116 S2113 IS: Stop Cruelty to Migrant Children Act
U.S. Senate
2019-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2113
		IN THE SENATE OF THE UNITED STATES

			July 15, 2019
			Mr. Merkley (for himself, Mr. Schumer, Mrs. Feinstein, Mr. Durbin, Mrs. Murray, Ms. Hirono, Mr. Coons, Ms. Klobuchar, Mr. Leahy, Ms. Cantwell, Mr. Reed, Mr. Bennet, Ms. Baldwin, Mr. Sanders, Mr. Van Hollen, Ms. Warren, Mr. Menendez, Mr. Cardin, Mr. Wyden, Mr. Schatz, Ms. Cortez Masto, Mr. Whitehouse, Ms. Rosen, Mr. Blumenthal, Mr. Markey, Mrs. Gillibrand, Mr. Warner, Mr. Kaine, Ms. Harris, Mr. Murphy, Ms. Duckworth, Ms. Hassan, Ms. Smith, Mrs. Shaheen, Mr. Booker, Mr. Casey, Mr. King, Ms. Stabenow, Mr. Brown, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To protect the health and safety of children in immigration detention, and for other purposes.

		1.Short title; purpose
			(a)Short title
 This Act may be cited as the Stop Cruelty to Migrant Children Act.
 (b)PurposeThe purpose of this Act is to reaffirm that— (1)the Federal Government is responsible for the health, safety, and well-being of children and families in the custody of the Federal Government;
 (2)children and families should only be in the custody of the Federal Government for as little time as possible; and
 (3)during any period in which children or families are in the custody of the Federal Government— (A)they should be treated with dignity, respect, and care; and
 (B)every effort should be made to minimize trauma, isolation, and conditions resembling prison. 2.DefinitionsIn this Act:
 (1)AlienThe term alien has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
 (2)Appropriate committees of CongressThe term appropriate committees of Congress means— (A)the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on the Judiciary of the Senate; and
 (B)the Committee on Appropriations, the Committee on Homeland Security, the Committee on Education and Labor, and the Committee on the Judiciary of the House of Representatives.
 (3)ChildThe term child means an individual who— (A)has not attained 18 years of age; and
 (B)does not have permanent immigration status in the United States. (4)Detained individualThe term detained individual means any individual, including an unaccompanied alien child, held in immigration detention under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
 (5)InfluxThe term influx means a period during which— (A)not less than 95 percent of the available beds in permanent shelters for unaccompanied alien children are occupied; and
 (B)the average length of care for unaccompanied alien children in custody of the Secretary of Health and Human Services exceeds 35 days.
 (6)Influx care facilityThe term influx care facility means an Office of Refugee Resettlement facility that is operated to provide temporary emergency shelter and services for unaccompanied alien children during an influx or emergency.
 (7)Office of Refugee Resettlement facilityThe term Office of Refugee Resettlement facility means any facility at which unaccompanied alien children are in the care and custody of the Secretary of Health and Human Services.
 (8)Standard care facilityThe term standard care facility means an Office of Refugee Resettlement facility— (A)that provides residential care for unaccompanied alien children; and
 (B)at which all programmatic components are administered onsite and in the least restrictive environment.
 (9)Unaccompanied alien childThe term unaccompanied alien child has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
			3.Ensuring that families remain together
			(a)Limitation on the separation of families
 (1)In generalAn agent or officer of U.S. Customs and Border Protection shall not remove a child from his or her parent or legal guardian at or near a port of entry or within 100 miles of the border of the United States unless one of the following situations has occurred:
 (A)A State court, authorized under State law— (i)terminates the rights of the parent or legal guardian;
 (ii)determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89); or
 (iii)makes any similar determination that is legally authorized under State law. (B)An official from the State or county child welfare agency with expertise in child trauma and development determines that it is in the best interests of the child to be removed from the parent or legal guardian because the child is—
 (i)in danger of abuse or neglect at the hands of the parent or legal guardian; or (ii)a danger to himself or herself or to others.
 (C)The Chief Patrol Agent or the Area Port Director, in his or her official and undelegated capacity, authorizes separation, on the recommendation by an agent or officer of U.S. Customs and Border Protection, based on a finding that—
 (i)the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (ii)there is a strong likelihood that the adult is not the parent or legal guardian of the child; or
 (iii)the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to himself or herself or to others.
 (2)Prohibition on separationA Federal agency may not remove a child from a parent or legal guardian solely for the policy goal of—
 (A)deterring individuals from migrating to the United States; or (B)promoting compliance with civil immigration law.
 (3)Documentation requiredThe Secretary shall ensure that a separation based on a situation described in paragraph (1)(C)— (A)is documented in writing; and
 (B)includes— (i)the reason for such separation; and
 (ii)the stated evidence for such separation. (b)Recommendations for separation by agents or officers (1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, on childhood trauma, attachment, and child development, for use by the agents and officers of U.S. Customs and Border Protection, so as to standardize separations authorized under subsection (a)(1)(C).
 (2)Annual reviewNot less frequently than annually, the Secretary of Health and Human Services shall— (A)review the guidance developed under paragraph (1); and
 (B)make recommendations to the Secretary to ensure that such guidance conforms to current evidence and best practices in child welfare, child development, and childhood trauma.
 (3)RequirementThe guidance developed under paragraph (1) shall incorporate the presumptions described in subsection (c).
				(4)Additional requirements
 (A)Evidence-basedThe guidance and training developed under this subsection shall incorporate evidence-based practices.
					(B)Training required
 (i)Initial trainingAll agents and officers of U.S. Customs and Border Protection, on hire, and annually thereafter, shall complete training on adherence to the guidance developed under this subsection.
 (ii)Annual trainingAll Chief Patrol Agents and Area Port Directors, on hire, and annually thereafter, shall complete—
 (I)training on adherence to the guidance developed under this subsection; and (II)90 minutes of child welfare practice training that is evidence-based and trauma-informed.
 (c)PresumptionsThe presumptions described in this subsection are the following: (1)Family unityThere shall be a strong presumption in favor of family unity.
 (2)SiblingsTo the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. (3)DetentionThere is a presumption that detention is not in the best interests of families and children.
				(d)Required policy for locating separated children
 (1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under subsection (a)(1).
 (2)ConsultationIn developing such public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies.
 (3)Written notificationThe Secretary shall provide each parent or legal guardian who was separated from a child under subsection (a)(1) with written notice of such public guidance.
 (4)Language accessSuch public guidance shall be— (A)available in English and Spanish; and
 (B)at the request of the parent or legal guardian, made available in the language or manner that is understandable by the parent or legal guardian.
 (e)Required information for separated familiesNot less frequently than monthly, the Secretary shall provide the parent or legal guardian of a child who was separated—
 (1)a status report on the monthly activities of the child; (2)information about the education and health of the child, including any medical treatment provided to the child or medical treatment recommended for the child;
 (3)information about changes to the immigration status of the child; and (4)any other information about the child, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion.
 (f)Annual report on family separationNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees of jurisdiction that—
 (1)describes each instance in which a child was separated from a parent or legal guardian; and
 (2)includes, for each such instance— (A)the relationship of the adult and the child;
 (B)the age and gender of the adult and child; (C)the length of separation;
 (D)whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime;
 (E)whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief;
 (F)whether the adult was prosecuted if charged with a crime and the associated outcome of such charges;
 (G)the stated reason for, and evidence in support of, the separation; (H)if the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation;
 (I)whether the child was rendered an unaccompanied alien child; and (J)any other information, as determined by the Secretary.
 (g)Clarification of parental rightsIf a child is separated from a parent or legal guardian and a State court has not made a determination that the parental rights have been terminated, there is a presumption that—
 (1)the parental rights remain intact; and (2)the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law.
				(h)Clarification of existing law
 (1)Federal lawNothing in this section may be interpreted to supersede or modify Federal child welfare law, as applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89).
 (2)State lawNothing in this section may be interpreted to supersede or modify any State child welfare law. (i)GAO report on prosecution of asylum seekers (1)StudyThe Comptroller General of the United States shall conduct a study on the prosecution of asylum seekers during the ten-year period ending on the date of the enactment of this Act.
 (2)ElementsThe study conducted under paragraph (1) shall include the following: (A)The total number of persons who claimed fear of persecution, received a favorable credible fear determination, and were referred for prosecution.
 (B)An overview and analysis of the metrics used by the Department of Homeland Security and the Department of Justice to track the number of asylum seekers referred for prosecution.
