (b) Interviews.--In gathering information for the report 
     required subsection (a), the Secretary of Labor and the 
     Secretary of Agriculture shall interview equal numbers of 
     representatives of agricultural employers and agricultural 
     workers, both locally and nationally.

     SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM.

       (a) Establishment of Pilot Program.--
       (1) In general.--
       (A) Rulemaking.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Labor and the 
     Secretary of Agriculture, shall promulgate regulations 
     establishing a 6-year pilot program to facilitate the free 
     movement and employment of temporary or seasonal H-2A workers 
     to perform agricultural labor or services for agricultural 
     employers registered with the Secretary of Agriculture.
       (B) Program requirements.--Notwithstanding the requirements 
     under section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188), the regulations promulgated pursuant to 
     subparagraph (A) shall establish the requirements for the 
     pilot program in accordance with subsection (b).
       (C) Defined terms.--In this section:
       (i) Portable h-2a worker.--The term ``portable H-2A 
     worker'' means an H-2A worker described in subparagraph (A).
       (ii) Portable h-2a status.--The term ``portable H-2A 
     status'' means the immigration status of a portable H-2A 
     worker.
       (2) Online platform.--
       (A) Establishment.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, shall establish and maintain an online 
     electronic platform to connect portable H-2A workers with 
     registered agricultural employers seeking workers to perform 
     temporary or seasonal agricultural labor or services.
       (B) Posting of job opportunities.--Employers shall post 
     information regarding available job opportunities on the 
     platform established pursuant to subparagraph (A), which 
     shall include--
       (i) a description of the nature and location of the work to 
     be performed;
       (ii) the anticipated period or periods during which workers 
     are needed; and
       (iii) the terms and conditions of employment.
       (C) Search criteria.--The platform established pursuant to 
     subparagraph (A) shall allow portable H-2A workers to search 
     for available job opportunities using relevant criteria, 
     including the types of jobs needed to be filled and the dates 
     and locations workers are needed by an employer.
       (3) Limitation.--Notwithstanding the issuance of the 
     regulation described in paragraph (1), the Secretary of State 
     may not issue a portable H-2A visa and the Secretary of 
     Homeland Security may not confer portable H-2A status on any 
     alien until the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, determines that--
       (A) a sufficient number of employers have been designated 
     as registered agricultural employers pursuant to subsection 
     (b)(1); and
       (B) the employers referred to in subparagraph (A) have 
     sufficient job opportunities to employ a reasonable number of 
     portable H-2A workers to initiate the pilot program.
       (b) Pilot Program Elements.--
       (1) Registered agricultural employers.--
       (A) Designation.--Agricultural employers shall be provided 
     the ability to seek designation as registered agricultural 
     employers. Reasonable fees may be assessed commensurate with 
     the cost of processing applications for designation. A 
     designation shall be valid for a period of up to 3 years 
     unless revoked for failure to comply with program 
     requirements. Registered employers that comply with program 
     requirements may apply to renew such designation for 
     additional periods of up to 3 years for the duration of the 
     pilot program established pursuant to subsection (a).
       (B) Limitations.--Registered agricultural employers--
       (i) may employ aliens with portable H-2A status without 
     filing a petition; and
       (ii) shall pay such aliens not less than the wage required 
     under section 218(d) of the Immigration and Nationality Act, 
     as amended by section 202.
       (C) Workers' compensation.--If a job opportunity is not 
     covered by, or is exempt from, the applicable State workers' 
     compensation law, a registered agricultural employer shall 
     provide to portable H-2A workers, at no cost to such workers, 
     insurance covering injury and disease arising out of, and in 
     the course of, the worker's employment, which will provide 
     benefits that are at least equal to the benefits provided 
     under the applicable State workers' compensation law.
       (2) Designated workers.--
       (A) In general.--Individuals who were previously admitted 
     to the United States in H-2A status, and have maintained such 
     status during the period of their admission, may apply for 
     portable H-2A status. Portable H-2A workers shall be subject 
     to the provisions regarding visa validity and periods of 
     authorized stay and admission applicable to H-2A workers 
     described in paragraphs (2) and (3) of section 218(j) of the 
     Immigration and Nationality Act, as added by section 202.
       (B) Limitations on availability of portable h-2a status.--
       (i) Initial offer of employment required.--An alien may not 
     be granted portable H-2A status without an initial valid 
     offer of employment from a registered agricultural employer 
     to perform temporary or agricultural labor or services.
       (ii) Numerical limitations.--

       (I) In general.--Subject to subclause (II), the total 
     number of aliens who may simultaneously hold valid portable 
     H-2A status may not exceed 10,000.
       (II) Further limitation.--The Secretary of Homeland 
     Security may further limit the total number of aliens who may 
     be granted portable H-2A status if the Secretary determines 
     that there are an insufficient number of registered 
     agricultural employers or job opportunities to support the 
     employment of the number of portable H-2A workers authorized 
     under subclause (I).

       (C) Scope of employment.--A portable H-2A worker, during 
     the period of his or her admission, may perform temporary or 
     seasonal

[[Page S9698]]

     agricultural labor or services for any employer in the United 
     States that is designated as a registered agricultural 
     employer pursuant to paragraph (1). An employment arrangement 
     under this section may be terminated by the portable H-2A 
     worker or the registered agricultural employer at any time.
       (D) Maintenance of status.--
       (i) Transfer to new employment.--If a portable H-2A worker 
     desires to maintain portable H-2A status after the conclusion 
     of such worker's employment with a registered agricultural 
     employer, such worker shall secure new employment with 
     another registered agricultural employer not later than 60 
     days after the last day of employment with the previous 
     employer.
       (ii) Maintenance of status.--A portable H-2A worker who 
     does not secure new employment with a registered agricultural 
     employer during the 60-day period referred to in clause (i)--

       (I) shall be considered to have failed to maintain portable 
     H-2A status; and
       (II) shall depart the United States or be subject to 
     removal under section 237(a)(1)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)).

       (3) Enforcement.--
       (A) In general.--The Secretary of Labor shall conduct 
     investigations and random audits of employers to ensure 
     compliance with the employment-related requirements under 
     this section, in accordance with section 218(m) of the 
     Immigration and Nationality Act, as added by section 202.
       (B) Penalties.--The Secretary of Labor is authorized to 
     collect reasonable civil penalties for violations of this 
     section, which may be expended by the Secretary for the 
     administration and enforcement of this section.
       (4) Eligibility for services.--Section 305 of the 
     Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 
     note) is amended by striking ``other employment rights as 
     provided in the worker's specific contract under which the 
     nonimmigrant was admitted'' and inserting ``employment-
     related rights''.
       (c) Report.--Not later than 30 months after the 
     commencement of the pilot program established pursuant to 
     subsection (a), the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives that includes--
       (1) the number of employers designated as registered 
     agricultural employers, disaggregated by geographic region, 
     farm size, and the number of job opportunities offered by 
     such employers;
       (2) the number of employers whose designation as a 
     registered agricultural employer was revoked;
       (3) the number of individuals granted portable H-2A status 
     during each fiscal year and the number of such individuals 
     who maintained portable H-2A status during all or a portion 
     of the 3-year period of the pilot program;
       (4) an assessment of the impact of the pilot program on the 
     wages and working conditions of United States farm workers;
       (5) the results of a survey of individuals granted portable 
     H-2A status that describes their experiences with and their 
     feedback regarding the pilot program;
       (6) the results of a survey of registered agricultural 
     employers that describes their experiences with and their 
     feedback regarding the pilot program;
       (7) an assessment regarding whether the pilot program 
     should be continued and any recommendations for improving the 
     pilot program; and
       (8) findings and recommendations regarding effective 
     recruitment mechanisms, including the use of new technology--
       (A) to match workers with employers; and
       (B) to ensure compliance with applicable labor and 
     employment laws and regulations.

     SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE.

       (a) Worldwide Level.--Section 201(d)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is 
     amended by striking ``140,000'' and inserting ``200,000''.
       (b) Visas for Farm Workers.--Section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
     amended--
       (1) in paragraph (1) by striking ``28.6 percent of such 
     worldwide level'' and inserting ``40,040'';
       (2) in paragraph (2)(A) by striking ``28.6 percent of such 
     worldwide level'' and inserting ``40,040'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the matter before clause (i), by striking ``28.6 
     percent of such worldwide level'' and inserting ``100,040''; 
     and
       (ii) by amending clause (iii) to read as follows:
       ``(iii) Other workers.--Other qualified immigrants who, at 
     the time of petitioning for classification under this 
     paragraph--

       ``(I) are capable of performing unskilled labor, not of a 
     temporary or seasonal nature, for which qualified workers are 
     not available in the United States; or
       ``(II) can demonstrate employment in the United States as 
     an H-2A nonimmigrant worker for at least 100 days in each of 
     at least 10 years or for at least 1,000 days within the 
     preceding 10-year period.'';

       (B) by amending subparagraph (B) to read as follows:
       ``(B) Visas allocated for other workers.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), 60,000 of the visas made available under this 
     paragraph shall be reserved for qualified immigrants 
     described in subparagraph (A)(iii).
       ``(ii) Preference for agricultural workers.--Subject to 
     clause (iii), not fewer than 50,000 of the visas described in 
     clause (i) shall be reserved for--

       ``(I) qualified immigrants described in subparagraph 
     (A)(iii)(I) who will be performing agricultural labor or 
     services in the United States; and
       ``(II) qualified immigrants described in subparagraph 
     (A)(iii)(II).

       ``(iii) Exception.--If because of the application of clause 
     (ii), the total number of visas available under this 
     paragraph for a calendar quarter exceeds the number of 
     qualified immigrants who otherwise may be issued such a visa, 
     clause (ii) shall not apply to visas under this paragraph 
     during the remainder of such calendar quarter.
       ``(iv) No per country limits.--Visas described under clause 
     (ii) shall be issued without regard to the numerical 
     limitation under section 202(a)(2).''; and
       (C) by amending subparagraph (C) by striking ``An immigrant 
     visa'' and inserting ``Except for qualified immigrants 
     petitioning for classification under subparagraph 
     (A)(iii)(II), an immigrant visa'';
       (4) in paragraph (4), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``9,940''; and
       (5) in paragraph (5)(A), in the matter before clause (i), 
     by striking ``7.1 percent of such worldwide level'' and 
     inserting ``9,940''.
       (c) Western Hemisphere Procedures.--The Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Labor and the Secretary of State, may--
       (1) identify countries in the Western Hemisphere with large 
     flows of migration outside of normal trade and travel routes 
     to the United States; and
       (2) develop tools and resources and establish procedures to 
     connect prospective workers described in section 
     203(b)(3)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(3)(A)(iii)) from such countries to United 
     States employers seeking temporary workers to perform 
     agricultural labor or services.
       (d) Petitioning Procedure.--Section 204(a)(1)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) is 
     amended by inserting ``or 203(b)(3)(A)(iii)(II)'' after 
     ``203(b)(1)(A)''.
       (e) Dual Intent.--Section 214(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
     ``section 101(a)(15)(H)(i) except subclause (b1) of such 
     section'' and inserting ``clause (i), except subclause (b1), 
     or (ii)(a) of section 101(a)(15)(H)''.

    Subtitle B--Preservation and Construction of Farm Worker Housing

     SEC. 220. SHORT TITLE.

       This subtitle may be cited as the ``Strategy and Investment 
     in Rural Housing Preservation Act of 2022''.

     SEC. 221. NEW FARM WORKER HOUSING.

       Section 513(e) of the Housing Act of 1949 (42 U.S.C. 
     1483(e)) is amended by adding at the end the following:
       ``(e) Funding for Farm Worker Housing.--
       ``(1) Section 514 farm worker housing loans.--
       ``(A) Insurance authority.--The Secretary of Agriculture, 
     to the extent approved in appropriation Acts, may insure 
     loans under section 514 totaling not more than $20,000,000 
     during each of the fiscal years 2023 through 2032.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated $75,000,000 for each of the fiscal years 
     2023 through 2032 for the cost (as such term is defined in 
     section 502(5) of the Congressional Budget Act of 1974 (2 
     U.S.C. 661a(5))) of loans insured pursuant to subparagraph 
     (A).
       ``(2) Section 516 grants for farmworker housing.--There is 
     authorized to be appropriated $30,000,000 for each of the 
     fiscal years 2023 through 2032 for financial assistance 
     authorized under section 516.
       ``(3) Section 521 housing assistance.--There is authorized 
     to be appropriated $26,800,000 for each of the fiscal years 
     2023 through 2032 for--
       ``(A) rental assistance agreements entered into or renewed 
     pursuant to section 521(a)(2); or
       ``(B) agreements entered into in lieu of debt forgiveness 
     or payments for eligible households authorized under section 
     502(c)(5)(D).
       ``(4) Administrative expenses.--There is authorized to be 
     appropriated 5 percent of any amounts made available for the 
     housing assistance program under this section for any fiscal 
     year, which shall be used for administrative expenses for 
     such program.''.

