[Congressional Record Volume 169, Number 16 (Wednesday, January 25, 2023)]
[Senate]
[Pages S99-S103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Ms. Duckworth, and Mr. Booker):
  S. 65. A bill to amend the Carl D. Perkins Career and Technical 
Education Act of 2006 to give the Department of Education the authority 
to award competitive grants to eligible entities to establish, expand, 
or support school-based mentoring programs to assist at-risk students 
in middle school and high school in developing cognitive and social-
emotional skills to prepare them for success in high school, 
postsecondary education, and the workforce; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 65

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mentoring to Succeed Act of 
     2023''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to make assistance available for 
     school-based mentoring programs for at-risk students in order 
     to--
       (1) establish, expand, or support school-based mentoring 
     programs;
       (2) assist at-risk students in middle school and high 
     school in developing cognitive and social-emotional skills; 
     and
       (3) prepare such at-risk students for success in high 
     school, postsecondary education, and the workforce.

     SEC. 3. SCHOOL-BASED MENTORING PROGRAM.

       Part C of title I of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2351 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 136. DISTRIBUTION OF FUNDS FOR SCHOOL-BASED MENTORING 
                   PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) At-risk student.--The term `at-risk student' means a 
     student who--
       ``(A) is failing academically or at risk of dropping out of 
     school;
       ``(B) is pregnant or a parent;
       ``(C) is a gang member;
       ``(D) is a child or youth in foster care or a youth who has 
     been emancipated from foster care, but is still enrolled in 
     high school;
       ``(E) is or has recently been a homeless child or youth;
       ``(F) is chronically absent;
       ``(G) has changed schools 3 or more times in the past 6 
     months;
       ``(H) has come in contact with the juvenile justice system 
     in the past;
       ``(I) has a history of multiple suspensions or disciplinary 
     actions;
       ``(J) is an English learner;
       ``(K) has one or both parents incarcerated;
       ``(L) has experienced one or more adverse childhood 
     experiences, traumatic events, or toxic stressors, as 
     assessed through an evidence-based screening;
       ``(M) lives in a high-poverty area with a high rate of 
     community violence;
       ``(N) has a disability; or
       ``(O) shows signs of alcohol or drug misuse or abuse or has 
     a parent or guardian who is struggling with substance abuse.
       ``(2) Disability.--The term `disability' has the meaning 
     given the term for purposes of section 602(3) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1401(3)).
       ``(3) Eligible entity.--The term `eligible entity'--
       ``(A) means a high-need local educational agency, high-need 
     school, or local government entity; and
       ``(B) may include a partnership between an entity described 
     in subparagraph (A) and a nonprofit, community-based, or 
     faith-based organization, or institution of higher education.
       ``(4) English learner.--The term `English learner' has the 
     meaning given the term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(5) Foster care.--The term `foster care' has the meaning 
     given the term in section 1355.20(a) of title 45, Code of 
     Federal Regulations (or any successor regulation).
       ``(6) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency that serves at least one high-need school.
       ``(7) High-need school.--The term `high-need school' has 
     the meaning given the term in section 2211(b) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6631(b)).
       ``(8) Homeless children and youths.--The term `homeless 
     children and youths' has the meaning given the term in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a).
       ``(9) School-based mentoring.--The term `school-based 
     mentoring' means a structured, managed, evidenced-based 
     program conducted in partnership with teachers, 
     administrators, school psychologists, school social workers 
     or counselors, and other school staff, in which at-risk 
     students are appropriately matched with screened and trained 
     professional or volunteer mentors who provide guidance, 
     support, and encouragement, involving meetings, group-based 
     sessions, and educational and workforce-related activities on 
     a regular basis to prepare at-risk students for success in 
     high school, postsecondary education, and the workforce.
       ``(b) School-based Mentoring Competitive Grant Program.--
       ``(1) In general.--The Secretary shall award grants on a 
     competitive basis to eligible entities to establish, expand, 
     or support school-based mentoring programs that--
       ``(A) are designed to assist at-risk students in high-need 
     schools in developing cognitive skills and promoting social-
     emotional learning to prepare them for success in high 
     school, postsecondary education, and the workforce by linking 
     them with mentors who--
       ``(i) have received mentor training, including on trauma-
     informed practices, youth engagement, cultural competency, 
     and social-emotional learning; and
       ``(ii) have been screened using appropriate reference 
     checks and criminal background checks, in accordance with the 
     requirements of paragraph (3)(B)(v)(ii);
       ``(B) provide coaching and technical assistance to mentors 
     in each such mentoring program;
       ``(C) seek to--
       ``(i) improve the academic achievement of at-risk students;
       ``(ii) reduce dropout rates and absenteeism and improve 
     school engagement of at-risk students and their families;
       ``(iii) reduce juvenile justice involvement of at-risk 
     students;
       ``(iv) foster positive relationships between at-risk 
     students and their peers, teachers, other adults, and family 
     members;
       ``(v) develop the workforce readiness skills of at-risk 
     students by exploring paths to employment, including 
     encouraging students with disabilities to explore transition 
     services; and
       ``(vi) increase the participation of at-risk students in 
     community service activities; and