 (C)The total number of asylum seekers referred for prosecution, a breakdown and description of the criminal charges filed against asylum seekers during such period, and a breakdown and description of the convictions secured.
 (D)The total number of asylum seekers who were separated from their children as a result of being referred for prosecution.
 (E)A description of— (i)the amounts spent on prosecuting asylum seekers during such period;
 (ii)the diversion of resources required to prosecute asylum seekers; and (iii)any costs imposed on States and localities.
 (F)The total number of asylum seekers who— (i)were referred for prosecution; and
 (ii)were subject to immigration proceedings.
 (G)The total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings.
 (3)ReportNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress that describes the results of the study conducted under paragraph (1).
 (j)DefinitionsIn this section: (1)Agent; officerThe terms agent and officer include contractors of the Federal Government.
 (2)Committees of jurisdictionThe term committees of jurisdiction means— (A)the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and
 (B)the Committee on the Judiciary and the Committee on Education and Labor of the House of Representatives. (3)Danger of abuse or neglect at the hands of the parent or legal guardianThe term danger of abuse or neglect at the hands of the parent or legal guardian shall not mean migrating to or crossing the United States border.
 (4)FindingThe term finding means an individualized written assessment or screening by the trained agent or officer that includes a consultation with, and concurrence from, a child welfare specialist, formalized as required under subsection (a)(3) and consistent with subsections (b), (c), and (g).
 (5)SecretaryThe term Secretary means the Secretary of Homeland Security. 4.Health and safety protections for detained children (a)Flores settlement agreement (1)In generalA family unit may be detained only in accordance with the holding in Flores v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; July 24, 2015) and the stipulated settlement agreement as filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85 4544 RJK), including all subsequent court decisions and interpretations (referred to in this section as the Flores settlement agreement).
 (2)RulemakingAny regulation proposed or promulgated to supersede the Flores settlement agreement shall have no force or effect.
 (3)Rule of constructionNothing in this Act may be construed— (A)to affect the application of the Flores settlement agreement to unaccompanied alien children; or
 (B)to abrogate the Flores settlement agreement. (4)Review of detention determinationsThe review of any determination by the Secretary of Homeland Security to detain an individual or a family unit under this subsection shall be in accordance with all other provisions of law, holdings (including any holding made in Flores v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; July 24, 2015)), consent decrees, and settlement agreements (including the Flores settlement agreement).
				(b)Prompt medical assessments for detained children
 (1)Body temperature check on intakeWith respect to a child in the custody of the Secretary of Homeland Security, not later than one hour after the time at which the initial intake of such child is completed, the Secretary of Homeland Security shall ensure that the child receives a body temperature check.
 (2)Medical evaluation by medical professional with pediatric trainingNot later than 48 hours after the time at which a child is taken into the custody of the Secretary of Homeland Security, the Secretary shall ensure that the child receives a medical evaluation by a medical professional with specialized pediatric training—
 (A)to determine whether the child has any health or safety concerns; and (B)that includes a measurement of all vital signs and a body temperature check.
 (3)Specialized training for Public Health Service Commissioned CorpsThe Secretary of Homeland Security shall enter into a memorandum of understanding with the Public Health Service Commissioned Corps and the Secretary of Health and Human Services to provide specialized training relating to migration for the Public Health Service Commissioned Corps to support deployment at Office of Refugee Resettlement facilities and U.S. Customs and Border Protection facilities during any period in which high numbers of unaccompanied alien children and families arrive at the Southern border.
 (c)Detention standards for U.S. Customs and Border Protection facilitiesWith respect to any U.S. Customs and Border Protection facility, the Secretary of Homeland Security shall ensure that—
 (1)the facility— (A)complies with the standards of the U.S. Customs and Border Protection entitled National Standards on Transport, Escort, Detention, and Search issued in October 2015;
 (B)remains at an appropriate temperature; (C)is properly ventilated;
 (D)has adequate supervision and other safeguards to protect detained children from other detained individuals; and
 (E)has a child welfare specialist on staff, or has prompt access to a child welfare specialist, for purposes of making a finding under section 3(a)(1)(C);
 (2)each detained individual is provided—
 (A)not fewer than three healthy and nutritious meals daily, in accordance with the most recent dietary guidelines of the Department of Agriculture, that—
 (i)in the case of an adult who is not pregnant or breastfeeding, provide a total of not fewer than 2,000 calories; or
 (ii)in the case of a detained child or an individual who is pregnant or breastfeeding, meet, as applicable—
 (I)the nutrition standards for the school lunch program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
 (II)the nutrition standards established under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
 (B)not less than 1 gallon of clean drinking water daily, including age-appropriate liquids; (C)regular access to hygiene products, including—
 (i)soap; (ii)a toothbrush and toothpaste;
 (iii)not fewer than one full change of clothing; (iv)a towel;
						(v)
 toilet paper; (vi)feminine hygiene products, as applicable;
 (vii)prenatal vitamins, as applicable; and (viii)diaper changing materials, as applicable, including—
 (I)a clean diaper changing station; (II)diapers in the appropriate size;
 (III)diaper rash ointment; (IV)baby wipes; and
 (V)diaper disposal receptacles; (D)regular access to showers, sinks, and toilets; and
 (E)an opportunity to contact any family member with whom the detained individual was apprehended; and (3)in the case of a detained individual the prescription medication of whom is confiscated on apprehension, not later than six hours after the time at which the detained individual arrives at a U.S. Customs and Border Protection facility, a medical professional, or in the case of a child, a medical professional with pediatric training reviews such confiscation and makes a determination whether the medication shall be—
 (A)kept by the detained individual in his or her possession for regular use during detention; (B)properly stored by U.S. Customs and Border Protection officials, with appropriate access for regular use by the detained individual during detention; or
 (C)stored with the personal property of the detained individual. (d)Detention standards for U.S. Immigration and Customs EnforcementThe Secretary of Homeland Security shall ensure the full compliance of each U.S. Immigration and Customs Enforcement detention system facility, including each contract facility and each local or county jail operating under an intergovernmental service agreement, with, at a minimum, the standards of U.S. Immigration and Customs Enforcement entitled Performance-Based National Detention Standards 2011, as revised in December 2016.
			(e)Care and custody standards for Office of Refugee Resettlement facilities
 (1)New contractsOn the maturation of any existing contract to house unaccompanied alien children, the Secretary of Health and Human Services may only offer to extend or enter into a new contract or cooperative agreement for the housing of unaccompanied alien children with one or more nonprofit entities that are—
 (A)licensed by the applicable State; and (B)in compliance with Exhibit 1 of the Flores settlement agreement, regardless of the status of the underlying Flores settlement agreement.
 (2)Prioritization of small facilitiesThe Secretary of Health and Human Services shall prioritize the use of standard care facilities and influx care facilities that house not more than 100 unaccompanied alien children.
				(3)Limitations on use of influx care facilities
					(A)Length of care exceeding 35 days
 (i)In generalIn the case of an influx, the Secretary of Health and Human Services may not house one or more unaccompanied alien children in an influx care facility for more than 30 days.
						(ii)Daily reports
 (I)In generalNot less frequently than daily during an influx in which one or more unaccompanied alien children are housed in an influx care facility, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a daily report on efforts to reduce the average length of care of unaccompanied alien children in the custody of the Secretary of Health and Human Services.
 (II)Matters to be includedEach report under subclause (I) shall include the following: (aa)A detailed description of any proposed—
 (AA)policy with respect to the care of unaccompanied alien children; and (BB)staffing increase at an influx care facility.
 (bb)With respect to the influx, the mean and median number of days between— (AA)the date on which a family reunification application is submitted for an unaccompanied alien child; and
 (BB)the date on which the Secretary of Health and Human Services issues a decision on such application. (cc)The total number of such applications granted.
 (dd)The total number of such applications denied. (ee)A description of any action considered but not taken with respect to the care and custody of unaccompanied alien children as a result of a conflict with Federal or State law.
 (B)TransferThe Secretary of Health and Human Services may transfer an unaccompanied alien child from a State-licensed standard care facility to an influx care facility solely for the purpose of—
 (i)family reunification; or (ii)placement with a sponsor that shall occur not later than 14 days after the date on which the unaccompanied alien child is transferred.
						5.Release of families and unaccompanied alien children from detention
			(a)Staff-to-Child ratios for Office of Refugee Resettlement facilities
 (1)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in collaboration with the Comptroller General of the United States, shall develop standards for recommended staff-to-child ratios for Federal field specialists and third-party case review coordinators at Office of Refugee Resettlement facilities.