     SEC. 222. LOAN AND GRANT LIMITATIONS.

       Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is 
     amended by inserting after subsection (c) the following:
       ``(d) Per Project Limitations on Assistance.--If the 
     Secretary, in making available assistance in any area under 
     this section or section 516, establishes a limitation on the 
     amount of assistance available per project, the limitation on 
     a grant or loan award per project shall not be less than 
     $5,000,000.''.

     SEC. 223. OPERATING ASSISTANCE SUBSIDIES.

       Section 521(a)(5) of the Housing Act of 1949 (42 U.S.C. 
     1490a(a)(5)) is amended--

[[Page S9699]]

       (1) in subparagraph (A) by striking ``migrant farmworkers'' 
     and inserting ``migrant farm workers or domestic farm labor 
     legally admitted to the United States and authorized to work 
     in agriculture'';
       (2) in subparagraph (B)--
       (A) by striking ``In any fiscal year'' and inserting the 
     following: ``
       ``(i) Housing for migrant farm workers.--In any fiscal 
     year'';
       (B) by inserting ``providing housing for migrant farm 
     workers'' after ``any project''; and
       (C) by adding at the end the following:
       ``(ii) Housing for other farm labor.--The assistance 
     provided under this paragraph in any fiscal year for any 
     project providing housing for domestic farm labor legally 
     admitted to the United States and authorized to work in 
     agriculture may not exceed an amount equal to 50 percent of 
     the operating costs for such project for such year, as 
     determined by the Secretary. The owner of such project does 
     not qualify for operating assistance unless the Secretary 
     certifies that--

       ``(I) such project was unoccupied or underutilized before 
     making units available to such farm labor; and
       ``(II) a grant under this section will not displace any 
     farm worker who is a United States worker.''; and

       (3) in subparagraph (D)--
       (A) by redesignating clauses (i) and (ii) as clause (ii) 
     and (iii), respectively; and
       (B) by inserting before clause (ii), as redesignated, the 
     following:
       ``(iii) The term `domestic farm labor' has the meaning 
     given such term in section 514(f)(3), except that 
     subparagraph (A) of such section shall not apply for purposes 
     of this paragraph.''.

     SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY.

       Section 521(d) of the Housing Act of 1949 (42 U.S.C. 
     1490a(d)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (B) and (C) as 
     paragraphs (C) and (D), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) upon the request of an owner of a project financed 
     under section 514 or 515, the Secretary is authorized to 
     enter into renewal of such agreements for a period equal to 
     the shorter of 20 years or the term of the loan, subject to 
     amounts made available for such purpose in appropriations 
     Acts;''; and
       (2) by adding at the end the following:
       ``(3) If any rental assistance contract authority becomes 
     available because of the termination of assistance on behalf 
     of an assisted family--
       ``(A) at the option of the owner of the rental project, the 
     Secretary shall provide the owner a period of 6 months before 
     such assistance is made available pursuant to subparagraph 
     (B) during which the owner may use such assistance authority 
     to provide assistance of behalf of an eligible unassisted 
     family that--
       ``(i) is residing in the same rental project that the 
     assisted family resided in prior to such termination; or
       ``(ii) newly occupies a dwelling unit in such rental 
     project during such period; and
       ``(B) except for assistance used in accordance with 
     subparagraph (A), the Secretary shall use such remaining 
     authority to provide such assistance on behalf of eligible 
     families residing in other rental projects originally 
     financed under section 515 or under sections 514 and 516.''.

     SEC. 225. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.

       Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is 
     amended by adding at the end the following:
       ``(c) Eligibility of Households in Sections 514, 515, and 
     516 Projects.--The Secretary, in consultation with the Under 
     Secretary of Agriculture for Rural Development, may provide 
     rural housing vouchers under this section for any low-income 
     household (including households not receiving rental 
     assistance) residing in a property financed with a loan made 
     or insured under section 514 or 515 which has been prepaid 
     without restrictions imposed by the Secretary pursuant to 
     section 502(c)(5)(G)(ii)(I), has been foreclosed, or has 
     matured after September 30, 2005, or residing in a property 
     assisted under section 514 or 516 that is owned by a 
     nonprofit organization or public agency.''.

     SEC. 226. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND 
                   REVITALIZATION PROGRAM.

       Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.

       ``(a) Establishment.--The Secretary shall carry out a 
     program that preserves and revitalizes multifamily rental 
     housing projects financed under section 515 or under sections 
     514 and 516.
       ``(b) Notice of Maturing Loans.--
       ``(1) To owners.--The Secretary shall provide annual 
     written notice to each owner of a property financed under 
     section 515 or under sections 514 and 516 that will mature 
     during the 4-year period beginning on the date on which such 
     notice is provided. Such notice shall set forth--
       ``(A) the options and financial incentives that are 
     available to facilitate the extension of the loan term; or
       ``(B) the option to decouple a rental assistance contract 
     pursuant to subsection (f).
       ``(2) To tenants.--
       ``(A) In general.--Not later than 2 years before the date 
     of maturity of a loan authorized under section 515 or under 
     sections 514 and 516 for real property, the owner of such 
     property who received a notice pursuant to paragraph (1) 
     shall provide written notice to each household residing in 
     such property to inform the household of--
       ``(i) the date of the loan maturity;
       ``(ii) the possible actions that may happen with respect to 
     the property on or after such date; and
       ``(iii) how to protect their right to reside in federally 
     assisted housing after such date.
       ``(B) Language.--Each notice provided under subparagraph 
     (A)--
       ``(i) shall be written in plain English; and
       ``(ii) shall be translated to other languages if the 
     relevant property is located in an area in which a 
     significant number of residents speak such other languages.
       ``(C) Notice template.--Not later than 1 year after the 
     date of the enactment of this section, the Under Secretary of 
     Agriculture for Rural Development, in consultation with the 
     Secretary of Housing and Urban Development, should publish a 
     template of a notice that owners may use to provide the 
     information required under this paragraph to their tenants.
       ``(c) Loan Restructuring.--Under the program carried out 
     under this section, the Secretary may restructure such 
     existing housing loans as the Secretary considers appropriate 
     to ensure that such projects have sufficient resources to 
     preserve the projects to provide safe and affordable housing 
     for low-income residents and farm laborers by--
       ``(1) reducing or eliminating interest;
       ``(2) deferring loan payments;
       ``(3) subordinating, reducing, or reamortizing loan debt; 
     and
       ``(4) providing other financial assistance, including 
     advances, payments, and incentives (including the ability of 
     owners to obtain reasonable returns on investment) required 
     by the Secretary.
       ``(d) Renewal of Rental Assistance.--If the Secretary 
     offers to restructure a loan pursuant to subsection (c), the 
     Secretary shall offer to renew the rental assistance contract 
     under section 521(a)(2) for a 20-year term, subject to annual 
     appropriations, if the property owner agrees to bring the 
     property up to such standards that will ensure its 
     maintenance as decent, safe, and sanitary housing for the 
     full term of the rental assistance contract.
       ``(e) Restrictive Use Agreements.--
       ``(1) Requirement.--As part of the preservation and 
     revitalization agreement for a project, the Secretary shall 
     obtain a restrictive use agreement that obligates the owner 
     to operate the project in accordance with the provisions 
     under this title.
       ``(2) Term.--
       ``(A) No extension of rental assistance contract.--Unless 
     the Secretary enters into a 20-year extension of the rental 
     assistance contract for the project, the term of the 
     restrictive use agreement for the project shall be equal to 
     the term of the restructured loan for the project.
       ``(B) Extension of rental assistance contract.--If the 
     Secretary enters into a 20-year extension of the rental 
     assistance contract for a project, the term of the 
     restrictive use agreement for the project shall be 20 years.
       ``(C) Termination.--The Secretary may terminate the 20-year 
     use restrictive use agreement for a project before the end of 
     its term if the 20-year rental assistance contract for the 
     project with the owner is terminated at any time for reasons 
     outside the owner's control.
       ``(f) Decoupling of Rental Assistance.--
       ``(1) Renewal of rental assistance contract.--If the 
     Secretary determines that a maturing loan for a project 
     cannot reasonably be restructured in accordance with 
     subsection (c) and the project was operating with rental 
     assistance under section 521, the Secretary may renew the 
     rental assistance contract, notwithstanding any provision of 
     section 521, for a term, subject to annual appropriations, of 
     at least 10 years but not more than 20 years.
       ``(2) Rents.--Any agreement to extend the term of the 
     rental assistance contract under section 521 for a project 
     shall obligate the owner to continue to maintain the project 
     as decent, safe and sanitary housing and to operate the 
     development in accordance with this title, except that rents 
     shall be based on the lesser of--
       ``(A) the budget-based needs of the project; or
       ``(B) the operating cost adjustment factor as a payment 
     standard as provided under section 524 of the Multifamily 
     Assisted Housing Reform and Affordability Act of 1997 (42 
     U.S.C. 1437 note).
       ``(g) Multifamily Housing Transfer Technical Assistance.--
     Under the program under this section, the Secretary may 
     provide grants to qualified non-profit organizations and 
     public housing agencies to provide technical assistance, 
     including financial and legal services, to borrowers under 
     loans under this title for multifamily housing to facilitate 
     the acquisition of such multifamily housing properties in 
     areas where the Secretary determines there is a risk of loss 
     of affordable housing.
       ``(h) Transfer of Rental Assistance.--After the loan or 
     loans for a rental project originally financed under section 
     515 or both sections 514 and 516 have matured or have been 
     prepaid and the owner has chosen not to restructure the loan 
     pursuant to subsection (c), a tenant residing in such project 
     shall have 18 months prior to loan maturation or

[[Page S9700]]

     prepayment to transfer the rental assistance assigned to the 
     tenant's unit to another rental project originally financed 
     under section 515 or both sections 514 and 516, and the owner 
     of the initial project may rent the tenant's previous unit to 
     a new tenant without income restrictions.
       ``(i) Administrative Expenses.--Of any amounts made 
     available for the program under this section for any fiscal 
     year, the Secretary may use not more than $1,000,000 for 
     administrative expenses for carrying out such program.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated for the program under this section 
     $100,000,000 for each of the fiscal years 2023 through 
     2027.''.

     SEC. 227. AMOUNT OF VOUCHER ASSISTANCE.

       Notwithstanding any other provision of law, the amount of 
     the monthly assistance payment for the household on whose 
     behalf a rural housing voucher is provided pursuant to 
     section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), 
     shall be determined in accordance with subsection (a) of such 
     section 542.

     SEC. 228. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Agriculture 
     $50,000,000 for fiscal year 2023, which shall be used to 
     improve the technology of the Department of Agriculture that 
     is used to process loans for multifamily housing and 
     otherwise managing such housing.
       (b) Availability of Funds.--The improvements authorized 
     under subsection (a) shall be made during the 5-year period 
     beginning upon the date that the amounts appropriated under 
     such subsection are available. Such amounts shall remain 
     available until the last day of such 5-year period.

     SEC. 229. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL 
                   PROJECTS.