[[Page S100]]

       ``(D) encourage at-risk students to set goals and plan for 
     their futures, including making plans and identifying goals 
     for postsecondary education and the workforce.
       ``(2) Duration.--The Secretary shall award grants under 
     this section for a period not to exceed 5 years.
       ``(3) Application.--To receive a grant under this section, 
     an eligible entity shall submit to the Secretary an 
     application that includes--
       ``(A) a needs assessment that includes baseline data on the 
     measures described in paragraph (6)(A)(ii); and
       ``(B) a plan to meet the requirements of paragraph (1), 
     including--
       ``(i) the targeted outcomes, mentee age and eligibility, 
     mentor type, and meeting frequency for the program;
       ``(ii) the number of mentor-student matches proposed to be 
     established and maintained annually under the program;
       ``(iii) the capacity and expertise of the program to serve 
     children and youth in a way that is responsive to children 
     and youth of color, expectant and parenting youth, indigenous 
     youth, youth who are lesbian, gay, bisexual, transgendered, 
     or queer, and youth with disabilities;
       ``(iv) actions taken to ensure that the design of the 
     program reflects input from youth;
       ``(v) an assurance that mentors supported under the program 
     are appropriately screened and have demonstrated a 
     willingness to comply with aspects of the mentoring program, 
     including--

       ``(I) a written screening plan that includes all of the 
     policies and procedures used to screen and select mentors, 
     including eligibility requirements and preferences for such 
     applicants;
       ``(II) a description of the methods to be used to conduct 
     criminal background checks on all prospective mentors, and 
     the methods in place to exclude mentors with convictions 
     directly related to child safety that occur during the 
     mentor's participation in the program or in the 10-year 
     period preceding the mentor's participation; and
       ``(III) a description of the methods to be used to ensure 
     that the mentors are willing and able to serve as a mentor on 
     a long-term, consistent basis as defined in the application.