 (2)Interim standardBeginning on the date of the enactment of this Act and ending on the date on which the standards under paragraph (1) are implemented, the Secretary of Health and Human Services shall ensure that any standard care facility or influx care facility for unaccompanied alien children maintains a staff-to-child ratio of not fewer than—
 (A)one Federal field specialist for every 50 unaccompanied alien children; and (B)one third-party case review coordinator for every 50 unaccompanied alien children.
 (3)Case load limitationThe Secretary of Health and Human Services shall establish a maximum case load for each case manager at an Office of Refugee Resettlement facility that is not greater than the lesser of—
 (A)five new unaccompanied alien children cases and a total of not more than eight active cases each month; or
 (B)the maximum number of children, as required under applicable State law. (4)Supplemental fundsThe Secretary of Health and Human Services shall authorize supplemental funds—
 (A)to provide overtime compensation for case managers at Office of Refugee Resettlement facilities for extended work hours and work days during an influx; and
 (B)to hire additional staff to carry out home study services relating to the placement of unaccompanied alien children with sponsors on release from custody.
					(b)Rescission of information-Sharing agreement relating to sponsors of unaccompanied alien
 childrenThe Secretary of Health and Human Services and the Secretary of Homeland Security shall rescind the memorandum of agreement entitled Memorandum of Agreement Among the Office of Refugee Resettlement of the U.S. Department of Health and Human Services and U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection of the U.S. Department of Homeland Security Regarding Consultation and Information Sharing in Unaccompanied Alien Children Matters dated April 13, 2018.
			(c)Expansion of Family Case Management Program
 (1)In generalThe Secretary of Homeland Security shall provide to the alternatives to detention division of U.S. Immigration and Customs Enforcement, including the Family Case Management Program, sufficient funds to cover the costs of each individual who—
 (A)has a pending immigration proceeding; and (B)is not subject to detention under subsection (d).
 (2)Contracts authorizedThe Director of U.S. Immigration and Customs Enforcement shall offer to enter into one or more contracts with one or more nonprofit service providers that, to the maximum extent practicable, have the capacity to provide evidence-based services required to operate an alternatives to detention program for the least restrictive setting.
 (3)PrioritizationThe Secretary of Homeland Security shall ensure that any expenditure for the Family Case Management Program is prioritized over any other expenditure from the Alternatives to Detention account.
 (4)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (d)Immigration detention priorities (1)In generalThe Director of U.S. Immigration and Customs Enforcement shall prioritize the limited resources of U.S. Immigration and Customs Enforcement to detain aliens who pose—
 (A)a threat to national security or public safety; or (B)a risk of flight that cannot be mitigated by an alternative to detention.
 (2)PresumptionExcept in extraordinary circumstances, such as a circumstance in which an alien is known to be a member of a terrorist organization or a transnational criminal organization, an alien shall not be detained if—
 (A)the alien— (i)is known to suffer from a serious physical or mental illness;
 (ii)has a disability; (iii)is elderly;
 (iv)is pregnant or breastfeeding; (v)is under 18 years of age; or
 (vi)demonstrates that the alien is the primary caregiver of— (I)a person under 18 years of age; or
 (II)an infirm person; or
 (B)the detention of the alien is otherwise not in the public interest. 6.Improvements to asylum procedure (a)Statement of policy on child asylum seekersIt shall be the policy of the United States that no child may be delayed or prevented from crossing the Southern border at a port of entry for the purpose of applying for asylum or any other applicable legal immigration status.
 (b)Nonadversarial asylum processing for childrenThe Secretary of Homeland Security shall rescind the memorandum of the U.S. Citizenship and Immigration Services entitled Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children, issued May 31, 2019.
 (c)Modification of term asylum officer To exclude officers of U.S. Customs and Border ProtectionSection 235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended— (1)in clause (i), by striking , and and inserting a semicolon;
 (2)in clause (ii), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (iii)is employed by the Refugee, Asylum, and International Operations Directorate of the U.S. Citizenship and Immigration Services..
				(d)Improving immigration court efficiency and reducing costs by increasing access to legal information
				(1)Appointment of counsel in removal proceedings; right to review certain documents in removal
 proceedingsSection 240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended— (A)in paragraph (4)—
 (i)in subparagraph (A)— (I)by striking , at no expense to the Government,; and
 (II)by striking the comma at the end and inserting a semicolon; (ii)by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively;
 (iii)by inserting after subparagraph (A) the following:  (B)the Attorney General may appoint or provide counsel, at Government expense, to aliens in immigration proceedings;
 (C)the alien, or the alien's counsel, not later than 7 days after receiving a notice to appear under section 239(a), shall receive a complete copy of the alien's immigration file (commonly known as an A-file) in the possession of the Department of Homeland Security (other than documents protected from disclosure under section 552(b) of title 5, United States Code);; and
 (iv)in subparagraph (D), as redesignated, by striking this Act, and and inserting this Act; and; and (2)by adding at the end the following:

 (8)Failure to provide alien required documentsA removal proceeding may not proceed until the alien, or in the case of an alien who is represented by counsel, the alien's counsel—
 (A)has received the documents required under paragraph (4)(C); and (B)has been provided at least 10 days to review and assess such documents..
 (e)Nonprofit respite centersSection 313 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11343) is amended— (1)in subsection (a)—
 (A)in paragraph (2), by striking ; and and inserting a semicolon; (B)in paragraph (3), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (4)to provide assistance to State and local governments and local nonprofit organizations that serve aliens (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) released from the custody of the Secretary of Homeland Security to address the needs of communities that experience the arrival of a high number of asylum seekers.; and
 (2)by adding at the end the following:  (c)Authorization of appropriationsThere is authorized to be appropriated to the Director to award grants to the National Board to carry out subsection (a)(4) $100,000,000 for fiscal year 2019 and each fiscal year thereafter..
				7.Access by counsel at detention facilities
 (a)In generalThe Secretary of Homeland Security shall provide access to counsel for all aliens detained in a facility under the supervision of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or the Department of Health and Human Services, or in any private facility that contracts with the Federal Government to house, detain, or hold aliens.
 (b)Authorization of appropriations for Legal Orientation ProgramThere is authorized to be appropriated to carry out the Legal Orientation Program of the Executive Office for Immigration Review $55,000,000 for fiscal year 2019 and each fiscal year thereafter.
			(c)Clarification regarding the authority of the Attorney General To appoint counsel to aliens in
			 immigration proceedings
 (1)In generalSection 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended to read as follows:  292.Right to counsel (a)In generalExcept as provided in subsections (b) and (c), in any removal proceeding and in any appeal proceeding before the Attorney General from any such removal proceeding, the subject of the proceeding shall have the privilege of being represented by such counsel as may be authorized to practice in such proceeding as he or she may choose. This subsection shall not apply to screening proceedings described in section 235(b)(1)(A).
							(b)Access to counsel for unaccompanied alien children
 (1)In generalIn any removal proceeding and in any appeal proceeding before the Attorney General from any such removal proceeding, an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act on 2002 (6 U.S.C. 279(g))) shall be represented by Government-appointed counsel, at Government expense.
 (2)Length of representationOnce a child is designated as an unaccompanied alien child under paragraph (1), the child shall be represented by counsel at every stage of the proceedings from the child's initial appearance through the termination of immigration proceedings, and any ancillary matters appropriate to such proceedings even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending.
 (3)NoticeNot later than 72 hours after an unaccompanied alien child is taken into Federal custody, the alien shall be notified that he or she will be provided with legal counsel in accordance with this subsection.
 (4)Within detention facilitiesThe Secretary of Homeland Security shall ensure that unaccompanied alien children have access to counsel inside all detention, holding, and border facilities.
								(c)Pro bono representation
 (1)In generalTo the maximum extent practicable, the Attorney General shall make every effort to use the services of competent counsel who agree to provide representation to such children under subsection (b) without charge.
 (2)Development of necessary infrastructures and systemsThe Attorney General shall develop the necessary mechanisms to identify counsel available to provide pro bono legal assistance and representation to children under subsection (b) and to recruit such counsel.
 (d)Contracts; grantsThe Attorney General may enter into contracts with, or award grants to, nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section, including providing legal orientation, screening cases for referral, recruiting, training, and overseeing pro bono attorneys. Nonprofit agencies may enter into subcontracts with, or award grants to, private voluntary agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this section.