       (a) Plan.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this section as the ``Secretary'') shall submit a 
     written plan to Congress for preserving the affordability for 
     low-income families of rental projects for which loans were 
     made under section 514 or 515 of the Housing Act of 1949 (42 
     U.S.C. 1484 and 1485) and avoiding the displacement of tenant 
     households. Such plan shall--
       (1) set forth specific performance goals and measures;
       (2) set forth the specific actions and mechanisms by which 
     such goals will be achieved;
       (3) set forth specific measurements by which progress 
     towards achievement of each goal can be measured;
       (4) provide for detailed reporting on outcomes; and
       (5) include any legislative recommendations to assist in 
     achievement of the goals under the plan.
       (b) Consultation.--
       (1) In general.--Not less frequently than quarterly, the 
     Secretary shall consult with the individuals described in 
     paragraph (2) to assist the Secretary--
       (A) in preserving the properties described in subsection 
     (a) through the housing preservation and revitalization 
     program authorized under section 545 of the Housing Act of 
     1949, as added by section 226; and
       (B) in implementing the plan required under subsection (a).
       (2) Consultees.--The individuals described in this 
     paragraph are--
       (A) a State Director of Rural Development for the 
     Department of Agriculture;
       (B) the Administrator for Rural Housing Service of the 
     Department of Agriculture;
       (C) 2 representatives of for-profit developers or owners of 
     multifamily rural rental housing;
       (D) 2 representatives of non-profit developers or owners of 
     multifamily rural rental housing;
       (E) 2 representatives of State housing finance agencies;
       (F) 2 representatives of tenants of multifamily rural 
     rental housing;
       (G) 1 representative of a community development financial 
     institution that is involved in preserving the affordability 
     of housing assisted under sections 514, 515, and 516 of the 
     Housing Act of 1949 (42 U.S.C. 1484, 1485, and 1486);
       (H) 1 representative of a nonprofit organization that 
     operates nationally and has actively participated in the 
     preservation of housing assisted by the Rural Housing Service 
     by conducting research regarding, and providing financing and 
     technical assistance for, preserving the affordability of 
     such housing;
       (I) 1 representative of low-income housing tax credit 
     investors;
       (J) 1 representative of regulated financial institutions 
     that finance affordable multifamily rural rental housing 
     developments; and
       (K) 2 representatives from non-profit organizations 
     representing farm workers, including one organization 
     representing farm worker women.
       (3) Conduct of consultations.--In consulting with the 
     individuals described in paragraph (2), the Secretary may 
     request that such individuals--
       (A) assist the Rural Housing Service of the Department of 
     Agriculture to improve estimates of the size, scope, and 
     condition of rental housing portfolio of the Service, 
     including the time frames for maturity of mortgages and costs 
     for preserving the portfolio as affordable housing;
       (B) review current policies and procedures of the Rural 
     Housing Service regarding--
       (i) the preservation of affordable rental housing financed 
     under sections 514, 515, 516, and 538 of the Housing Act of 
     1949 (42 U.S.C. 1484, 1485, 1486, and 1490);
       (ii) the housing preservation and revitalization program 
     authorized under section 545 of such Act, as added by section 
     226; and
       (iii) the rental assistance program;
       (C) make recommendations regarding improvements and 
     modifications to the policies and procedures referred to in 
     subparagraph (B); and
       (D) provide ongoing review of Rural Housing Service program 
     results.
       (4) Travel costs.--Any amounts made available for 
     administrative costs of the Department of Agriculture may be 
     used for costs of travel by individuals described in 
     paragraph (2) to carry out the activities described in 
     paragraph (3).

     SEC. 230. COVERED HOUSING PROGRAMS.

       Section 41411(a)(3) of the Violence Against Women Act of 
     1994 (34 U.S.C. 12491(a)(3)) is amended--
       (1) in subparagraph (O), by striking ``and'' at the end;
       (2) by redesignating subparagraph (P) as subparagraph (Q); 
     and
       (3) by inserting after subparagraph (O) the following:
       ``(P) rural development housing voucher assistance provided 
     by the Secretary of Agriculture pursuant to section 542 of 
     the Housing Act of 1949 (42 U.S.C. 1490r), without regard to 
     subsection (b) of such section, and applicable appropriation 
     Acts; and''.

     SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.

       Section 214(a) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(a)) is amended--
       (1) in paragraph (6), by striking ``or'' at the end;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) an alien granted certified agricultural worker or 
     certified agricultural dependent status under title I of the 
     Affordable and Secure Food Act of 2022, but solely for 
     financial assistance made available pursuant to section 521 
     or 542 of the Housing Act of 1949 (42 U.S.C. 1490a and 
     1490r); or''.

           Subtitle C--Foreign Labor Recruiter Accountability

     SEC. 251. DEFINITIONS.

       In this subtitle:
       (1) Foreign labor recruiter.--The term ``foreign labor 
     recruiter'' means any person who performs foreign labor 
     recruiting activity in exchange for money or other valuable 
     consideration paid or promised to be paid, to recruit 
     individuals to work as nonimmigrant workers described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including 
     any person who performs foreign labor recruiting activity 
     wholly outside of the United States. Such term does not 
     include any entity of the United States Government or an 
     employer, or employee of an employer, who engages in foreign 
     labor recruiting activity solely to find employees for that 
     employer's own use, and without the participation of any 
     other foreign labor recruiter.
       (2) Foreign labor recruiting activity.--The term ``foreign 
     labor recruiting activity'' means recruiting, soliciting, or 
     related activities with respect to an individual who resides 
     outside of the United States in furtherance of employment in 
     the United States, including when such activity occurs wholly 
     outside of the United States.
       (3) Person.--The term ``person'' means any natural person 
     or any corporation, company, firm, partnership, joint stock 
     company or association or other organization or entity 
     (whether organized under law or not), including municipal 
     corporations.
       (4) Recruitment fees.--The term ``recruitment fees'' has 
     the meaning given to such term under section 22.1702 of title 
     22 of the Code of Federal Regulations, as in effect on the 
     date of enactment of this Act.

     SEC. 252. REGISTRATION OF FOREIGN LABOR RECRUITERS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Labor, in 
     consultation with the Secretary of State and the Secretary of 
     Homeland Security, shall establish procedures for the 
     electronic registration of foreign labor recruiters engaged 
     in the recruitment of nonimmigrant workers described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
     agricultural labor or services in the United States.
       (b) Procedural Requirements.--The procedures described in 
     subsection (a) shall--
       (1) require the applicant to submit a sworn declaration--
       (A) stating the applicant's permanent place of residence or 
     principal place of business, as applicable;
       (B) describing the foreign labor recruiting activities in 
     which the applicant is engaged; and
       (C) including such other relevant information as the 
     Secretary of Labor and the Secretary of State may require;
       (2) include an expeditious means to update and renew 
     registrations;
       (3) include a process, which shall include the placement of 
     personnel at each United States diplomatic mission in 
     accordance with subsection (g)(2), to receive information 
     from the public regarding foreign labor recruiters who have 
     allegedly engaged in a foreign labor recruiting activity that 
     is prohibited under this subtitle;

[[Page S9701]]

       (4) include procedures for the receipt and processing of 
     complaints against foreign labor recruiters and for remedies, 
     including the revocation of a registration or the assessment 
     of fines upon a determination by the Secretary of Labor that 
     the foreign labor recruiter has violated the requirements 
     under this subtitle;
       (5) require the applicant to post a bond in an amount 
     sufficient to ensure the ability of the applicant to 
     discharge its responsibilities and ensure protection of 
     workers, including payment of wages; and
       (6) allow the Secretary of Labor and the Secretary of State 
     to consult with other appropriate Federal agencies to 
     determine whether any reason exists to deny registration to a 
     foreign labor recruiter or revoke such registration.
       (c) Attestations.--Foreign labor recruiters registering 
     under this subtitle shall attest and agree to abide by the 
     following requirements:
       (1) Prohibited fees.--The foreign labor recruiter, 
     including any agent or employee of such foreign labor 
     recruiter, shall not assess any recruitment fees on a worker 
     for any foreign labor recruiting activity.
       (2) Prohibition on false and misleading information.--The 
     foreign labor recruiter shall not knowingly provide 
     materially false or misleading information to any worker 
     concerning any matter required to be disclosed under this 
     subtitle.
       (3) Required disclosures.--The foreign labor recruiter 
     shall ascertain and disclose to the worker in writing in 
     English and in the primary language of the worker at the time 
     of the worker's recruitment, the following information:
       (A) The identity and address of the employer and the 
     identity and address of the person conducting the recruiting 
     on behalf of the employer, including each subcontractor or 
     agent involved in such recruiting.
       (B) A copy of the approved job order or work contract under 
     section 218 of the Immigration and Nationality Act (8 U.S.C. 
     1188), including all assurances and terms and conditions of 
     employment.
       (C) A statement, in a form specified by the Secretary--
       (i) describing the general terms and conditions associated 
     with obtaining an H-2A nonimmigrant visa and maintaining H-2A 
     nonimmigrant status;
       (ii) affirming the prohibition on the assessment of fees 
     described in paragraph (1), and explaining that such fees, if 
     paid by the employer, may not be passed on to the worker;
       (iii) describing the protections afforded the worker under 
     this subtitle, including procedures for reporting violations 
     to the Secretary of State, filing a complaint with the 
     Secretary of Labor, or filing a civil action; and
       (iv) describing the protections afforded the worker by 
     section 202 of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1375b), 
     including the telephone number for the national human 
     trafficking resource center hotline number.
       (4) Bond.--The foreign labor recruiter shall agree to 
     maintain a bond sufficient to ensure the ability of the 
     foreign labor recruiter to discharge its responsibilities and 
     ensure protection of workers, and to forfeit such bond in an 
     amount determined by the Secretary under subsections 
     (b)(1)(C)(ii) or (c)(2)(C) of section 253 for failure to 
     comply with the provisions under this subtitle.
       (5) Cooperation in investigation.--The foreign labor 
     recruiter shall agree to cooperate in any investigation under 
     section 253 by the Secretary or other appropriate 
     authorities.
       (6) No retaliation.--The foreign labor recruiter shall 
     agree to refrain from intimidating, threatening, restraining, 
     coercing, discharging, blacklisting or in any other manner 
     discriminating or retaliating against any worker or their 
     family members (including a former worker or an applicant for 
     employment) because such worker disclosed information to any 
     person based on a reason to believe that the foreign labor 
     recruiter, or any agent or subcontractee of such foreign 
     labor recruiter, is engaging or has engaged in a foreign 
     labor recruiting activity that does not comply with this 
     subtitle.
       (7) Employees, agents, and subcontractees.--The foreign 
     labor recruiter shall consent to be liable for the conduct of 
     any agents or subcontractees of any level in relation to the 
     foreign labor recruiting activity of the agent or 
     subcontractee to the same extent as if the foreign labor 
     recruiter had engaged in such conduct.
       (8) Enforcement.--If the foreign labor recruiter is 
     conducting foreign labor recruiting activity wholly outside 
     the United States, such foreign labor recruiter shall--
       (A) establish a registered agent in the United States who 
     is authorized to accept service of process on behalf of the 
     foreign labor recruiter for the purpose of any administrative 
     proceeding under this title or in any civil action in any 
     Federal or State court, if such service is made in accordance 
     with the appropriate Federal or State rules for service of 
     process, as applicable; and
       (B) as a condition of registration, consent to the 
     jurisdiction of any Federal or State court in a State where 
     recruited workers are placed.
       (d) Term of Registration.--Unless suspended or revoked, a 
     registration under this section shall be valid for 2 years.
       (e) Application Fee.--The Secretary of Labor shall require 
     a foreign labor recruiter that submits an application for 
     registration under this section to pay a reasonable fee, 
     sufficient to cover the full costs of carrying out the 
     registration activities under this subtitle.
       (f) Notification.--
       (1) Employer notification.--
       (A) In general.--Not less frequently than once every year, 
     an employer of H-2A workers shall provide the Secretary with 
     the names and addresses of all foreign labor recruiters 
     engaged to perform foreign labor recruiting activity on 
     behalf of the employer, whether the foreign labor recruiter 
     is to receive any economic compensation for such services, 
     and, if so, the identity of the person or entity who is 
     paying for the services.
       (B) Agreement to cooperate.--In addition to the 
     requirements of subparagraph (A), the employer shall--
       (i) provide to the Secretary the identity of any foreign 
     labor recruiter whom the employer has reason to believe is 
     engaging in foreign labor recruiting activities that do not 
     comply with this subtitle; and
       (ii) promptly respond to any request by the Secretary for 
     information regarding the identity of a foreign labor 
     recruiter with whom the employer has a contract or other 
     agreement.
       (2) Foreign labor recruiter notification.--A registered 
     foreign labor recruiter shall notify the Secretary, not less 
     frequently than once every year, of the identity of any 
     subcontractee, agent, or foreign labor recruiter employee 
     involved in any foreign labor recruiting activity for, or on 
     behalf of, the foreign labor recruiter.
       (g) Additional Responsibilities of the Secretary of 
     State.--
       (1) Lists.--The Secretary of State, in consultation with 
     the Secretary of Labor shall maintain and make publicly 
     available in written form and on the websites of United 
     States embassies in the official language of that country, 
     and on websites maintained by the Secretary of Labor, 
     regularly updated lists--
       (A) of foreign labor recruiters who hold valid 
     registrations under this section, including--
       (i) the name and address of the foreign labor recruiter;
       (ii) the countries in which such recruiters conduct 
     recruitment;
       (iii) the employers for whom recruiting is conducted;
       (iv) the occupations that are the subject of recruitment;
       (v) the States where recruited workers are employed; and
       (vi) the name and address of the registered agent in the 
     United States who is authorized to accept service of process 
     on behalf of the foreign labor recruiter; and
       (B) of foreign labor recruiters whose registration the 
     Secretary has revoked.
       (2) Personnel.--The Secretary of State shall ensure that 
     each United States diplomatic mission is staffed with a 
     person who shall be responsible for receiving information 
     from members of the public regarding potential violations of 
     the requirements applicable to registered foreign labor 
     recruiters and ensuring that such information is conveyed to 
     the Secretary of Labor for evaluation and initiation of an 
     enforcement action, if appropriate.
       (3) Visa application procedures.--The Secretary of State 
     shall ensure that consular officers issuing visas to 
     nonimmigrants under section 101(a)(1)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     11001(a)(1)(H)(ii)(a))--
       (A) provide to and review with the applicant, in the 
     applicant's language (or a language the applicant 
     understands), a copy of the information and resources 
     pamphlet required by section 202 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1375b);
       (B) ensure that the applicant has a copy of the approved 
     job offer or work contract;
       (C) note in the visa application file whether the foreign 
     labor recruiter has a valid registration under this section; 
     and
       (D) if the foreign labor recruiter holds a valid 
     registration, review and include in the visa application 
     file, the foreign labor recruiter's disclosures required by 
     subsection (c)(3).
       (4) Data.--The Secretary of State shall make publicly 
     available online, on an annual basis, data disclosing the 
     gender, country of origin (and State, county, or province, if 
     available), age, wage, level of training, and occupational 
     classification, disaggregated by State, of nonimmigrant 
     workers described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)).

