[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.''.
____________________