							(e)Model guidelines on legal representation of children
 (1)Development of guidelinesThe Executive Office for Immigration Review, in consultation with voluntary agencies and national experts, shall develop model guidelines for the legal representation of alien children in immigration proceedings, which shall be based on the children's asylum guidelines, the American Bar Association Model Rules of Professional Conduct, and other relevant domestic or international sources.
 (2)Purpose of guidelinesThe guidelines developed under paragraph (1) shall be designed to help protect each child from any individual suspected of involvement in any criminal, harmful, or exploitative activity associated with the smuggling or trafficking of children, while ensuring the fairness of the removal proceeding in which the child is involved.
 (f)Duties of counselCounsel provided under this section shall— (1)represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the Department of Homeland Security;
 (2)appear in person for all individual merits hearings before the Executive Office for Immigration Review and interviews involving the Department of Homeland Security;
 (3)owe the same duties of undivided loyalty, confidentiality, and competent representation to the child as is due to an adult client; and
 (4)carry out other such duties as may be proscribed by the Attorney General or the Executive Office for Immigration Review.
 (g)Savings provisionNothing in this section may be construed to supersede— (1)any duties, responsibilities, disciplinary, or ethical responsibilities an attorney may have to his or her client under State law;
 (2)the admission requirements under State law; or (3)any other State law pertaining to the admission to the practice of law in a particular jurisdiction..
 (2)RulemakingThe Attorney General shall promulgate regulations to implement section 292 of the Immigration and Nationality Act, as added by paragraph (1), in accordance with the requirements set forth in section 3006A of title 18, United States Code.
				8.Immigration court improvements
			(a)Hiring of immigration judges
 (1)In generalDuring fiscal year 2019, the Attorney General shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by not fewer than 75 judges.
 (2)QualificationsThe Attorney General shall ensure that each immigration judge hired under this subsection is— (A)highly qualified; and
 (B)trained to conduct fair and impartial hearings in accordance with applicable due process requirements.
 (3)No preference for candidates with prior service in the Federal GovernmentIn selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who—
 (A)has equivalent subject-matter expertise based on experience in a nonprofit, private practice, or academic setting; but
 (B)does not have previous Federal service. (b)Immigration court staffDuring fiscal year 2019, the Attorney General shall—
 (1)increase the total number of judicial law clerks for the Executive Office for Immigration Review by 75; and
 (2)increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300.
 (c)Support staff; other resourcesThe Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law.
 (d)LimitationAmounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts.
 (e)Docket management for resource conservationNotwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges may administratively close cases, and the Board of Immigration Appeals may remand cases for administrative closure, if an individual in removal proceedings—
 (1)appears to be prima facie eligible for a visa or any other immigration benefit; and (2)has a pending application for such benefit before U.S. Citizenship and Immigration Services or any other applicable Federal agency.
 (f)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this section. 9.Accountability and oversight (a)Weekly reports (1)In generalNot less frequently than weekly, the Secretary of Homeland Security, in collaboration with the Secretary of Health and Human Services, shall submit to the appropriate committees of Congress a report that includes, for the preceding one-week period, the following:
 (A)The total number of children in the custody of the Secretary of Homeland Security and the Secretary of Health and Human Services, disaggregated by—
 (i)age; (ii)the number of children in the custody of the Secretary of Homeland Security;
 (iii)the number of children in the custody of the Secretary of Health and Human Services; (iv)the location of the detention facilities in which such children are housed, including city and State; and
 (v)average number of days in such custody. (B)(i)The number of deaths of children in such custody, as applicable, including relevant details relating to the circumstances of each death.
 (ii)The information described in clause (i) shall be submitted to Congress in a weekly report under this paragraph, as applicable, notwithstanding a requirement to report to Congress such information under any other law.
 (C)The total number of such children that were separated from family members. (D)(i)Subject to clause (ii), the total number of pregnant women in such custody, disaggregated by—
 (I)the number of such women in the custody of the Secretary of Homeland Security; (II)the number of such women in the custody of the Secretary of Health and Human Services; and
 (III)the location of detention facilities in which such pregnant women are housed, including city and State.
 (ii)Information described in clause (i) may not be submitted in a weekly report if such information renders a pregnant woman personally identifiable.
 (E)The average number of days individuals subject to the migrant protection protocol issued on January 24, 2019, remain in Mexico for the resolution of United States immigration proceedings.
 (2)Monthly publicationNot less frequently than monthly, the Secretary of Homeland Security shall publish on an internet website of the Department of Homeland Security that is available to the public a summary of the reports under paragraph (1) for the preceding one-month period.
				(b)Mandatory access to detention facilities for Members of Congress
 (1)In generalSubject to paragraph (3), the Secretary concerned shall allow a Member of Congress to tour any facility in which one or more detained individuals, including unaccompanied alien children, are housed at a time between 8:00 a.m. and 7:00 p.m. on a date requested by the Member of Congress if, not later than 24 hours before midnight on the date requested, the Secretary concerned receives written notice from the Member of Congress that includes—
 (A)the name of the facility; and (B)the date on which the Member of Congress intends to tour the facility.
					(2)Accompanying members of the press
 (A)In generalSubject to subparagraph (B), the Secretary concerned shall allow one or more members of the press to accompany a Member of Congress on a tour of a facility under this subsection.
					(B)Limitations
 (i)Still or video camerasThe Secretary concerned shall not be required to allow a member of the press to enter a facility under subparagraph (A) with a still or video camera.
 (ii)Personally identifying informationAs a condition of entering a facility under subparagraph (A), a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child.
 (3)LimitationThe Secretary concerned may limit a tour under paragraph (1) to— (A)in the case of a facility that houses fewer than 50 unaccompanied alien children—
 (i)not more than five Members of Congress; and (ii)accompanying members of the press under paragraph (2); and
 (B)in the case of a facility that houses not fewer than 50 detained individuals, including unaccompanied children—
 (i)not more than ten Members of Congress; and (ii)accompanying members of the press under paragraph (2).
 (4)Definition of Secretary concernedIn this subsection, the term Secretary concerned means, as applicable— (A)the Secretary of Homeland Security; or
 (B)the Secretary of Health and Human Services.


		I
		111th CONGRESS
		2d Session
		H. R. 4884
		IN THE HOUSE OF REPRESENTATIVES

			March 18, 2010
			Mr. Garrett of New
			 Jersey (for himself, Mr.
			 Kanjorski, and Mr. Bachus)
			 introduced the following bill; which was referred to the
			 Committee on Financial
			 Services, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To establish a covered bond regulatory oversight program,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 United States Covered Bond Act of
			 2010.
		2.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Ancillary
			 assetThe term ancillary asset means, with respect
			 to any cover pool—
				(A)any interest rate or currency swap
			 associated with any eligible asset, substitute asset, or other ancillary asset
			 in the cover pool;
				(B)any credit enhancement or liquidity
			 arrangement associated with any eligible asset, substitute asset, or other
			 ancillary asset in the cover pool;
				(C)any guarantee,
			 letter-of-credit right, or other secondary obligation that supports any payment
			 or performance on an eligible asset, substitute asset, or other ancillary asset
			 in the cover pool; and
				(D)any proceeds of,
			 or other property incident to, any eligible asset, substitute asset, or other
			 ancillary asset in the cover pool.
				(2)CorporationThe
			 term Corporation means the Federal Deposit Insurance
			 Corporation.
			(3)Cover
			 poolThe term cover
			 pool means a dynamic pool of assets that is comprised of—
				(A)1 or more eligible
			 assets from a single eligible asset class;
				(B)substitute assets,
			 without limitation; and
				(C)ancillary assets,
			 without limitation.
				(4)Covered
			 bondThe term covered
			 bond means any senior recourse debt obligation of an eligible issuer
			 that—
				(A)has an original term to maturity of not
			 less than 1 year;
				(B)is secured
			 directly or indirectly by a perfected security interest in a cover pool which
			 is owned directly or indirectly by the issuer of the obligation;
				(C)is issued under a covered bond program that
			 has been approved by the covered bond regulator and is identified in a register
			 of covered bonds maintained by the covered bond regulator; and
				(D)is not a deposit
			 (as defined in section 3 of the Federal Deposit Insurance Act).
				(5)Covered bond
			 programThe term
			 covered bond program means any of the programs of an eligible
			 issuer under which, on the security of a single cover pool, 1 or more series or
			 tranches of covered bonds may be issued.