     SEC. 253. ENFORCEMENT.

       (a) Denial or Revocation of Registration.--
       (1) Grounds for denial or revocation.--The Secretary of 
     Labor shall deny an application for registration, or revoke a 
     registration, if the Secretary determines that the foreign 
     labor recruiter, or any agent or subcontractee of such 
     foreign labor recruiter--
       (A) knowingly made a material misrepresentation in the 
     registration application;
       (B) materially failed to comply with one or more of the 
     attestations provided under section 252(c); or
       (C) is not the real party in interest.
       (2) Notice.--Before denying an application for registration 
     or revoking a registration under this subsection, the 
     Secretary of Labor shall provide written notice of the intent 
     to deny or revoke the registration to

[[Page S9702]]

     the foreign labor recruiter. Such notice shall--
       (A) articulate with specificity all grounds for denial or 
     revocation; and
       (B) provide the foreign labor recruiter with not less than 
     60 days to respond.
       (3) Re-registration.--A foreign labor recruiter whose 
     registration was revoked under subsection (a) may re-register 
     if the foreign labor recruiter demonstrates, to the Secretary 
     of Labor's satisfaction, that the foreign labor recruiter--
       (A) has not violated any requirement under this subtitle 
     during the 5 year-period immediately preceding the date on 
     which an application for registration was filed; and
       (B) has taken sufficient steps to prevent future violations 
     of this subtitle.
       (b) Administrative Enforcement.--
       (1) Complaint process.--
       (A) Filing.--A complaint may be filed with the Secretary of 
     Labor, in accordance with the procedures established under 
     section 252(b)(4) not later than 2 years after the earlier 
     of--
       (i) the date on which the last action constituting the 
     conduct that is the subject of the complaint took place; or
       (ii) the date on which the aggrieved party had actual 
     knowledge of such conduct.
       (B) Decision and penalties.--If the Secretary of Labor 
     determines, after notice and an opportunity for a hearing, 
     that a foreign labor recruiter failed to comply with any of 
     the requirements under this subtitle, the Secretary of Labor 
     may--
       (i) levy a fine against the foreign labor recruiter in an 
     amount not more than--

       (I) $10,000 per violation; and
       (II) $25,000 per violation, upon the third violation;

       (ii) order the forfeiture (or partial forfeiture) of the 
     bond and release of as much of the bond as the Secretary 
     determines is necessary for the worker to recover prohibited 
     recruitment fees;
       (iii) refuse to issue or renew a registration, or revoke a 
     registration; or
       (iv) disqualify the foreign labor recruiter from 
     registration for a period of up to 5 years, or in the case of 
     a subsequent finding involving willful or multiple material 
     violations, permanently disqualify the foreign labor 
     recruiter from registration.
       (2) Authority to ensure compliance.--The Secretary of Labor 
     is authorized to take other such actions, including issuing 
     subpoenas and seeking appropriate injunctive relief, as may 
     be necessary to assure compliance with the terms and 
     conditions of this subtitle.
       (3) Statutory construction.--Nothing in this subsection may 
     be construed as limiting the authority of the Secretary of 
     Labor to conduct an investigation--
       (A) under any other law, including any law affecting 
     migrant and seasonal agricultural workers; or
       (B) in the absence of a complaint.
       (c) Civil Action.--
       (1) In general.--The Secretary of Labor or any person 
     aggrieved by a violation of this subtitle may bring a civil 
     action against any foreign labor recruiter, or any employer 
     that does not meet the requirements under subsection (d)(1), 
     in any court of competent jurisdiction--
       (A) to seek remedial action, including injunctive relief; 
     and
       (B) for damages in accordance with the provisions of this 
     subsection.
       (2) Award for civil action filed by an individual.--
       (A) In general.--If a court finds, in a civil action filed 
     by an individual under paragraph (1), that the defendant has 
     violated any provision of this subtitle, the court may 
     award--
       (i) damages, up to and including an amount equal to the 
     amount of actual damages, and statutory damages of up to 
     $1,000 per plaintiff per violation, or other equitable 
     relief, except that with respect to statutory damages--

       (I) multiple infractions of a single provision of this 
     subtitle (or of a regulation under this subtitle) shall 
     constitute only one violation for purposes of this subsection 
     to determine the amount of statutory damages due a plaintiff; 
     and
       (II) if such complaint is certified as a class action the 
     court may award--

       (aa) damages up to an amount equal to the amount of actual 
     damages; and
       (bb) statutory damages of not more than the lesser of up to 
     $1,000 per class member per violation, or up to $500,000; and 
     other equitable relief;
       (ii) reasonable attorneys' fees and costs; and
       (iii) such other and further relief as necessary to 
     effectuate the purposes of this subtitle.
       (B) Criteria.--In determining the amount of statutory 
     damages to be awarded under subparagraph (A), the court may 
     consider whether an attempt was made to resolve the issues in 
     dispute before the resort to litigation.
       (C) Bond.--To satisfy the damages, fees, and costs found 
     owing under this paragraph, the Secretary shall release as 
     much of the bond held pursuant to section 252(c)(4) as is 
     necessary.
       (3) Sums recovered in actions by the secretary of labor.--
       (A) Establishment of account.--There is established in the 
     general fund of the Treasury a separate account, which shall 
     be known as the ``H-2A Foreign Labor Recruiter Compensation 
     Account''. Notwithstanding any other provisions of law, there 
     shall be deposited, as offsetting receipts into such account, 
     all sums recovered in an action by the Secretary of Labor 
     under this subsection.
       (B) Use of funds.--Amounts deposited into the H-2A Foreign 
     Labor Recruiter Compensation Account shall be paid directly 
     to each worker affected by a violation under this subtitle. 
     Any such sums not paid to a worker because of inability to do 
     so within a period of 5 years following the date such funds 
     are deposited into the account shall remain available to the 
     Secretary until expended. The Secretary may transfer all or a 
     portion of such remaining sums to appropriate agencies to 
     support the enforcement of the laws prohibiting the 
     trafficking and exploitation of persons or programs that aid 
     trafficking victims.
       (d) Employer Safe Harbor.--
       (1) In general.--An employer that hires workers referred by 
     a foreign labor recruiter with a valid registration at the 
     time of hiring shall not be held jointly liable for a 
     violation committed solely by a foreign labor recruiter under 
     this subtitle--
       (A) in any administrative action initiated by the Secretary 
     concerning such violation; or
       (B) in any Federal or State civil court action filed 
     against the foreign labor recruiter by or on behalf of such 
     workers or other aggrieved party under this subtitle.
       (2) Rule of construction.--Nothing in this subtitle may be 
     construed to prohibit an aggrieved party or parties from 
     bringing a civil action for violations of this subtitle or 
     any other Federal or State law against any employer who hired 
     workers referred by a foreign labor recruiter--
       (A) without a valid registration at the time of hire; or
       (B) with a valid registration if the employer knew or 
     learned of the violation and failed to report such violation 
     to the Secretary of Labor.
       (e) Parole To Pursue Relief.--If other immigration relief 
     is not available, the Secretary of Homeland Security may 
     grant parole to permit an individual to remain legally in the 
     United States for time sufficient to fully and effectively 
     participate in all legal proceedings related to any action 
     taken pursuant to subsection (b) or (c) or section 202, 204, 
     or 206.
       (f) Waiver of Rights.--Agreements by employees purporting 
     to waive or to modify their rights under this subtitle shall 
     be void as contrary to public policy.
       (g) Liability for Agents.--Foreign labor recruiters shall 
     be subject to the provisions of this section for violations 
     committed by the foreign labor recruiter's agents or 
     subcontractees of any level in relation to their foreign 
     labor recruiting activity to the same extent as if the 
     foreign labor recruiter had committed such a violation.

     SEC. 254. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary for the Secretary of Labor and the Secretary of 
     State to carry out the provisions of this subtitle.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

     SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION 
                   SYSTEM.

       (a) In General.--Chapter 8 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1321 et seq.) is amended by 
     inserting after section 274D the following:

     ``SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF 
                   EMPLOYMENT ELIGIBILITY.

       ``(a) Employment Eligibility Verification System.--
       ``(1) In general.--The Secretary of Homeland Security 
     (referred to in this section as the `Secretary') shall 
     establish and administer an electronic verification system 
     (referred to in this section as the `System'), patterned on 
     the E-Verify Program described in section 403(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note) (as in effect on the day before 
     the effective date described in section 303(a)(4) of the 
     Affordable and Secure Food Act of 2022), and using the 
     employment eligibility confirmation system established under 
     section 404 of such Act (8 U.S.C. 1324a note) (as so in 
     effect) as a foundation, through which the Secretary shall--
       ``(A) respond to legitimate inquiries made by persons or 
     entities seeking to verify the identity and employment 
     authorization of individuals that such persons or entities 
     have hired, or to recruit or refer for a fee, for employment 
     in the United States; and
       ``(B) maintain records of the inquiries that were made, and 
     of verifications provided (or not provided) to such persons 
     or entities as evidence of compliance with the requirements 
     of this section.
       ``(2) Initial response deadline.--
       ``(A) In general.--The System shall provide confirmation or 
     a tentative nonconfirmation of an individual's identity and 
     employment authorization as soon as practicable, but not 
     later than 3 calendar days after the initial inquiry.
       ``(B) Extension of time period.--If a person or other 
     entity attempts in good faith to make an inquiry through the 
     System during a period in which the System is offline due to 
     a technical issue, a natural disaster, or another reason, the 
     System shall provide the confirmation or nonconfirmation 
     required under subparagraph (A) as soon as practicable after 
     the System becomes fully operational.
       ``(3) General design and operation of system.--The 
     Secretary shall design and operate the System--

[[Page S9703]]