       ``(4) Priority.--In selecting grant recipients, the 
     Secretary shall give priority to applicants that--
       ``(A) serve children and youth with the greatest need 
     living in high-poverty, high-crime areas, or rural areas, or 
     who attend schools with high rates of community violence;
       ``(B) provide at-risk students with opportunities for 
     postsecondary education preparation and career development, 
     including--
       ``(i) job training, professional development, work 
     shadowing, internships, networking, resume writing and 
     review, interview preparation, transition services for 
     students with disabilities, application assistance and visits 
     to institutions of higher education, and leadership 
     development through community service; and
       ``(ii) partnerships with the private sector and local 
     businesses to provide internship and career exploration 
     activities and resources;
       ``(C) seek to provide match lengths between at-risk 
     students and mentors for at least 1 academic year; and
       ``(D) consult and engage youth in the development, design, 
     and implementation of the program.
       ``(5) Use of funds.--An eligible entity that receives a 
     grant under this section may use such funds to--
       ``(A) develop and carry out regular training for mentors, 
     including on--
       ``(i) the impact of adverse childhood experiences;
       ``(ii) trauma-informed practices and interventions;
       ``(iii) supporting homeless children and youths;
       ``(iv) supporting children and youth in foster care or 
     youth who have been emancipated from foster care, but are 
     still enrolled in high school;
       ``(v) cultural competency;
       ``(vi) meeting all appropriate privacy and confidentiality 
     requirements for students, including students in foster care;
       ``(vii) working in coordination with a public school 
     system;
       ``(viii) positive youth development and engagement 
     practices; and
       ``(ix) disability inclusion practices to ensure access and 
     participation by students with disabilities;
       ``(B) recruit, screen, match, train, and compensate 
     mentors;
       ``(C) hire staff to perform or support the objectives of 
     the school-based mentoring program;
       ``(D) provide inclusive and accessible youth engagement 
     activities, such as--
       ``(i) enrichment field trips to cultural destinations; and
       ``(ii) career awareness activities, including job site 
     visits, informational interviews, resume writing, interview 
     preparation, and networking; and
       ``(iii) academic or postsecondary education preparation 
     activities, including trade or vocational school visits, 
     visits to institutions of higher education, and assistance in 
     applying to institutions of higher education; and
       ``(E) conduct program evaluation, including by acquiring 
     and analyzing the data described under paragraph (6).
       ``(6) Reporting requirements.--
       ``(A) In general.--Not later than 6 months after the end of 
     each academic year during the grant period, an eligible 
     entity receiving a grant under this section shall submit to 
     the Secretary a report that includes--
       ``(i) the number of students and mentors, and the 
     demographics of the students and mentors, who participated in 
     the school-based mentoring program that was funded in whole 
     or in part with the grant funds;
       ``(ii) data on the academic achievement, dropout rates, 
     truancy, absenteeism, outcomes of arrests for violent crime, 
     summer employment, and postsecondary education enrollment of 
     students in the program;
       ``(iii) the number of group sessions and number of one-to-
     one contacts between students in the program and their 
     mentors;
       ``(iv) the average attendance of students enrolled in the 
     program;
       ``(v) the number of students with disabilities connected to 
     transition services;
       ``(vi) data on social-emotional development of students as 
     assessed with a validated social-emotional assessment tool; 
     and
       ``(vii) any other information that the Secretary may 
     require to evaluate the success of the school-based mentoring 
     program.
       ``(B) Student privacy.--An eligible entity shall ensure 
     that the report submitted under subparagraph (A) is prepared 
     in a manner that protects the privacy rights of each student 
     in accordance with section 444 of the General Education 
     Provisions Act (20 U.S.C. 1232g; commonly known as the 
     `Family Educational Rights and Privacy Act of 1974').
       ``(7) Mentoring resources and community service 
     coordination.--
       ``(A) Technical assistance.--The Secretary shall work with 
     the Office of Juvenile Justice and Delinquency Prevention 
     to--
       ``(i) refer grantees under this section to the National 
     Mentoring Resource Center to obtain resources on best 
     practices and research related to mentoring and to request 
     no-cost training and technical assistance; and
       ``(ii) provide grantees under this section with information 
     regarding transitional services for at-risk students 
     returning from correctional facilities and transition 
     services for students with disabilities.
       ``(B) Coordination.--The Secretary shall, to the extent 
     possible, coordinate with the Corporation for National and 
     Community Service, including through entering into an 
     interagency agreement or a memorandum of understanding, to 
     support mentoring and community service-related activities 
     for at-risk students.
       ``(c) Authorization of Funds.--There are authorized to be 
     appropriated to carry out this section such sums as may be 
     necessary for each of fiscal years 2023 through 2028.''.

     SEC. 4. INSTITUTE OF EDUCATION SCIENCES STUDY ON SCHOOL-BASED 
                   MENTORING PROGRAMS.

       (a) In General.--The Secretary of Education, acting through 
     the Director of the Institute of Education Sciences, shall 
     conduct a study to--
       (1) identify successful school-based mentoring programs and 
     effective strategies for administering and monitoring such 
     programs;
       (2) evaluate the role of mentors in promoting cognitive 
     development and social-emotional learning to enhance academic 
     achievement and to improve workforce readiness; and
       (3) evaluate the effectiveness of the grant program under 
     section 136 of the Carl D. Perkins Career and Technical 
     Education Act of 2006, as added by section 3, on student 
     academic outcomes and youth career development.
       (b) Timing.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of Education, acting 
     through the Director of the Institute of Education Sciences, 
     shall submit the results of the study described in subsection 
     (a) to the appropriate congressional committees.
                                 ______
                                 
      By Mr. THUNE (for himself, Ms. Smith, Mr. Rounds, and Mr. 
        Tester):
  S. 70. A bill to require the Bureau of Indian Affairs to process and 
complete all mortgage packages associated with residential and business 
mortgages on Indian land by certain deadlines, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. THUNE. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 70

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal Trust Land 
     Homeownership Act of 2023''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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.