			(6)Covered bond
			 regulatorThe term covered bond regulator means
			 the Secretary of the Treasury or any officer of the Department of the Treasury
			 designated by the Secretary for purposes of this Act.
			(7)Eligible
			 assetThe term eligible asset means any of the
			 following assets within a particular eligible asset class:
				(A)In the case of the
			 residential mortgage asset class—
					(i)any first-lien mortgage loan that is
			 secured by 1-to-4 family residential property and that is in compliance with
			 supervisory guidance applicable at the time of loan origination;
					(ii)any mortgage loan insured under the
			 National Housing Act or any loan guaranteed, insured, or made under chapter 37
			 of title 38, United States Code; and
					(iii)any residential mortgage-backed security of
			 the highest investment grade that is backed by first-lien mortgage loans and
			 any ancillary property (including any residential mortgage-backed security that
			 is sponsored or issued by, or backed by first-lien mortgage loans originated or
			 acquired by, the issuer of the covered bonds or any affiliate of such issuer),
			 to the extent such securities do not exceed an amount equal to 20 percent of
			 the outstanding principal amount of the assets in a cover pool.
					(B)In the case of the
			 home equity asset class—
					(i)any home equity loan that is secured by
			 1-to-4 family residential property and that is in compliance with supervisory
			 guidance applicable at the time of loan origination; and
					(ii)any asset-backed security of the highest
			 investment grade that is backed by home equity loans and any ancillary property
			 (including any asset-backed security that is sponsored or issued by, or backed
			 by home equity loans originated or acquired by, the issuer of the covered bonds
			 or any affiliate of such issuer), to the extent such securities do not exceed
			 an amount equal to 20 percent of the outstanding principal amount of the assets
			 in a cover pool.
					(C)In the case of the commercial mortgage
			 asset class—
					(i)any commercial mortgage loan (including any
			 multifamily mortgage loan) that is in compliance with supervisory guidance
			 applicable at the time of loan origination; and
					(ii)any commercial mortgage-backed security of
			 the highest investment grade that is backed by commercial mortgage loans
			 (including multifamily mortgage loans) and any ancillary property (including
			 any commercial mortgage-backed security that is sponsored or issued by, or
			 backed by commercial mortgage loans originated or acquired by, the issuer of
			 the covered bonds or any affiliate of such issuer), to the extent such
			 securities do not exceed an amount equal to 20 percent of the outstanding
			 principal amount of the assets in a cover pool.
					(D)In the case of the public sector asset
			 class—
					(i)investment-grade securities issued by 1 or
			 more States or municipalities;
					(ii)loans (excluding
			 securities) made to 1 or more States or municipalities; and
					(iii)loans, securities, or other obligations
			 that are insured or guaranteed, in full or substantially in full, by the full
			 faith and credit of the United States (whether or not such loans, securities,
			 or other obligations are also part of another eligible asset class).
					(E)In the case of the auto asset class—
					(i)any auto loan or lease that is in
			 compliance with supervisory guidance applicable at the time of loan or lease
			 origination; and
					(ii)any asset-backed security of the highest
			 investment grade that is backed by auto loans or leases and any ancillary
			 property (including any asset-backed security sponsored or issued by, or backed
			 by loans or leases originated or acquired by, the issuer of the covered bonds
			 or any affiliate of such issuer), to the extent such securities do not exceed
			 an amount equal to 20 percent of the outstanding principal amount of the assets
			 in a cover pool.
					(F)In the case of the student loan asset
			 class—
					(i)any student loan (whether guaranteed or
			 nonguaranteed) that is in compliance with supervisory guidance applicable at
			 the time of loan origination; and
					(ii)any asset-backed security of the highest
			 investment grade that is backed by student loans and any ancillary property
			 (including any asset-backed security sponsored or issued by, or backed by loans
			 originated or acquired by, the issuer of the covered bonds or any affiliate of
			 such issuer), to the extent such securities do not exceed an amount equal to 20
			 percent of the outstanding principal amount of the assets in a cover
			 pool.
					(G)In the case of the credit or charge card
			 asset class—
					(i)any credit or charge card loan that is in
			 compliance with supervisory guidance applicable at the time of loan
			 origination; and
					(ii)any asset-backed security of the highest
			 investment grade that is backed by credit or charge card loans and any
			 ancillary property (including any asset-backed security sponsored or issued by,
			 or backed by loans originated or acquired by, the issuer of the covered bonds
			 or any affiliate of such issuer), to the extent such securities do not exceed
			 an amount equal to 20 percent of the outstanding principal amount of the assets
			 in a cover pool.
					(H)In the case of the small business asset
			 class—
					(i)any loan made under a program established
			 by the Small Business Administration (whether guaranteed or nonguaranteed);
			 and
					(ii)any asset-backed security of the highest
			 investment grade that is backed by loans made under 1 or more programs
			 established by the Small Business Administration and any ancillary property
			 (including any asset-backed security sponsored or issued by, or backed by loans
			 originated or acquired by, the issuer of the covered bonds or any affiliate of
			 such issuer), to the extent such securities do not exceed an amount equal to 20
			 percent of the outstanding principal amount of the assets in a cover
			 pool.
					(I)In the case of any other eligible asset
			 class designated by the covered bond regulator, the assets designated by the
			 covered bond regulator for such class.
				(8)Eligible asset
			 classThe term
			 eligible asset class means each of the following classes of
			 assets:
				(A)Residential
			 mortgage asset class.
				(B)Home equity asset
			 class.
				(C)Commercial
			 mortgage asset class.
				(D)Public sector
			 asset class.
				(E)Auto asset
			 class.
				(F)Student loan asset
			 class.
				(G)Credit or charge
			 card asset class.
				(H)Small business
			 asset class.
				(I)Such other
			 eligible asset classes as may be designated by the covered bond
			 regulator.
				(9)Eligible
			 issuerThe term
			 eligible issuer means—
				(A)any insured
			 depository institution (as defined in section 3 of the Federal Deposit
			 Insurance Act) and any subsidiary of any such institution;
				(B)any bank holding company (as defined in
			 section 2 of the Bank Holding Company Act of 1956) or any savings and loan
			 holding company (as defined in section 10 of the Home Owners’ Loan Act);
			 and
				(C)any issuing entity
			 that is sponsored by 1 or more eligible issuers for the sole purpose of issuing
			 covered bonds on a pooled basis.
				(10)Oversight
			 programThe term oversight program means the
			 covered bonds regulatory oversight program established under section
			 3(a).
			(11)Substitute
			 assetThe term substitute asset means—
				(A)cash;
				(B)any direct
			 obligation of the United States Government, and any security or other
			 obligation whose full principal and interest are insured or guaranteed by the
			 full faith and credit of the United States Government;
				(C)any direct obligation of a United States
			 Government corporation or Government-sponsored enterprise of the highest
			 investment grade, and any other security or other obligation of the highest
			 investment grade whose full principal and interest are insured or guaranteed by
			 any such corporation or enterprise (including any mortgage-backed security
			 issued, insured, or guaranteed by any such corporation or enterprise);
				(D)any overnight
			 investment in Federal funds; and
				(E)any deposit
			 account or securities account into which only substitute assets may be
			 deposited or credited.
				3.Regulatory
			 oversight of covered bond programs established
			(a)Establishment
				(1)In
			 generalThe covered bond
			 regulator shall issue regulations establishing a covered bond regulatory
			 oversight program that meets the requirements of this section and that provides
			 for covered bond programs to be maintained in a manner consistent with safe and
			 sound banking practices.
				(2)Approval of each
			 covered bond program
					(A)Approval by
			 covered bond regulatorA
			 covered bond shall be subject to this Act only if such covered bond is issued
			 by an eligible issuer under a covered bond program that is approved by the
			 covered bond regulator. An eligible issuer may have 1 or more covered bond
			 programs. The covered bond regulator may approve a covered bond program that is
			 already in existence, and upon such approval, all covered bonds under such
			 covered bond program shall be subject to this Act regardless of when the
			 covered bonds are issued.
					(B)Consultation
			 with any Federal primary regulatorBefore approving any covered
			 bond program of any eligible issuer, the covered bond regulator shall consult
			 with the primary Federal regulator, if any, of such issuer.
					(3)RegistryUnder the oversight program, the covered
			 bond regulator shall maintain a registry on a Web site available to the public
			 containing the name of each approved covered bond program and information on
			 all outstanding covered bonds issued under each approved covered bond
			 program.