       ``(A) using responsive web design and other technology 
     approaches to maximize its ease of use and accessibility for 
     users on a variety of electronic devices and screen sizes, 
     and in remote locations;
       ``(B) to maximize the accuracy of responses to inquiries 
     submitted by persons or entities;
       ``(C) to maximize the reliability of the System and to 
     register each instance when the System is unable to receive 
     inquiries;
       ``(D) to maintain and safeguard the privacy and security of 
     the personally identifiable information maintained by or 
     submitted to the System, in accordance with applicable law;
       ``(E) to provide direct notification of an inquiry to an 
     individual with respect to whom the inquiry is made, 
     including the results of such inquiry, and information 
     related to the process for challenging the results, in cases 
     in which the individual has established a user account as 
     described in paragraph (4)(B) or an electronic mail or 
     messaging address for the individual is submitted by the 
     person or entity at the time the inquiry is made; and
       ``(F) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent misuse of the System and 
     unfair immigration-related employment practices.
       ``(4) Measures to prevent identity theft and other forms of 
     fraud.--To prevent identity theft and other forms of fraud, 
     the Secretary shall design and operate the System with the 
     following attributes:
       ``(A) Photo matching tool.--The System shall display a 
     digital photograph of the individual, if available, that 
     corresponds to the document presented by an individual to 
     establish identity and employment authorization so that the 
     person or entity that makes an inquiry can compare the 
     photograph displayed by the System to the photograph on the 
     document presented by the individual. The individual may not 
     be deemed ineligible for employment solely for failure to 
     match using the photo matching tool. The verification of an 
     individual's employment eligibility shall be made based on 
     the totality of the information available.
       ``(B) Individual monitoring and suspension of identifying 
     information.--The System shall enable individuals to 
     establish user accounts, after authentication of an 
     individual's identity, that would allow each individual--
       ``(i) to confirm the individual's own employment 
     authorization;
       ``(ii) to receive electronic notification when the 
     individual's Social Security account number or other 
     personally identifying information has been submitted to the 
     System;
       ``(iii) to monitor the use history of the individual's 
     personally identifying information in the System, including 
     the identities of all persons or entities that have submitted 
     such identifying information to the System, the date of each 
     query run, and the System response for each query run;
       ``(iv) to suspend or limit the use of the individual's 
     Social Security account number or other personally 
     identifying information for purposes of the System; and
       ``(v) to provide notice to the Department of Homeland 
     Security of any suspected identity fraud or other improper 
     use of personally identifying information.
       ``(C) Blocking misused social security account numbers.--
       ``(i) In general.--The Secretary, in consultation with the 
     Commissioner of Social Security (referred to in this section 
     as the `Commissioner'), shall issue, after publication in the 
     Federal Register and an opportunity for public comment, a 
     final rule establishing a process by which Social Security 
     account numbers that have been identified to be subject to 
     unusual multiple use in the System or that are otherwise 
     suspected or determined to have been compromised by identity 
     fraud or other misuse, will be blocked from use in the System 
     unless an individual using such a number establishes, through 
     secure and fair procedures, that the individual is the 
     legitimate holder of such number.
       ``(ii) Continuation of existing self lock system.--During 
     the period in which the Commissioner of Social Security is 
     developing the process required under clause (i), the 
     Commissioner shall maintain the Self Lock system that permits 
     individuals to prevent unauthorized users from using their 
     Social Security account numbers to confirm employment 
     authorization through E-Verify.
       ``(iii) Notice.--If the Secretary blocks or suspends a 
     Social Security account number pursuant to this subparagraph, 
     the Secretary shall provide notice to the persons or entities 
     that have made inquiries to the System using such account 
     number that the identity and employment authorization of the 
     individual who provided such account number must be re-
     verified.
       ``(D) Additional identity authentication tool.--The 
     Secretary shall develop additional security measures to 
     adequately verify the identity of an individual whose 
     identity may not be verified using the photo matching tool 
     described in subparagraph (A). Such additional security 
     measures shall be--
       ``(i) kept up-to-date with technological advances;
       ``(ii) designed to provide a high level of certainty with 
     respect to identity authentication; and
       ``(iii) designed to safeguard the individual's privacy and 
     civil liberties.
       ``(E) Child-lock pilot program.--The Secretary, in 
     consultation with the Commissioner, shall establish a 
     reliable, secure program, on a limited, pilot basis, for 
     suspending or limiting the use of the Social Security account 
     number or other personally identifying information of 
     children for purposes of the System.
       ``(5) Responsibilities of the commissioner of social 
     security.--The Commissioner--
       ``(A) , in consultation with the Secretary, shall establish 
     a reliable, secure method that, within the periods specified 
     in paragraph (2) and subsection (b)(4)(D)(i)(II), compares 
     the name and Social Security account number provided in an 
     inquiry against such information maintained by the 
     Commissioner in order to validate (or not validate)--
       ``(i) the information provided by the person or entity with 
     respect to an individual whose identity and employment 
     authorization the person or entity seeks to confirm;
       ``(ii) the correspondence of the name and number; and
       ``(iii) whether the individual has presented a Social 
     Security account number that is not valid for employment;
       ``(B) may not disclose or release Social Security 
     information (other than such confirmation or nonconfirmation) 
     under the System except as provided under this section;
       ``(C) shall coordinate and provide the Department of 
     Homeland Security with access to the Social Security 
     Administration's systems that are necessary to resolve 
     tentative nonconfirmations without direct Social Security 
     Administration involvement; and
       ``(D) shall establish electronic or call-in resolution 
     systems.
       ``(6) Responsibilities of the secretary of homeland 
     security.--
       ``(A) In general.--The Secretary shall establish a 
     reliable, secure method that, within the time periods 
     specified in paragraph (2) and subsection (b)(4)(D)(i)(II), 
     compares the name and identification or other authorization 
     number (or any other information determined relevant by the 
     Secretary) that are provided in an inquiry against such 
     information maintained or accessed by the Secretary in order 
     to validate (or not validate)--
       ``(i) the information provided;
       ``(ii) the correspondence of the name and number; and
       ``(iii) whether the individual is authorized to be employed 
     in the United States.
       ``(B) Training.--The Secretary shall provide and regularly 
     update required training and training materials on the use of 
     the System for persons and entities making inquiries.
       ``(C) Audit.--The Secretary shall provide for periodic 
     auditing of the System to detect and prevent misuse, 
     discrimination, fraud, and identity theft, to protect privacy 
     and assess System accuracy, and to preserve the integrity and 
     security of the information in the System.
       ``(D) Notice of system changes.--The Secretary shall 
     provide appropriate notification to persons and entities 
     registered in the System of any change made by the Secretary 
     or the Commissioner related to permitted and prohibited 
     documents, and use of the System.
       ``(7) Responsibilities of the secretary of state.--As part 
     of the System, the Secretary of State shall--
       ``(A) provide to the Secretary with access to passport and 
     visa information as needed to confirm that--
       ``(i) a passport or passport card presented under 
     subsection (b)(3)(A)(i) confirms the employment authorization 
     and identity of the individual presenting such document;
       ``(ii) a passport, passport card, or visa photograph 
     matches the Secretary of State's records; and
       ``(B) provide such assistance as the Secretary may request 
     to resolve tentative nonconfirmations or final 
     nonconfirmations relating to information described in 
     subparagraph (A).
       ``(8) Updating information.--The Commissioner, the 
     Secretary, and the Secretary of State shall--
       ``(A) update records in their custody in a manner that 
     promotes maximum accuracy of the System; and
       ``(B) provide a process for the prompt correction of 
     erroneous information, including instances in which it is 
     brought to their attention through the tentative 
     nonconfirmation review process under subsection (b)(4)(D).
       ``(9) Mandatory and voluntary system users.--
       ``(A) Mandatory users.--Except as otherwise provided under 
     Federal or State law, including sections 302 and 303 of the 
     Affordable and Secure Food Act of 2022, nothing in this 
     section may be construed to require the use of the System by 
     any person or entity hiring, recruiting, or referring for a 
     fee, an individual for employment in the United States.
       ``(B) Voluntary users.--Beginning after the date that is 30 
     days after the date on which final rules are published under 
     section 309(a) of the Affordable and Secure Food Act of 2022, 
     a person or entity may use the System on a voluntary basis to 
     seek verification of the identity and employment 
     authorization of individuals who the person or entity is 
     hiring, recruiting, or referring for a fee for employment in 
     the United States.
       ``(C) Process for non-users.--The employment verification 
     process for any person or entity hiring, recruiting, or 
     referring for a fee, an individual for employment in the 
     United States shall be governed by section 274A(b) unless the 
     person or entity--
       ``(i) is required by Federal or State law to use the 
     System; or

[[Page S9704]]

       ``(ii) has opted to use the System voluntarily in 
     accordance with subparagraph (B).
       ``(10) No fee for use or inclusion.--The Secretary may not 
     charge a fee to any individual, person, or entity to use the 
     System or to be included in the System.
       ``(11) System safeguards.--
       ``(A) Requirement to develop.--The Secretary, in 
     consultation with the Commissioner, the Secretary of State, 
     and other appropriate Federal officials, shall--
       ``(i) develop policies and procedures to ensure protection 
     of the privacy and security of personally identifiable 
     information and identifiers contained in the records accessed 
     or maintained by the System; and
       ``(ii) develop and deploy appropriate privacy and security 
     training for Federal employees accessing the records under 
     the System.
       ``(B) Privacy audits.--
       ``(i) In general.--The Secretary, acting through the Chief 
     Privacy Officer of the Department of Homeland Security, shall 
     conduct regular privacy audits of the policies and procedures 
     established pursuant to subparagraph (A), including--

       ``(I) any collection, use, dissemination, and maintenance 
     of personally identifiable information; and
       ``(II) any associated information technology systems.

       ``(ii) Reviews.--The Chief Privacy Officer shall--

       ``(I) review the results of the audits conducted pursuant 
     to clause (i); and
       ``(II) recommend to the Secretary any changes that may be 
     necessary to improve the privacy protections of the System.

       ``(C) Privacy and accuracy certification.--The Inspector 
     General of the Department of Homeland Security shall certify 
     to the Secretary, the Committee on the Judiciary of the 
     Senate, and the Committee on the Judiciary of the House of 
     Representatives that--
       ``(i) the System appropriately protects the privacy and 
     security of personally identifiable information and 
     identifiers contained in the records accessed or maintained 
     by the System;
       ``(ii) during 2 consecutive years beginning after the date 
     of the enactment of the Affordable and Secure Food Act of 
     2022, the System's error rate is not higher than the error 
     rate of the System during the preceding year; and
       ``(iii) specific steps are being taken to continue to 
     reduce such error rate.
       ``(D) Accuracy audits.--Beginning on November 30 of the 
     fiscal year beginning after the fiscal year during which the 
     certification was submitted pursuant to subparagraph (C), and 
     annually thereafter, the Inspector General of the Department 
     of Homeland Security shall submit a report to the Secretary, 
     the Committee on the Judiciary of the Senate, and the 
     Committee on the Judiciary of the House of Representatives 
     that--
       ``(i) describes in detail--

       ``(I) the error rate of the System during the previous 
     fiscal year; and
       ``(II) the methodology employed to prepare the report; and

       ``(ii) includes recommendations for how the System's error 
     rate may be reduced.
       ``(b) New Hires, Recruitment, and Referral.--
     Notwithstanding section 274A(b), the requirements referred to 
     in paragraphs (1)(B) and (3) of section 274A(a) are, in the 
     case of a person or entity that uses the System for the 
     hiring, recruiting, or referring for a fee, an individual for 
     employment in the United States, the following:
       ``(1) Individual attestation of employment authorization.--
     During the period beginning on the date on which an offer of 
     employment is accepted and ending on the date of hire, the 
     individual shall attest, under penalty of perjury on a form 
     designated by the Secretary, that the individual is 
     authorized to be employed in the United States by providing 
     on such form--
       ``(A) the individual's name and date of birth;
       ``(B) the individual's Social Security account number 
     (unless the individual has applied for and not yet been 
     issued such a number);
       ``(C) whether the individual is--
       ``(i) a citizen or national of the United States;
       ``(ii) an alien lawfully admitted for permanent residence; 
     or
       ``(iii) an alien who is otherwise authorized by the 
     Secretary to be employed in the United States; and
       ``(D) if the individual does not attest to United States 
     citizenship or nationality, such identification or other 
     authorization number established by the Department of 
     Homeland Security for the alien as the Secretary may specify.
       ``(2) Employer attestation after examination of 
     documents.--Not later than 3 business days after the date of 
     hire, the individual or entity shall attest, under penalty of 
     perjury on the form designated under paragraph (1), the 
     verification that the individual is not an unauthorized alien 
     by--
       ``(A) obtaining from the individual the information 
     described in paragraph (1) and recording such information on 
     the form;
       ``(B) examining--
       ``(i) a document described in paragraph (3)(A); or
       ``(ii) a document described in paragraph (3)(B) and a 
     document described in paragraph (3)(C); and
       ``(C) attesting that the information recorded on the form 
     is consistent with the documents examined.
       ``(3) Acceptable documents.--
       ``(A) Documents establishing employment authorization and 
     identity.--A document described in this subparagraph is an 
     individual's--
       ``(i) United States passport or passport card;
       ``(ii) permanent resident card that contains a photograph;
       ``(iii) foreign passport containing temporary evidence of 
     lawful permanent residence in the form of an official I-551 
     (or successor) stamp from the Department of Homeland Security 
     or a printed notation on a machine-readable immigrant visa;
       ``(iv) unexpired employment authorization document that 
     contains a photograph;
       ``(v) in the case of a nonimmigrant alien authorized to 
     engage in employment for a specific employer incident to 
     status, a foreign passport with Form I-94, Form I-94A, or 
     other documentation as designated by the Secretary specifying 
     the alien's nonimmigrant status as long as such status has 
     not yet expired and the proposed employment is not in 
     conflict with any restrictions or limitations identified in 
     the documentation;
       ``(vi) passport from the Federated States of Micronesia or 
     the Republic of the Marshall Islands with Form I-94, Form I-
     94A, or other documentation as designated by the Secretary, 
     indicating nonimmigrant admission under the Compact of Free 
     Association Between the United States and the Federated 
     States of Micronesia or the Republic of the Marshall Islands; 
     or
       ``(vii) another document designated by the Secretary, by 
     notice published in the Federal Register, if the document--

       ``(I) contains a photograph of the individual, biometric 
     identification data, and other personal identifying 
     information relating to the individual;
       ``(II) is evidence of authorization for employment in the 
     United States; and
       ``(III) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.

       ``(B) Documents establishing identity.--A document 
     described in this subparagraph is--
       ``(i) an individual's driver's license or identification 
     card if the license or card--

       ``(I) was issued by a State or an outlying possession of 
     the United States;
       ``(II) contains a photograph and personal identifying 
     information relating to the individual; and
       ``(III) meets the requirements under section 202 of the 
     REAL ID Act of 2005 (division B of Public Law 109-13; 49 
     U.S.C. 30301 note) and complies with the travel rules under 
     the Western Hemisphere Travel Initiative;

       ``(ii) an individual's unexpired United States military 
     identification card;
       ``(iii) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(iv) a document establishing identity that the Secretary 
     determines, by notice published in the Federal Register, to 
     be acceptable for purposes of this subparagraph, if such 
     documentation contains--

       ``(I) a photograph of the individual and other personal 
     identifying information relating to the individual; and
       ``(II) security features to make it resistant to tampering, 
     counterfeiting, and fraudulent use.