[[Page S101]]

       (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 3(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.
       (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. 3. 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,

[[Page S102]]

     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. 4. 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.
       (b) Functions.--The Realty Ombudsman shall--
       (1) ensure that the applicable Bureau offices are meeting 
     the mortgage review and processing deadlines established by 
     section 3(a);
       (2) ensure that the applicable Bureau offices comply with 
     the notices required under subsections (a) and (b) of section 
     3;
       (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.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Tillis, Mr. Grassley, and Mr. 
        Coons):
  S. 79. A bill to amend title 35, United States Code, to establish an 
interagency task force between the United States Patent and Trademark 
Office and the Food and Drug Administration for purposes of sharing 
information and providing technical assistance with respect to patents, 
and for other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 79

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Interagency Patent 
     Coordination and Improvement Act of 2023''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Decisions by the United States Patent and Trademark 
     Office relating to patents may implicate, or have relevance 
     to, information housed at or involving other Federal 
     agencies.
       (2) Entities submitting patent applications to the United 
     States Patent and Trademark Office may also submit 
     information to, or share information with, other Federal 
     agencies, necessitating accuracy and consistency in those 
     representations.
       (3) Research has shown that patent examiners may benefit 
     from additional information that is housed at, or is 
     available to, Federal agencies other than the United States 
     Patent and Trademark Office in order to assess prior art and 
     the state of science and technology.
       (4) The Under Secretary of Commerce for Intellectual 
     Property and Director of the United States Patent and 
     Trademark Office is encouraged to work with other Federal 
     agencies.

     SEC. 3. REPORT BY UNITED STATES PATENT AND TRADEMARK OFFICE.

       Not later than 4 years after the date of enactment of this 
     Act, the Under Secretary of Commerce for Intellectual 
     Property and Director of the United States Patent and 
     Trademark Office shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report that contains--
       (1) a description of the frequency with which--
       (A) information is provided by the Food and Drug 
     Administration to the United States Patent and Trademark 
     Office through the Interagency Task Force on Patents 
     established under section 15 of title 35, United States Code, 
     as added by section 4(a) of this Act, or under processes 
     established by that Task Force; and
       (B) the information described in subparagraph (A) is used 
     in patent examinations;
       (2) an identification of which methods of providing 
     information, as described in paragraph (1)(A), and types of 
     information so shared, are most useful to patent examiners;
       (3) any recommendations for changes to be made by Congress 
     to the mandate, funding, or operations of the Task Force 
     described in paragraph (1)(A); and
       (4) an identification of other Federal agencies with which 
     the Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office 
     should explore opportunities for coordination that are 
     similar to those undertaken with the Food and Drug 
     Administration through the activities of the Task Force 
     described in paragraph (1)(A).

     SEC. 4. INTERAGENCY TASK FORCE ON PATENTS.

       (a) In General.--Chapter 1 of title 35, United States Code, 
     is amended--
       (1) in section 2(c), by adding at the end the following:
       ``(6)(A) In exercising the Director's powers and duties 
     under this section relating to patents, and decisions or 
     actions involving patents, for human drugs and biological 
     products, the Director shall, through the Interagency Task 
     Force on Patents established under section 15, consult with 
     the Commissioner of Food and Drugs in the manner described in 
     that section.
       ``(B) For purposes of subparagraph (A), the term `decisions 
     or actions involving patents' means decisions or actions 
     taken with respect to patents under this title.''; and
       (2) by adding at the end the following:

     ``Sec. 15. Interagency Task Force on Patents

       ``(a) Establishment.--There is established an interagency 
     task force, to be known as the Interagency Task Force on 
     Patents (referred to in this section as the `task force'), to 
     coordinate efforts between the Director and the Commissioner 
     of Food and Drugs (referred to in this section as the 
     `Commissioner') regarding communication about, evaluation of, 
     and effective implementation of the activities of the Office 
     and the Food and Drug Administration with respect to patents, 
     and decisions or actions involving patents (as defined in 
     section 2(c)(6)(B)), for human drugs and biological products.
       ``(b) Memorandum of Understanding.--The Director and the 
     Commissioner shall enter into a memorandum of understanding, 
     or update an existing memorandum of understanding, for the 
     purposes of implementing and carrying out the duties of the 
     task force.
       ``(c) Membership.--The task force shall be comprised of 
     employees of the Office, who shall be appointed by the 
     Director, and employees of the Food and Drug Administration, 
     who shall be appointed by the Commissioner, who have 
     appropriate expertise and decision-making authority regarding 
     operational, administrative, technical, medical, 
     pharmacological, clinical, and scientific matters to carry 
     out the functions of the task force.
       ``(d) Activities.--The task force shall carry out the 
     following functions regarding interagency coordination to 
     promote reciprocal access of information:
       ``(1) Sharing information on the general processes of the 
     Office and the Food and Drug Administration, what each such 
     agency considers in its respective review of applications, 
     and how each such agency evaluates those applications, which 
     may be undertaken through routine and ongoing meetings, 
     workshops, and training sessions.
       ``(2) Sharing information on new approvals of patents, 
     human drugs and biological products, new technologies and 
     prior art (as appropriate on a case-by-case basis), and 
     scientific trends and developments.
       ``(3) Establishing a process that requires--
       ``(A) the Director to request from the Commissioner (and 
     the Commissioner to provide to the Director, upon receiving 
     such a request)--
       ``(i) appropriate information for use by employees of the 
     Office with responsibility to examine patent applications 
     under section 131 (referred to in this section as `patent 
     examiners') regarding when certain information relating to a 
     human drug or biological product approval, which may include 
     updates to a label or newly approved indications, is made 
     publicly available, including when such information is posted 
     online; and
       ``(ii) appropriate access for patent examiners to relevant 
     sources of product application, approval, patent, and 
     labeling information or communications between the Food and 
     Drug Administration and the human drug or biological product 
     sponsors that may not currently be subject to public 
     disclosure, as appropriate and only to the extent necessary 
     for the Office to carry out the responsibilities of the 
     Office, such as ensuring accurate representations and access 
     to information on whether the claimed invention that would be 
     the subject of the patent was on sale before the effective 
     filing date of the claimed invention, as described in section 
     102(a)(1); and
       ``(B) the Office to assist the Food and Drug Administration 
     in its ministerial role of listing patents.
       ``(4) Establishing a process to ensure that, in appropriate 
     circumstances, at the request

[[Page S103]]

     of the Director, the Commissioner shall consult with or 
     otherwise furnish specific, available information to the 
     Office with respect to certain applications, responses, or 
     affidavits after rejections in order to assist patent 
     examiners in carrying out the duties of those patent 
     examiners.
       ``(e) Rule of Construction.--Nothing in subsection 
     (d)(3)(B) shall be construed as--
       ``(1) directing the Office to interfere with, delay, or 
     supersede the ministerial function of the Food and Drug 
     Administration of listing patents;
       ``(2) indicating the position of the Office regarding the 
     ability to assert a patent in infringement litigation; or
       ``(3) changing the ministerial function of the Food and 
     Drug Administration of listing patents.
       ``(f) Confidentiality.--
       ``(1) In general.--With respect to any record or other 
     information of the Food and Drug Administration or the Office 
     that is confidential, either such agency may share any such 
     information with the other agency in furtherance of the 
     activities described in this section, which shall remain 
     subject to such protections as if the information were held 
     by the Food and Drug Administration.
       ``(2) Protocols.--
       ``(A) In general.--The task force shall establish 
     appropriate protocols to safeguard confidentiality and 
     prevent the inappropriate disclosure of information when 
     sharing information between the Office and the Food and Drug 
     Administration.
       ``(B) Contents.--The protocols established under 
     subparagraph (A) shall provide that--
       ``(i) before sharing any information described in paragraph 
     (1), the sponsor of the human drug or biological product to 
     which that information relates shall be provided notice of 
     that sharing by the applicable agency and with a period of 30 
     days to consult with the agency sharing that information; and
       ``(ii) the Director shall, in order to protect against the 
     inadvertent disclosure of information, maintain any 
     information shared with the Director by the Commissioner 
     separate from pending patent applications and establish 
     procedures for the identification of confidential 
     information.
       ``(C) Potential remedies.--In establishing protocols under 
     this paragraph, the task force shall identify appropriate 
     remedies for any potential injury suffered when confidential 
     information is made available, including inadvertently, 
     through the sharing of information described in this 
     subsection.
       ``(3) Rule of construction.--Nothing in this subsection may 
     be construed as superseding any other remedy available for 
     the unauthorized disclosure of confidential information.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 35, United States Code, is 
     amended by adding at the end the following:

``15. Interagency Task Force on Patents.''.

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