				(4)FeesThe covered bond regulator shall levy fees
			 on issuers of covered bonds in an amount, in the aggregate, equal to the costs
			 of the covered bond regulator in carrying out the provisions of this
			 Act.
				(b)Minimum
			 over-Collateralization requirements
				(1)Establishment
			 requiredThe covered bond
			 regulator from time to time shall establish minimum over-collateralization
			 requirements for covered bonds backed by each of the eligible asset classes
			 based on the credit, collection, and interest-rate risks, but not the liquidity
			 risks, associated with such eligible asset class.
				(2)Reliance on
			 Federal Reserve System standardsIn establishing requirements under
			 paragraph (1), the covered bond regulator may rely on over-collateralization
			 levels required for the same or similar asset classes by the Board of Governors
			 of the Federal Reserve System when extending credit to depository institutions
			 under the Federal Reserve Act.
				(3)TestingEach cover pool securing covered bonds
			 shall be required at all times to satisfy an asset-coverage test. The
			 asset-coverage test shall measure (as such term is defined by the covered bond
			 regulator) whether the eligible assets and the substitute assets in a cover
			 pool satisfy the minimum over-collateralization requirements established by the
			 covered bond regulator for covered bonds backed by the applicable eligible
			 asset class. Each issuer of covered bonds shall be required to perform the
			 asset-coverage test monthly on each of its cover pools and to disclose the
			 results to the primary Federal regulator of such issuer, if any, the covered
			 bond regulator, and the applicable covered bondholders. Each issuer of covered
			 bonds also shall be required to appoint the indenture trustee for such covered
			 bonds or another unaffiliated entity as an independent asset monitor for the
			 applicable cover pool, and such asset monitor shall be required, on an annual
			 or more frequent basis, to verify whether such cover pool satisfies the
			 asset-coverage test and to disclose the results to the primary Federal
			 regulator of such issuer, if any, the covered bond regulator, and the
			 applicable covered bondholders.
				(4)No loss of
			 statusCovered bonds shall
			 remain subject to this Act regardless of whether the applicable cover pool
			 ceases to satisfy the asset-coverage test at any time after issuance. If a
			 cover pool securing covered bonds fails to satisfy the asset-coverage test and
			 if such failure is not cured within the time specified in the related
			 transaction documents, such failure shall constitute a default that results in
			 the creation of an estate under section 4.
				(c)Eligibility
			 requirements
				(1)Single eligible
			 asset classNo cover pool may
			 include eligible assets from more than one eligible asset class.
				(2)Ineligible
			 assetsA loan shall not
			 qualify as an eligible asset while such loan is delinquent for more than 60
			 consecutive days. A security shall not qualify as an eligible asset while such
			 security does not meet any investment-grade requirement under this Act.
				(d)Other
			 requirements
				(1)Books and
			 records of issuerEach issuer
			 of covered bonds shall clearly mark its books and records to identify the
			 assets that comprise the applicable cover pool.
				(2)Schedule of
			 eligible assets and substitute assetsEach issuer of covered bonds shall deliver
			 to the applicable indenture trustee, on at least a monthly basis, a schedule of
			 all eligible assets and substitute assets in the applicable cover pool.
				4.Default and
			 insolvency
			(a)Default on
			 Covered Bonds Prior to Conservatorship, Receivership, Liquidation, or
			 Bankruptcy
				(1)Creation of
			 separate estateIf an uncured
			 default occurs with respect to a covered bond before the issuer of such covered
			 bond enters conservatorship, receivership, liquidation, or bankruptcy, an
			 estate shall be automatically created by operation of law and shall exist
			 separate and apart from such issuer or any subsequent conservatorship,
			 receivership, liquidating agency, or estate in bankruptcy for such issuer or
			 any of its other assets.
				(2)Assets and
			 liabilities of estateAny
			 estate created under paragraph (1) shall be comprised of the applicable cover
			 pool, which shall be automatically released to and held by such estate free and
			 clear of any right, title, interest, or claim of the issuer or any conservator,
			 receiver, liquidating agent, or trustee in bankruptcy for the issuer or any of
			 its other assets, and such estate shall be fully liable on all covered bonds
			 and related obligations of the issuer (including obligations under related
			 derivative transactions) that are secured by such cover pool.
				(3)Retention of
			 claimsAny holder of a
			 covered bond or related obligation secured by a cover pool for which an estate
			 has been created under paragraph (1) shall retain a claim against the issuer
			 for any deficiency with respect to such covered bond or related
			 obligation.
				(4)Residual
			 interestUpon the creation of
			 an estate under paragraph (1), a residual interest in such estate shall be
			 automatically issued by operation of law to the issuer. The residual interest
			 shall—
					(A)be an exempted
			 security as described in section 5;
					(B)represent the
			 right to any surplus from the cover pool after the applicable covered bonds and
			 all other liabilities of such estate have been paid in full; and
					(C)be evidenced by a
			 certificate executed by the covered bond regulator as trustee of such
			 estate.
					(5)Obligation of
			 issuerAfter the creation of
			 an estate under paragraph (1), the issuer shall be obligated to cooperate in
			 effecting a transfer to the covered bond regulator or its designee of all
			 tangible or electronic books, records, files, and other documents or materials
			 relating to the assets and liabilities of such estate and, at the election of
			 the covered bond regulator, shall continue servicing the cover pool for 120
			 days after the creation of such estate in return for a fair-market-value
			 fee.
				(6)Trustee,
			 servicer, and administrator
					(A)In
			 generalThe covered bond regulator shall—
						(i)act
			 as the trustee of any estate created under paragraph (1); and
						(ii)appoint 1 or more servicers or
			 administrators for the cover pool held by such estate.
						(B)Powers and
			 duties of servicer or administratorAny servicer or administrator appointed for
			 an estate—
						(i)shall collect,
			 realize on (by liquidation or other means), and otherwise manage the cover pool
			 held by such estate;
						(ii)may borrow or
			 otherwise procure funds for the benefit of such estate on a secured or
			 unsecured basis;
						(iii)shall invest and
			 use the proceeds and funds received to make all remaining interest and
			 principal payments on the applicable covered bonds according to their terms
			 (or, if an acceleration or similar event occurs under the related transaction
			 documents, at the times specified in such transaction documents) and to satisfy
			 any other liabilities of such estate; and
						(iv)shall, in the event of a liquidity
			 constraint caused by a timing mismatch among the assets and the liabilities of
			 an estate, pursue private market alternatives to provide the needed
			 liquidity.
						(C)Supervision of
			 servicer or administratorThe
			 covered bond regulator shall supervise any servicer or administrator that is
			 appointed for an estate and, if in the best interests of the estate, may remove
			 or replace any servicer or administrator. Each servicer or administrator for an
			 estate, as and when required by the covered bond regulator, shall deliver
			 reports that describe its activities on behalf of such estate and the
			 performance of the cover pool held by such estate. All fees and expenses of any
			 servicer or administrator for an estate shall be approved by the covered bond
			 regulator and shall be paid from such estate.
					(b)Default on
			 covered bonds upon conservatorship, receivership, liquidation, or
			 bankruptcy
				(1)FDIC
			 conservatorship or receivership
					(A)In
			 generalIf the Corporation is
			 appointed as conservator or receiver for an issuer of covered bonds before an
			 uncured default results in the creation of an estate under subsection (a), the
			 Corporation as conservator or receiver shall have an exclusive right, for 15
			 days from the date of such appointment, to transfer any cover pool owned by
			 such issuer in its entirety together with all covered bonds and related
			 obligations secured by such cover pool to another eligible issuer that meets
			 all conditions and requirements specified in the related transaction
			 documents.
					(B)Obligations
			 during 15-day periodDuring
			 the 15-day period described in subparagraph (A), the Corporation as conservator
			 or receiver shall satisfy all monetary and nonmonetary obligations of the
			 issuer under the covered bonds and the related transaction documents until any
			 transfer to another eligible issuer is completed.
					(C)Assumption by
			 transfereeIf the Corporation
			 as conservator or receiver effects a transfer described in subparagraph (A)
			 within the 15-day period, the transferee shall take ownership of the applicable
			 cover pool and shall become fully liable on all covered bonds and related
			 obligations of the issuer that are secured by such cover pool.