       ``(C) Documents establishing employment authorization.--A 
     document described in this subparagraph is--
       ``(i) an individual's Social Security account number card 
     (other than such a card which specifies on its face that the 
     issuance of the card does not authorize employment in the 
     United States); or
       ``(ii) a document establishing employment authorization 
     that the Secretary determines, by notice published in the 
     Federal Register, to be acceptable for purposes of this 
     subparagraph if such documentation contains security features 
     to make it resistant to tampering, counterfeiting, and 
     fraudulent use.
       ``(D) Authority to prohibit use of certain documents.--If 
     the Secretary determines that any document or class of 
     documents described in subparagraph (A), (B), or (C) does not 
     reliably establish identity or employment authorization or is 
     being used fraudulently to an unacceptable degree, the 
     Secretary, by notice published in the Federal Register, may 
     prohibit or place conditions on the use of such document or 
     class of documents for purposes of this section.
       ``(E) Authority to waive photograph requirement.--The 
     Secretary, in the sole discretion of the Secretary, may 
     confirm the identity of an individual who submits a document 
     described in subparagraph (B)(iv) that does not contain a 
     photograph of the individual under exceptional circumstances, 
     including the individual's religious beliefs.
       ``(4) Use of the system to screen identity and employment 
     authorization.--
       ``(A) In general.--A person or entity that uses the System 
     for the hiring, recruiting, or referring for a fee an 
     individual for employment in the United States, during the 
     period described in subparagraph (B), shall submit an inquiry 
     through the System to seek confirmation of the identity and 
     employment authorization of the individual.
       ``(B) Confirmation period.--
       ``(i) In general.--Except as provided in clause (ii), and 
     subject to subsection (d), the confirmation period shall 
     begin on the date of hire and end on the date that is 3 
     business

[[Page S9705]]

     days after the date of hire, or such other reasonable period 
     as the Secretary may prescribe.
       ``(ii) Special rule.--The confirmation period of an alien 
     who is authorized to be employed in the United States and 
     provides evidence from the Social Security Administration 
     that the alien has applied for a Social Security account 
     number shall end 3 business days after the alien receives 
     such Social Security account number.
       ``(C) Confirmation.--A person or entity receiving 
     confirmation of an individual's identity and employment 
     authorization shall record such confirmation on the form 
     designated by the Secretary for purposes of paragraph (1).
       ``(D) Tentative nonconfirmation.--
       ``(i) In general.--In cases of tentative nonconfirmation, 
     the Secretary, in consultation with the Commissioner, shall 
     provide a process for--

       ``(I) an individual to contest the tentative 
     nonconfirmation not later than 10 business days after the 
     date of the receipt of the notice described in clause (ii); 
     and
       ``(II) the Secretary to issue a confirmation or final 
     nonconfirmation of an individual's identity and employment 
     authorization not later than 30 days after the Secretary 
     receives notice from the individual contesting a tentative 
     nonconfirmation.

       ``(ii) Notice.--Not later than 3 business days after 
     receiving a tentative nonconfirmation of an individual's 
     identity or employment authorization in the System, a person 
     or entity shall--

       ``(I) provide such individual with written notification--

       ``(aa) in a language understood by the individual;
       ``(bb) on a form designated by the Secretary; and
       ``(cc) that includes a description of the individual's 
     right to contest the tentative nonconfirmation; and

       ``(II) attest, under penalty of perjury, that the person or 
     entity provided (or attempted to provide) such notice to the 
     individual, who shall acknowledge receipt of such notice in a 
     manner specified by the Secretary.

       ``(iii) No contest.--

       ``(I) In general.--A tentative nonconfirmation shall become 
     final if, upon receiving the notice described in clause (ii), 
     the individual--

       ``(aa) refuses to acknowledge receipt of such notice;
       ``(bb) acknowledges in writing, in a manner specified by 
     the Secretary, that the individual will not contest the 
     tentative nonconfirmation; or
       ``(cc) fails to contest the tentative nonconfirmation 
     within the 10-business-day period beginning on the date the 
     individual received such notice.

       ``(II) Record of no contest.--The person or entity shall--

       ``(aa) indicate in the System that the individual refused 
     to acknowledge receipt of, or did not contest, the tentative 
     nonconfirmation; and
       ``(bb) specify the reason that the tentative 
     nonconfirmation became final under subclause (I).

       ``(III) Effect of failure to contest.--An individual's 
     failure to contest a tentative nonconfirmation shall not be 
     considered an admission of any fact with respect to any 
     violation of this Act or any other provision of law.

       ``(iv) Contest.--

       ``(I) In general.--An individual may contest a tentative 
     nonconfirmation by using the tentative nonconfirmation review 
     process under clause (i), not later than 10 business days 
     after receiving the notice described in clause (ii). Except 
     as provided in clause (iii), the nonconfirmation shall remain 
     tentative until a confirmation or final nonconfirmation is 
     provided by the System.
       ``(II) Prohibition on termination.--A person or entity may 
     not terminate employment or take any adverse employment 
     action against an individual for failure to obtain 
     confirmation of the individual's identity and employment 
     authorization until the person or entity receives a notice of 
     final nonconfirmation from the System. Nothing in this 
     subclause may be construed to prohibit an employer from 
     terminating the employment of the individual for any other 
     lawful reason.
       ``(III) Confirmation or final nonconfirmation.--The 
     Secretary, in consultation with the Commissioner, shall issue 
     notice of a confirmation or final nonconfirmation of the 
     individual's identity and employment authorization not later 
     than 30 days after the date on which the Secretary receives 
     notice from the individual contesting the tentative 
     nonconfirmation.
       ``(IV) Continuance.--If the relevant data needed to confirm 
     the identity of an individual is not maintained by the 
     Department of Homeland Security, the Social Security 
     Administration, or the Department of State, or if the 
     employee is unable to contact the Department of Homeland 
     Security or the Social Security Administration, the 
     Secretary, in the sole discretion of the Secretary, may place 
     the case in continuance.

       ``(E) Final nonconfirmation.--
       ``(i) Notice.--If a person or entity receives a final 
     nonconfirmation of an individual's identity or employment 
     authorization, the person or entity, not later than 5 
     business days after receiving such final nonconfirmation, 
     shall--

       ``(I) notify such individual of the final nonconfirmation 
     in writing, on a form designated by the Secretary, which 
     shall include information regarding the individual's right to 
     appeal the final nonconfirmation in accordance with 
     subparagraph (F); and
       ``(II) attest, under penalty of perjury, that the person or 
     entity provided (or attempted to provide) the notice to the 
     individual, who shall acknowledge receipt of such notice in a 
     manner designated by the Secretary.

       ``(ii) Termination or notification of continued 
     employment.--If a person or entity receives a final 
     nonconfirmation regarding an individual, the person or entity 
     may terminate employment of the individual. If the person or 
     entity does not terminate such employment pending appeal of 
     the final nonconfirmation, the person or entity shall notify 
     the Secretary of such fact through the System. Failure to 
     notify the Secretary in accordance with this clause shall be 
     deemed a violation of section 274A(a)(1)(A).
       ``(iii) Presumption of violation for continued 
     employment.--If a person or entity continues to employ an 
     individual after receipt of a final nonconfirmation, and an 
     appeal of the nonconfirmation is not pending, there shall be 
     a rebuttable presumption that the person or entity has 
     violated paragraphs (1)(A) and (2) of section 274A(a).
       ``(F) Appeal of final nonconfirmation.--
       ``(i) Administrative appeal.--The Secretary, in 
     consultation with the Commissioner and the Assistant Attorney 
     General for Civil Rights, shall develop a process by which an 
     individual may seek administrative review of a final 
     nonconfirmation. Such process shall--

       ``(I) permit the individual to submit additional evidence 
     establishing identity or employment authorization;
       ``(II) ensure prompt resolution of an appeal, including a 
     response to the appeal in all circumstances within 60 days; 
     and
       ``(III) permit the Secretary to impose a civil money 
     penalty equal to not more than $500 on any individual who 
     files a frivolous appeal or files an appeal for purposes of 
     delay.

       ``(ii) Compensation for lost wages resulting from 
     government error or omission.--

       ``(I) In general.--If, upon consideration of an appeal of a 
     final nonconfirmation, the Secretary determines that the 
     final nonconfirmation was issued in error, the Secretary 
     shall further determine whether the final nonconfirmation was 
     the result of government error or omission. If the Secretary 
     determines that the final nonconfirmation was solely the 
     result of Government error or omission and the individual was 
     terminated from employment, the Secretary shall compensate 
     the individual for lost wages.
       ``(II) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that were 
     in effect prior to the individual's termination. The 
     individual shall be compensated for lost wages beginning on 
     the first scheduled work day after employment was terminated 
     and ending 90 days after completion of the administrative 
     review process described in this subparagraph or the day the 
     individual is reinstated or obtains other employment, 
     whichever occurs first.
       ``(III) Limitation on compensation.--Compensation for lost 
     wages may not be awarded for any period during which the 
     individual was not authorized for employment in the United 
     States.
       ``(IV) Source of funds.--There is established in the 
     general fund of the Treasury, a separate account, which shall 
     be known as the `Electronic Verification Compensation 
     Account'. Monetary penalties collected pursuant to 
     subsections (f) and (g) shall be deposited in the Electronic 
     Verification Compensation Account and shall remain available 
     for purposes of providing compensation for lost wages under 
     this clause.

       ``(iii) Judicial review.--Not later than 30 days after the 
     dismissal of an appeal under this subparagraph, an individual 
     may seek judicial review of such dismissal in the United 
     States District Court in the jurisdiction in which the 
     employer resides or conducts business.
       ``(5) Retention of verification records.--
       ``(A) In general.--After completing the form designated by 
     the Secretary under paragraph (1) with respect to an 
     individual, a person or entity shall retain such form in 
     paper, microfiche, microfilm, electronic, or other format 
     deemed acceptable by the Secretary, and make such form 
     available for inspection by officers of the Department of 
     Homeland Security, the Department of Justice, or the 
     Department of Labor during the period beginning on the date 
     the verification is completed and ending on the later of--
       ``(i) the date that is 3 years after the date hire; or
       ``(ii) the date that is 1 year after the date on which such 
     individual's employment is terminated.
       ``(B) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, a person or entity may, for the 
     purpose of complying with the requirements under this 
     section--
       ``(i) copy a document presented by an individual pursuant 
     to this subsection; and
       ``(ii) retain such copy.
       ``(c) Reverification of Previously Hired Individuals.--
       ``(1) Mandatory reverification.--A person or entity that 
     uses the System for the hiring, recruiting, or referring for 
     a fee an individual for employment in the United States shall 
     submit an inquiry through the System to verify the identity 
     and employment authorization of--

[[Page S9706]]