					(2)Other
			 circumstancesIf—
					(A)a conservator, receiver, liquidating agent,
			 or trustee in bankruptcy, other than the Corporation, is appointed for an
			 issuer of covered bonds before an uncured default results in the creation of an
			 estate under subsection (a); or
					(B)in the case an issuer of covered bonds for
			 which the Corporation is appointed as conservator or receiver as described in
			 paragraph (1)(A), no transfer by the Corporation as conservator or receiver is
			 completed within the 15-day period as described in such paragraph, an estate
			 shall be automatically created by operation of law and shall exist separate and
			 apart from such issuer and the conservatorship, receivership, liquidating
			 agency, or estate in bankruptcy for such issuer or any of its other
			 assets.
					(3)Assets and
			 liabilities of estateAny
			 estate created under paragraph (2) shall be comprised of the applicable cover
			 pool, which shall be automatically released to and held by such estate free and
			 clear of any right, title, interest, or claim of the issuer or any conservator,
			 receiver, liquidating agent, or trustee in bankruptcy for the issuer or any of
			 its other assets, and such estate shall be fully liable on all covered bonds
			 and related obligations of the issuer (including obligations under related
			 derivative transactions) that are secured by such cover pool.
				(4)Contingent
			 claimAny contingent claim
			 for a deficiency with respect to a covered bond or related obligation for which
			 an estate has been created under paragraph (2) shall be estimated by the
			 conservator, receiver, liquidating agent, or bankruptcy court for purposes of
			 allowing such claim as a provable claim if awaiting the fixing of that
			 contingent claim would unduly delay the resolution of the conservatorship,
			 receivership, liquidating agency, or bankruptcy case.
				(5)Residual
			 interestUpon the creation of an estate under paragraph (2), and
			 regardless of whether any contingent claim described in paragraph (4) becomes
			 fixed or is estimated, a residual interest in such estate shall be
			 automatically issued by operation of law to the conservator, receiver,
			 liquidating agent, or trustee in bankruptcy for the issuer. The residual
			 interest shall—
					(A)be an exempted
			 security as described in section 5;
					(B)represent the
			 right to any surplus from the cover pool after the applicable covered bonds and
			 all other liabilities of such estate have been paid in full; and
					(C)be evidenced by a certificate executed by
			 the covered bond regulator as trustee of such estate.
					(6)Obligation of
			 issuerAfter the creation of
			 an estate under paragraph (2), the issuer and its conservator, receiver,
			 liquidating agent, or trustee in bankruptcy shall transfer to the covered bond
			 regulator or its designee all tangible or electronic books, records, files, and
			 other documents or materials relating to the assets and liabilities of such
			 estate and, at the election of the covered bond regulator (but subject to any
			 right of repudiation or rejection held by such conservator, receiver,
			 liquidating agent, or trustee in bankruptcy), shall continue servicing the
			 cover pool for 120 days after the creation of such estate in return for a
			 fair-market-value fee.
				(7)Trustee,
			 servicer, and administrator
					(A)In
			 generalThe covered bond regulator shall—
						(i)act as the trustee of any estate created
			 under paragraph (2); and
						(ii)appoint 1 or more servicers or
			 administrators for the cover pool held by such estate.
						(B)Powers and
			 duties of servicer or administratorAny servicer or administrator
			 appointed for an estate—
						(i)shall collect, realize on (by liquidation
			 or other means), and otherwise manage the cover pool held by such
			 estate;
						(ii)may borrow or
			 otherwise procure funds for the benefit of such estate on a secured or
			 unsecured basis;
						(iii)shall invest and
			 use the proceeds and funds received to make all remaining interest and
			 principal payments on the applicable covered bonds according to their terms
			 (or, if an acceleration or similar event occurs under the related transaction
			 documents, at the times specified in such transaction documents) and to satisfy
			 any other liabilities of such estate; and
						(iv)shall, in the event of a liquidity
			 constraint caused by a timing mismatch among the assets and the liabilities of
			 an estate, pursue private market alternatives to provide the needed
			 liquidity.
						(C)Supervision of
			 servicer or administratorThe
			 covered bond regulator shall supervise any servicer or administrator that is
			 appointed for an estate and, if in the best interests of the estate, may remove
			 or replace any servicer or administrator. Each servicer or administrator for an
			 estate, as and when required by the covered bond regulator, shall deliver
			 reports that describe its activities on behalf of such estate and the
			 performance of the cover pool held by such estate. All fees and expenses of any
			 servicer or administrator for an estate shall be approved by the covered bond
			 regulator and shall be paid from such estate.
					5.Securities law
			 provisions
			(a)Registration
				(1)Applicability to
			 bank issuersCovered bonds that are offered and sold to the
			 public by a bank (or a subsidiary of a bank) shall be—
					(A)subject to—
						(i)securities
			 regulations issued by the primary Federal regulator of such bank; and
						(ii)applicable
			 antifraud rules; and
						(B)exempt from all
			 other Federal securities laws.
					(2)Applicability to
			 issuers sponsored by 1 or more banks with same regulatorCovered
			 bonds that are offered and sold to the public by an issuing entity that is
			 sponsored only by 1 or more banks with the same primary Federal regulator shall
			 be—
					(A)subject to—
						(i)securities
			 regulations issued by such primary Federal regulator; and
						(ii)applicable
			 antifraud rules; and
						(B)exempt from all
			 other Federal securities laws.
					(3)Other
			 issuersFor covered bonds
			 that are offered and sold to the public by any other eligible issuer and that
			 are not otherwise exempted securities, the Securities and Exchange Commission
			 shall develop a streamlined registration scheme.
				(4)Extension of
			 exemptions to separate estatesEach exemption described in paragraph (1)
			 or (2) shall continue to apply to any estate created under subsection (a) or
			 (b) of section 4 and to any residual interest in such estate.
				(b)Disclosure and
			 reporting
				(1)Applicability to
			 bank issuersAt a reasonable time before the initial sale of a
			 covered bond by a bank or a subsidiary of a bank, such bank or subsidiary shall
			 make available to investors the information required by the securities
			 regulations issued by such bank’s primary Federal regulator and applicable
			 antifraud rules.
				(2)Applicability to
			 issuers sponsored by 1 or more banks with same regulatorAt a reasonable time before the initial
			 sale of a covered bond by an issuing entity that is sponsored only by 1 or more
			 banks with the same primary Federal regulator, such issuing entity shall make
			 available to investors the information required by the securities regulations
			 issued by such primary Federal regulator and applicable antifraud rules.
				(3)Other
			 issuersAt a reasonable time
			 before the initial sale of a covered bond that is not an exempted security by
			 any other eligible issuer, such issuer shall make available to investors the
			 information required under the streamlined approach established by the
			 Securities and Exchange Commission under paragraph (a)(3) and applicable
			 antifraud rules.
				(4)StandardsFor
			 each of the issuers described in paragraphs (1) to (3), the content and
			 frequency of reports to investors shall be determined according to the same
			 standards that govern the initial information delivery requirement.
				6.Miscellaneous
			 Provisions
			(a)Domestic
			 securitiesSection 106(a)(1)
			 of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C.
			 77r–1(a)(1)) is amended—
				(1)in subparagraph
			 (C), by striking or at the end;
				(2)in subparagraph
			 (D), by adding or at the end; and
				(3)by inserting after
			 subparagraph (D) the following:

						(E)covered bonds (as defined under section
				2(3) of the United States Covered Bond Act of
				2010),
						.
				(b)Real estate
			 mortgage investment conduitsSection 860G(a)(3) of the Internal Revenue
			 Code of 1986 is amended—
				(1)in subparagraph
			 (B), by striking and at the end;
				(2)in subparagraph
			 (C), by striking the period and inserting a comma; and
				(3)by inserting after
			 subparagraph (C) the following:

						(D)covered bonds secured by eligible assets
				from the residential mortgage asset class, the home equity asset class, or the
				commercial mortgage asset class (within the meaning of section 2 of the United
				States Covered Bond Act of
				2010).
						.
				(c)Tax
			 provisionsAny estate created
			 under subsection (a) or (b) of section 4 shall not be taxable as a separate
			 entity. No transfer of any asset or liability to an estate under such
			 subsections shall be a taxable event. The acquisition of any covered bond shall
			 be treated as an acquisition of a security, and not as an interest in a loan or
			 a lending transaction, for purposes of determining the character of any related
			 trade or business activity of the acquirer or any asset held by such
			 acquirer.


113 S1864 IS: To require a demonstration program on the accession as Air Force officers of candidates with auditory impairments.