       ``(A) an individual with a limited period of employment 
     authorization, when such employment authorization expires;
       ``(B) an individual, not later than 10 days after receiving 
     a notification from the Secretary requiring the verification 
     of such individual pursuant to subsection (a)(4)(C); and
       ``(C) an individual employed by an employer required to 
     participate in the E-Verify Program described in section 
     403(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) by reason of 
     any Federal, State, or local law, Executive order, rule, 
     regulation, or delegation of authority, including employers 
     required to participate in such program by reason of Federal 
     acquisition laws (and regulations promulgated under such 
     laws, including the Federal Acquisition Regulation).
       ``(2) Reverification procedures.--The verification 
     procedures under subsection (b) shall apply to 
     reverifications under this subsection, except that employers 
     shall--
       ``(A) use a form designated by the Secretary for purposes 
     of this paragraph; and
       ``(B) retain the form in paper, microfiche, microfilm, 
     electronic, or other format approved by the Secretary, and 
     make the form available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the later 
     of--
       ``(i) the date that is 3 years after the date of 
     reverification; or
       ``(ii) the date that is 1 year after the date on which the 
     individual's employment is terminated.
       ``(d) Good Faith Compliance.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, a person or entity that uses the System is 
     considered to have complied with the requirements under this 
     section notwithstanding a technical failure of the System, or 
     other technical or procedural failure to meet such 
     requirement if there was a good faith attempt to comply with 
     such requirement.
       ``(2) Exception for failure to correct after notice.--
     Paragraph (1) shall not apply if--
       ``(A) the failure of the person or entity to meet a 
     requirement under this section is not de minimis;
       ``(B) the Secretary has provided notice to the person or 
     entity of such failure, including an explanation as to why 
     such failure is not de minimis;
       ``(C) the person or entity has been provided a period of 
     not less than 30 days (beginning after the date of the 
     notice) to correct such failure; and
       ``(D) the person or entity has not corrected such failure 
     voluntarily within such period.
       ``(3) Exception for pattern or practice violators.--
     Paragraph (1) shall not apply to a person or entity that has 
     engaged or is engaging in a pattern or practice of violations 
     of paragraph (1)(A) or (2) of section 274A(a).
       ``(4) Defense.--A person or entity that uses the System for 
     the hiring, recruiting, or referring for a fee an individual 
     for employment in the United States--
       ``(A) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law, for any 
     employment-related action taken with respect to an employee 
     in good-faith reliance on information provided by the System; 
     and
       ``(B) shall be deemed to have established compliance with 
     its obligations under this section, absent a showing by the 
     Secretary, by clear and convincing evidence, that the 
     employer had knowledge that an employee is an unauthorized 
     alien.
       ``(e) Limitations.--
       ``(1) No national identification card.--Nothing in this 
     section may be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(2) Use of records.--Notwithstanding any other provision 
     of law, nothing in this section may be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, database, or 
     other records assembled under this section for any purpose 
     other than the verification of identity and employment 
     authorization of an individual or to ensure the secure, 
     appropriate, and non-discriminatory use of the System.
       ``(f) Penalties.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the provisions of subsections (e) through (g) of 
     section 274A shall apply with respect to compliance with the 
     provisions under this section and penalties for noncompliance 
     for persons or entitles that use the System.
       ``(2) Cease and desist order with civil money penalties for 
     hiring, recruiting, and referral violations.--Notwithstanding 
     the civil money penalties set forth in section 274A(e)(4), 
     with respect to a violation of paragraph (1)(A) or (2) of 
     section 274A(a) by a person or entity that is subject to the 
     provisions under this section that has hired, recruited, or 
     referred for a fee, an individual for employment in the 
     United States, a cease and desist order--
       ``(A) shall require the person or entity to pay a civil 
     penalty in an amount, subject to subsection (d), that is 
     equal to--
       ``(i) not less than $2,500 and not more than $5,000 for 
     each unauthorized alien with respect to whom a violation of 
     either such subsection occurred;
       ``(ii) not less than $5,000 and not more than $10,000 for 
     each such alien in the case of a person or entity previously 
     subject to 1 order under this paragraph; or
       ``(iii) not less than $10,000 and not more than $25,000 for 
     each such alien in the case of a person or entity previously 
     subject to more than 1 order under this paragraph; and
       ``(B) may require the person or entity to take other 
     appropriate remedial action.
       ``(3) Order for civil money penalty for verification 
     violations.--Notwithstanding paragraphs (4) and (5) of 
     section 274A(e) and any other Federal law relating to civil 
     monetary penalties, any person or entity that is required to 
     comply with the provisions of this section that violates 
     section 274A(a)(1)(B) shall be required to pay a civil 
     penalty in an amount, subject to paragraphs (5), (6), and 
     (7), that is equal to not less than $1,000 and not more than 
     $25,000 for each individual with respect to whom such 
     violation occurred.
       ``(4) System use violation.--Failure by a person or entity 
     to utilize the System as required by law or providing 
     information to the System that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of section 274A(a)(1)(A).
       ``(5) Exemption from penalty for good faith violation.--
       ``(A) In general.--A person or entity that uses the System 
     is presumed to have acted with knowledge for purposes of 
     paragraphs (1)(A) and (2) of section 274A(a) if the person or 
     entity fails to make an inquiry to verify the identity and 
     employment authorization of the individual through the 
     System.
       ``(B) Good faith exemption.--In the case of imposition of a 
     civil penalty under paragraph (2)(A) with respect to a 
     violation of paragraph (1)(A) or (2) of section 274A(a) for 
     hiring or continuation of employment or recruitment or 
     referral by a person or entity, and in the case of imposition 
     of a civil penalty under paragraph (3) for a violation of 
     section 274A(a)(1)(B) for hiring or recruitment or referral 
     by a person or entity, the penalty otherwise imposed may be 
     waived or reduced if the person or entity establishes that 
     the person or entity acted in good faith.
       ``(6) Penalty adjustment factors.--For purposes of 
     paragraphs (2)(A) and (3), when assessing the level of civil 
     money penalties for a particular case, in addition to the 
     good faith of the person or entity being charged, due 
     consideration shall be given to factors such as the size of 
     the business, the seriousness of the violation, whether or 
     not the individual was an unauthorized alien, and the history 
     of previous violations, which factors may be aggravating, 
     mitigating, or neutral depending on the facts of each case.
       ``(7) Criminal penalty.--Notwithstanding section 274A(f)(1) 
     and the provisions of any other Federal law relating to fine 
     levels, any person or entity required to comply with the 
     provisions under this section that engages in a pattern or 
     practice of violations of paragraph (1) or (2) of section 
     274A(a)--
       ``(A) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to whom such a violation 
     occurs;
       ``(B) shall imprisoned for not more than 18 months; or
       ``(C) shall subject to the fine under subparagraph (A) and 
     imprisonment under subparagraph (B).
       ``(8) Electronic verification compensation account.--Civil 
     money penalties collected pursuant to this subsection shall 
     be deposited in the Electronic Verification Compensation 
     Account for the purpose of compensating individuals for lost 
     wages as a result of a final nonconfirmation issued by the 
     System that was based on government error or omission, in 
     accordance with subsection (b)(4)(F)(ii)(IV).
       ``(9) Debarment.--
       ``(A) In general.--If the Secretary determines that a 
     person or entity is a repeat violator of paragraph (1)(A) or 
     (2) of section 274A(a) or has been convicted of a crime under 
     section 274A, such person or entity may be considered for 
     debarment from the receipt of Federal contracts, grants, or 
     cooperative agreements in accordance with the debarment 
     standards and pursuant to the debarment procedures set forth 
     in the Federal Acquisition Regulation.
       ``(B) No contract, grant, agreement.--If the Secretary or 
     the Attorney General determines that a person or entity 
     should be considered for debarment under this paragraph, and 
     such person or entity does not hold a Federal contract, grant 
     or cooperative agreement, the Secretary or the Attorney 
     General shall refer the matter to the Administrator of 
     General Services to determine whether to list the person or 
     entity on the List of Parties Excluded from Federal 
     Procurement and Nonprocurement Programs, and if so, for what 
     duration and under what scope.
       ``(C) Contract, grant, agreement.--If the Secretary or the 
     Attorney General determines that a person or entity should be 
     considered for debarment under this paragraph, and such 
     person or entity holds a Federal contract, grant, or 
     cooperative agreement, the Secretary or the Attorney 
     General--
       ``(i) shall advise all agencies or departments holding a 
     contract, grant, or cooperative agreement with the person or 
     entity of the Government's interest in having such person or 
     entity considered for debarment; and
       ``(ii) after soliciting and considering the views of all 
     such agencies and departments, may refer the matter to the 
     appropriate lead agency to determine whether to list the 
     person or entity on the List of Parties Excluded

[[Page S9707]]

     from Federal Procurement and Nonprocurement Programs, and if 
     so, for what duration and under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this subsection shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(10) Preemption.--This section preempts any State or 
     local law, ordinance, policy, or rule, including any criminal 
     or civil fine or penalty structure, relating to the hiring, 
     continued employment, or status verification for employment 
     eligibility purposes, of unauthorized aliens, except that a 
     State, locality, municipality, or political subdivision may 
     exercise its authority over business licensing and similar 
     laws as a penalty for failure to use the System as required 
     under this section.
       ``(g) Unfair Immigration-Related Employment Practices and 
     the System.--
       ``(1) In general.--In addition to the prohibitions on 
     discrimination set forth in section 274B, it is an unfair 
     immigration-related employment practice for a person or 
     entity, in the course of utilizing the System--
       ``(A) to use the System for screening an applicant before 
     the date of hire;
       ``(B) to terminate the employment of an individual or take 
     any adverse employment action with respect to that individual 
     due to a tentative nonconfirmation issued by the System;
       ``(C) to use the System to screen any individual for any 
     purpose other than confirmation of identity and employment 
     authorization in accordance with this section;
       ``(D) to use the System to verify the identity and 
     employment authorization of a current employee, including an 
     employee continuing in employment, other than for purposes of 
     reverification authorized under subsection (c);
       ``(E) to use the System to discriminate based on national 
     origin or citizenship status;
       ``(F) to willfully fail to provide an individual with any 
     notice required under this chapter;
       ``(G) to require an individual to make an inquiry under the 
     self-verification procedures described in subsection 
     (a)(4)(B) or to provide the results of such an inquiry as a 
     condition of employment, or hiring, recruiting, or referring; 
     or
       ``(H) to terminate the employment of an individual or take 
     any adverse employment action with respect to that individual 
     based upon the need to verify the identity and employment 
     authorization of the individual in accordance with subsection 
     (b).
       ``(2) Preemployment screening and background check.--
     Nothing in paragraph (1)(A) may be construed to preclude a 
     preemployment screening or background check that is required 
     or permitted under any other provision of law.
       ``(3) Civil money penalties for unfair immigration-related 
     employment practices involving system misuse.--
     Notwithstanding section 274B(g)(2)(B)(iv), the penalties that 
     may be imposed by an administrative law judge with respect to 
     a finding that a person or entity has engaged in an unfair 
     immigration-related employment practice described in 
     paragraph (1) are--
       ``(A) not less than $1,000 and not more than $4,000 for 
     each aggrieved individual;
       ``(B) in the case of a person or entity previously subject 
     to a single order under this paragraph, not less than $4,000 
     and not more than $10,000 for each aggrieved individual; and
       ``(C) in the case of a person or entity previously subject 
     to more than 1 order under this paragraph, not less than 
     $6,000 and not more than $20,000 for each aggrieved 
     individual.
       ``(4) Electronic verification compensation account.--
       ``(A) Use of civil monetary penalties.--Civil money 
     penalties collected under this subsection shall be deposited 
     into the Electronic Verification Compensation Account for the 
     purpose of compensating individuals for lost wages as a 
     result of a final nonconfirmation issued by the System that 
     was based on a Government error or omission described in 
     subsection (b)(4)(F)(ii)(IV).
       ``(B) Alternative use of funds.--Any amounts deposited into 
     the Electronic Verification Compensation Account pursuant to 
     subparagraph (A) that are not used within 5 years to 
     compensate individuals under such subparagraph shall be made 
     available to the Secretary and the Attorney General to 
     provide education to employers and employees regarding the 
     requirements, obligations, and rights under the System.
       ``(h) Clarification.--All rights and remedies provided 
     under any Federal, State, or local law relating to workplace 
     rights, including back pay, are available to an employee 
     despite--
       ``(1) the employee's status as an unauthorized alien during 
     or after the period of employment; or
       ``(2) the employer's or employee's failure to comply with 
     the requirements under this section.
       ``(i) Defined Term.--In this section, the term `date of 
     hire' means the date on which employment for pay or other 
     remuneration commences.''.
       (b) Conforming Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 274D 
     the following:

``Sec. 274E. Requirements for the electronic verification of employment 
              eligibility.''.

     SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR THE 
                   AGRICULTURAL INDUSTRY.

       (a) Defined Term.--In this section, the term ``agricultural 
     employment'' means agricultural labor or services (as defined 
     in section 101(a)(15)(H)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
       (b) In General.--The requirements for the electronic 
     verification of identity and employment authorization 
     described in section 274E of the Immigration and Nationality 
     Act, as add by section 301, shall apply to a person or entity 
     hiring, recruiting, or referring for a fee an individual for 
     agricultural employment in the United States in accordance 
     with the effective dates set forth in subsection (c).
       (c) Effective Dates.--
       (1) Hiring.--The requirements described in subsection (b) 
     shall apply to a person or entity hiring an individual for 
     agricultural employment in the United States--
       (A) with respect to employers that, on the date of the 
     enactment of this Act, have 500 or more employees in the 
     United States, beginning on the later of--
       (i) the date that is 6 months after the date on which the 
     Secretary of Homeland Security makes the certification 
     required under section 274E(a)(11) of the Immigration and 
     Nationality Act, as added by section 301(a); or
       (ii) 6 years after the date of the enactment of this Act;
       (B) with respect to employers that, on the date of the 
     enactment of this Act, have 100 or more employees in the 
     United States, but fewer than 500 such employees, beginning 
     on the date that is 3 months after the date on which such 
     requirements are applicable to employers described in 
     subparagraph (A);
       (C) with respect to employers that, on the date of the 
     enactment of this Act, have 20 or more employees in the 
     United States, but fewer than 100 such employees, beginning 
     on the date that is 6 months after the date on which such 
     requirements are applicable to employers described in 
     subparagraph (A); and
       (D) with respect to employers that, on the date of the 
     enactment of this Act, have fewer than 20 employees in the 
     United States, beginning on the date that is 9 months after 
     the date on which such requirements are applicable to 
     employers described in subparagraph (A).
       (2) Recruiting and referring for a fee.--The requirements 
     under subsection (b) shall apply to any person or entity 
     recruiting or referring for a fee an individual for 
     agricultural employment in the United States on the date that 
     is 1 year after the completion of the application period 
     described in section 101(c).
       (3) Transition rule.--Except as required under subtitle A 
     of title IV of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), as in 
     effect on the day before the effective date described in 
     section 303(a)(4)), Executive Order 13465 (8 U.S.C. 1324a 
     note; relating to Government procurement), or any State law 
     requiring persons or entities to use the E-Verify Program 
     described in section 403(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note), as in effect on the day before such effective date, 
     sections 274A and 274B of the Immigration and Nationality Act 
     (8 U.S.C. 1324a and 1324b) shall apply to a person or entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States until the applicable effective date 
     under this subsection.
       (4) E-Verify voluntary users and others desiring early 
     compliance.--Nothing in this subsection may be construed to 
     prohibit persons or entities, including persons or entities 
     that have voluntarily elected to participate in the E-Verify 
     Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note), as in effect on the day before the 
     effective date described in section 303(a)(4), from seeking 
     early compliance on a voluntary basis.
       (5) Delayed implementation.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Agriculture, 
     may delay the effective dates described in paragraphs (1) and 
     (2) for a period not to exceed 180 days if the Secretary 
     determines, based on the most recent report described in 
     section 133 and other relevant data, that a significant 
     number of applications under section 101 remain pending.
       (d) Rural Access to Assistance for Tentative 
     Nonconfirmation Review Process.--
       (1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Agriculture, and in 
     consultation with the Commissioner of Social Security, shall 
     create a process for individuals to seek assistance in 
     contesting a tentative nonconfirmation (as described in 
     section 274E(b)(4)(D) of the Immigration and Nationality Act, 
     as added by section 301(a), at local offices or service 
     centers of the Department of Agriculture.
       (2) Staffing and resources.--The Secretary of Homeland 
     Security and the Secretary of Agriculture shall ensure that 
     local offices and service centers of the Department of 
     Agriculture are staffed appropriately and have the resources 
     necessary to provide information and support to individuals 
     seeking the assistance described in paragraph (1), including 
     by facilitating communication between such individuals and 
     the Department of Homeland Security or the Social Security 
     Administration.

[[Page S9708]]

       (3) Rule of construction.--Nothing in this subsection may 
     be construed to delegate authority or transfer responsibility 
     for reviewing and resolving tentative nonconfirmations from 
     the Secretary of Homeland Security and the Commissioner of 
     Social Security to the Secretary of Agriculture.
       (e) Document Establishing Employment Authorization and 
     Identity.--In accordance with section 274E(b)(3)(A)(vii) of 
     the Immigration and Nationality Act, as added by section 
     301(a), and not later than 1 year after the completion of the 
     application period described in section 101(c), the Secretary 
     of Homeland Security shall recognize documentary evidence of 
     certified agricultural worker status described in section 
     102(a)(2) as valid proof of employment authorization and 
     identity for purposes of section 274E(b)(3)(A) of such Act.

     SEC. 303. COORDINATION WITH E-VERIFY PROGRAM.

       (a) Repeal.--
       (1) In general.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (2) Clerical amendment.--The table of sections, in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.
       (3) References.--Any reference in any Federal, State, or 
     local law, Executive order, rule, regulation, or delegation 
     of authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to the E-Verify Program 
     described in section 403(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note), or to the employment eligibility confirmation system 
     established under section 404 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), is deemed to refer to the employment eligibility 
     confirmation system established under section 274E of the 
     Immigration and Nationality Act, as added by section 301(a).
       (4) Effective date.--This subsection, and the amendments 
     made by this subsection, shall take effect on the date that 
     is 30 days after the date on which final rules are published 
     pursuant to section 309(a).
       (b) Former E-Verify Mandatory Users, Including Federal 
     Contractors.--Beginning on the effective date set forth in 
     subsection (a)(4), the Secretary of Homeland Security shall 
     require employers required to participate in the E-Verify 
     Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) by reason of any Federal, State, or 
     local law, Executive order, rule, regulation, or delegation 
     of authority, including employers required to participate in 
     such program by reason of Federal acquisition laws (and 
     regulations promulgated under those laws, including the 
     Federal Acquisition Regulation), to comply with the 
     requirements under section 274E of the Immigration and 
     Nationality Act, as added by section 301(a) (and any 
     additional requirements of such Federal acquisition laws and 
     regulation) instead of any requirement to participate in the 
     E-Verify Program.
       (c) Former E-Verify Voluntary Users.--Beginning on the 
     effective date set forth in subsection (a)(4), the Secretary 
     of Homeland Security shall provide for the voluntary 
     compliance with the requirements under section 274E of the 
     Immigration and Nationality Act, as added by section 301(a), 
     by employers voluntarily electing to participate in the E-
     Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) before such effective date.

     SEC. 304. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``identification 
     document,'' and inserting ``identification document or 
     document intended to establish employment authorization,'';
       (2) in paragraph (2), by striking ``identification 
     document'' and inserting ``identification document or 
     document intended to establish employment authorization,''; 
     and
       (3) in the undesignated matter following paragraph (3) by 
     striking ``of section 274A(b)'' and inserting ``under section 
     274A(b) or 274E(b)''.

     SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Unlawful Employment of Aliens.--Section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by striking ``subsection (b) or (ii)'' and inserting 
     the following: "subsection (b); or
       ``(ii)''; and
       (B) in clause (ii), by striking ``subsection (b).'' and 
     inserting ``section 274E.''; and
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``The requirements referred'' and inserting 
     ``Except as provided in section 274E, the requirements 
     referred''.
       (b) Unfair Immigration-related Employment Practices.--
     Section 274B(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324b(a)) is amended--
       (1) in paragraph (1)(B), by striking ``in the case of a 
     protected individual (as defined in paragraph (3)),'';
       (2) by striking paragraph (3); and
       (3) by inserting after paragraph (2) the following:
       ``(3) Misuse of verification system.--It is an unfair 
     immigration-related employment practice for a person or other 
     entity to misuse the verification system as described in 
     section 274E(g).''.

     SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for all fiscal 
     years beginning on or after October 1, 2023, the Commissioner 
     of Social Security and the Secretary of Homeland Security 
     shall ensure that an agreement is in place that--
       (1) provides funds to the Commissioner for the full costs 
     of the responsibilities of the Commissioner with respect to 
     employment eligibility verification, including 
     responsibilities described in this title and in the 
     amendments made by this title, such as--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of such 
     responsibilities, but only that portion of such costs that 
     are attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation or administratively appeal a final 
     nonconfirmation provided with respect to employment 
     eligibility verification;
       (2) provides the funds required under paragraph (1) 
     annually in advance of the applicable quarter based on an 
     estimating methodology agreed to by the Commissioner and the 
     Secretary (except in such instances where the delayed 
     enactment of an annual appropriation may preclude such 
     quarterly payments); and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under such 
     agreement, which shall be reviewed by the Inspector General 
     of the Social Security Administration and the Inspector 
     General of the Department of Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) In general.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement described 
     in such subsection shall be deemed in effect on an interim 
     basis for such fiscal year until such time as an agreement 
     required under subsection (a) is subsequently reached, except 
     that the terms of such interim agreement shall be modified to 
     adjust for inflation and any increase or decrease in the 
     volume of requests under the employment eligibility 
     verification system.
       (2) Notification requirements.--
       (A) In general.--Not later than October 1 of any fiscal 
     year during which an interim agreement applies under 
     paragraph (1), the Commissioner and the Secretary shall 
     notify the Committee on Finance of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Ways and Means 
     of the House of Representatives, the Committee on the 
     Judiciary of the House of Representatives, and the Committee 
     on Appropriations of the House of Representatives of the 
     failure to reach the agreement required under subsection (a) 
     for such fiscal year.
       (B) Quarterly notifications.--Until the agreement required 
     under subsection (a) has been reached for a fiscal year, the 
     Commissioner and the Secretary, not later than the end of 
     each 90-day period after October 1 of such fiscal year, shall 
     notify the congressional committees referred to in 
     subparagraph (A) of the status of negotiations between the 
     Commissioner and the Secretary in order to reach such an 
     agreement.

     SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELECTRONIC 
                   EMPLOYMENT VERIFICATION SYSTEM.

       Not later than 2 years after the date on which final rules 
     are published pursuant to section 309(a), and annually 
     thereafter, the Secretary of Homeland Security and the 
     Attorney General shall jointly submit a report to Congress 
     that includes--
       (1) an assessment of the accuracy rates of the responses of 
     the electronic employment verification system established 
     under section 274E of the Immigration and Nationality Act, as 
     added by section 301(a) (referred to in this section and 
     section 308 as the ``System''), including tentative and final 
     nonconfirmation notices issued to employment-authorized 
     individuals and confirmation notices issued to individuals 
     who are not employment-authorized;
       (2) an assessment of any challenges faced by persons or 
     entities (including small employers) in utilizing the System;
       (3) an assessment of any challenges faced by employment-
     authorized individuals who are issued tentative or final 
     nonconfirmation notices;
       (4) an assessment of the incidence of unfair immigration-
     related employment practices described in section 274E(g) of 
     the Immigration and Nationality Act, related to the use of 
     the System;
       (5) an assessment of the photo matching and other identity 
     authentication tools described in section 274E(a)(4) of the 
     Immigration and Nationality Act, including--
       (A) the accuracy rates of such tools;
       (B) the effectiveness of such tools at preventing identity 
     fraud and other misuse of identifying information;
       (C) any challenges faced by persons, entities, or 
     individuals utilizing such tools;
       (D) operation and maintenance costs associated with such 
     tools; and
       (E) the privacy and civil liberties safeguards associated 
     with such tools;

[[Page S9709]]

       (6) a summary of the activities and findings of the U.S. 
     Citizenship and Immigrations Services E-Verify Monitoring and 
     Compliance Branch (referred to in this paragraph as the 
     ``Branch''), or any successor office, including--
       (A) the number, types and outcomes of audits, internal 
     reviews, and other compliance activities initiated by the 
     Branch in the previous year;
       (B) the capacity of the Branch to detect and prevent 
     violations of section 274E(g) of the Immigration and 
     Nationality Act; and
       (C) an assessment of the degree to which persons and 
     entities misuse the System, including--
       (i) using the System before an individual's date of hire;
       (ii) failing to provide required notifications to 
     individuals;
       (iii) using the System to interfere with or otherwise 
     impede individuals' assertions of their rights under other 
     laws; and
       (iv) using the System for unauthorized purposes; and
       (7) an assessment of the impact of implementation of the 
     System in the agricultural industry and the use of the 
     verification system in agricultural industry hiring and 
     business practices.

     SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOYMENT 
                   ELIGIBILITY VERIFICATION PROCESS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Homeland Security, in consultation 
     with the Commissioner of Social Security, shall submit a plan 
     to Congress for modernizing and streamlining the employment 
     eligibility verification process. Such plan shall include--
       (1) procedures to allow persons and entities to verify the 
     identity and employment authorization of newly hired 
     individuals where the in-person, physical examination of 
     identity and employment authorization documents is not 
     practicable;
       (2) a proposal to create a simplified employment 
     verification process that allows employers that utilize the 
     System--
       (A) to verify the identity and employment authorization of 
     individuals without having to complete and retain Form I-9, 
     Employment Eligibility Verification, in paper, electronic, or 
     any subsequent replacement form; and
       (B) to maintain evidence of an inspection of the employee's 
     eligibility to work; and
       (3) any other proposal that the Secretary determines would 
     simplify the employment eligibility verification process 
     without compromising the integrity or security of the System.

     SEC. 309. RULEMAKING; PAPERWORK REDUCTION ACT.

       (a) Rulemaking.--
       (1) Proposed rules.--Not later than 270 days before the end 
     of the application period described in section 101(c), the 
     Secretary of Homeland Security shall promulgate and publish 
     in the Federal Register proposed rules implementing this 
     title and the amendments made by this title.
       (2) Final rules.--The Secretary shall finalize the rules 
     promulgated pursuant to paragraph (1) not later than 180 days 
     after the date on which they are published in the Federal 
     Register.
       (b) Paperwork Reduction Act.--
       (1) In general.--The requirements under chapter 35 of title 
     44, United States Code, (commonly known as the ``Paperwork 
     Reduction Act'') shall apply to any action to implement this 
     title or the amendments made by this title.
       (2) Electronic forms.--All forms designated or established 
     by the Secretary that are necessary to implement this title 
     and the amendments made by this title--
       (A) shall be made available in paper or electronic formats; 
     and
       (B) shall be designed in such a manner to facilitate 
     electronic completion, storage, and transmittal.

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