U.S. Senate
2013-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1864IN THE SENATE OF THE UNITED STATESDecember 19, 2013Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo require a demonstration program on the accession as Air Force
		  officers of candidates with auditory impairments. 1.Demonstration program on accession of
			 candidates with auditory impairments as Air Force officers(a)Demonstration program
			 requiredBeginning not later than 90 days after the date of the
			 enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals
			 with auditory impairments (including deafness) to access as officers of the Air
			 Force.(b)Candidates(1)Number of
			 candidatesThe total number of individuals with auditory impairments
			 who may participate in the demonstration program shall be not fewer than 15 individuals
			 or more than 20 individuals.(2)Mix and range
			 of auditory impairmentsThe individuals who participate in the
			 demonstration program shall include individuals who are deaf and individuals who have a
			 range of other auditory impairments.(3)Qualification
			 for accessionAny individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in
			 the Air Force, other than those related to having an auditory
			 impairment.(c)Selection of participants(1)In generalThe Secretary of the Air Force shall—(A)publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training;(B)create a process whereby interested individuals can apply for the demonstration program; and(C)select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b).(2)No prior service as Air Force officersParticipants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force.(d)Basic
			 officer training(1)In generalThe participants in the demonstration program
			 shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training
			 course or the Commissioned Officer Training course at Maxwell Air Force Base,
			 Alabama.(2)Number of participantsOnce individuals begin participating in the demonstration program, each Basic Officer Training course or  Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training.(3)Auxiliary aids and servicesThe Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12103)) in order to fully participate in the demonstration program.(e)Coordination(1)Special advisorThe Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training.(2)QualificationsThe special advisor shall be a member of the Armed Forces on active duty—(A)who—(i)if a commissioned officer, shall be in grade O–3 or higher; or(ii)if an enlisted member, shall be in grade E–5 or higher; and(B)who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness).(3)ResponsibilitiesThe special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants.(f)ReportNot
			 later than two years after the date of the enactment of this Act, the Secretary
			 of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following:(1)A description of
			 the demonstration program and the participants in the demonstration program.(2)The outcome of
			 the demonstration program, including—(A)the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course;(B)the number of participants in the demonstration program that were recommended for continued military service;(C)the issues that were encountered during the program; and(D)such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces.(3)Such
			 recommendations for legislative or administrative action as the Secretary
			 considers appropriate in light of the demonstration program.(g)Appropriate
			 committees of Congress definedIn this section, the term
			 appropriate committees of Congress means—(1)the Committee on
			 Armed Services, the Committee on Health, Education, Labor, and Pensions, and
			 the Committee on Appropriations of the Senate; and(2)the Committee on
			 Armed Services and the Committee on Appropriations of the House of
			 Representatives.


116 HR 5592 IH: Providing Urgent Maternal Protections for Nursing Mothers Act
U.S. House of Representatives
2020-01-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5592IN THE HOUSE OF REPRESENTATIVESJanuary 13, 2020Mrs. Carolyn B. Maloney of New York introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in
			 the workplace, and for other purposes.

 1.Short titleThis Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act. 2.Breastfeeding accommodations in the workplace (a)Expanding employee access to break time and spaceThe Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
 (1)in section 13 (29 U.S.C. 213)— (A)in subsection (a), in the matter preceding paragraph (1), by inserting (except section 7(r)) after and 7;
 (B)in each of subsections (b), (e), (h), (i), and (j), by inserting (except section 7(r)) after provisions of section 7; (C)in subsection (d), by inserting (except section 7(r)) after 6, 7;
 (D)in subsection (e), by striking provisions of section 7 each place where the term appears and inserting provisions of section 7 (except section 7(r)); and (E)in subsection (f), by striking 6, 7, 11, and 12 and inserting 6, 7 (except section 7(r)), 11, and 12; and
 (2)in section 14(d) (29 U.S.C. 214(d)), by inserting (except section 7(r)) after 7. (b)Clarifying remediesSection 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended by striking 15(a)(3) each place the term appears and inserting 7(r) or 15(a)(3).
 (c)Clarifying application of unpaid break time provision to hourly and salaried workersSection 7(r)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)(2)) is amended— (1)by striking (2) An and inserting (2)(A) Subject to subparagraph (B), an;
 (2)by striking work time spent and inserting time spent during the work day; (3)by inserting , unless otherwise required by Federal, State, or local law before the period at the end; and
 (4)by adding at the end the following:  (B)In the case of an employee who is compensated on an hourly basis, the employer shall compensate the employee for reasonable break time under paragraph (1) if the employee is not entirely relieved from duty during the break..
				3.Effective date
 (a)Expanding accessThe amendments made under subsections (a) and (b) of section 2 shall take effect on the date that is 120 days after the date of enactment of this Act.
 (b)Remedies and clarificationThe amendments made under section 2(c) shall take effect on the date of enactment of this Act.


116 S3434 ES: Confidentiality Opportunities for Peer Support Counseling Act
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

116th CONGRESS2d SessionS. 3434IN THE SENATE OF THE UNITED STATESAN ACTTo make Federal law enforcement officer peer support communications confidential, and for other purposes.1.Short titleThis Act may be cited as the Confidentiality Opportunities for Peer Support Counseling Act or the COPS Counseling Act.2.Confidentiality of peer support communications(a)DefinitionsIn this section:(1)Law enforcement agencyThe term law enforcement agency means a Federal agency that employs a law enforcement officer.(2)Law enforcement officerThe term law enforcement officer has the meaning given the term Federal law enforcement officer in section 115 of title 18, United States Code.(3)Peer support communicationThe term peer support communication includes—(A)an oral or written communication made in the course of a peer support counseling session;(B)a note or report arising out of a peer support counseling session;(C)a record of a peer support counseling session; or(D)with respect to a communication made by a peer support participant in the course of a peer support counseling session, another communication, regarding the first communication, that is made between a peer support specialist and—(i)another peer support specialist;(ii)a staff member of a peer support counseling program; or(iii)a supervisor of the peer support specialist.(4)Peer support counseling programThe term peer support counseling program means a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency.(5)Peer support counseling sessionThe term peer support counseling session means any counseling formally provided through a peer support counseling program between a peer support specialist and one or more law enforcement officers.(6)Peer support participantThe term peer support participant means a law enforcement officer who receives counseling services from a peer support specialist. (7)Peer support specialistThe term peer support specialist means a law enforcement officer who—(A)has received training in—(i)peer support counseling; and(ii)providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and(B)is designated by a law enforcement agency to provide the services described in subparagraph (A).(b)ProhibitionExcept as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication.(c)ExceptionsSubsection (b) shall not apply to a peer support communication if—(1)the peer support communication contains—(A)an explicit threat of suicide;(B)an explicit threat of imminent and serious physical bodily harm or death to a clearly identified or identifiable individual;(C)information—(i)relating to the abuse or neglect of—(I)a child; or(II)an older or vulnerable individual; or(ii)that is required by law to be reported; or(D)an admission of criminal conduct;(2)the disclosure is permitted by each peer support participant who was a party to, as applicable—(A)the peer support communication;(B)the peer support counseling session out of which the peer support communication arose;(C)the peer support counseling session of which the peer support communication is a record; or(D)the communication made in the course of a peer support counseling session that the peer support communication is regarding; or(3)a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication.(d)Rule of constructionNothing in subsection (b) shall be construed to prohibit the disclosure of—(1)an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or(2)knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication.(e)Disclosure of rightsBefore the initial peer support counseling session of a peer support participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality requirement under subsection (b) and the exceptions to the requirement under subsection (c).3.Best practices and support(a)DefinitionsIn this section:(1)First responderThe term first responder has the meaning given the term public safety officer in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).(2)First responder agencyThe term first responder agency means a Federal, State, local, or Tribal agency that employs or otherwise engages the services of a first responder.(3)Peer support counseling programThe term peer support counseling program means a program provided by a first responder agency that provides counseling services from a peer support specialist to a first responder of the first responder agency.(4)Peer support participantThe term peer support participant means a first responder who receives counseling services from a peer support specialist. (5)Peer support specialistThe term peer support specialist means a first responder who—(A)has received training in—(i)peer support counseling; and(ii)providing emotional and moral support to first responders who have been involved in or exposed to an emotionally traumatic experience in the course of the duties of the first responder; and(B)is designated by a first responder agency to provide the services described in subparagraph (A). (b)Report on best practicesNot later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall develop a report on best practices and professional standards for peer support counseling programs for first responder agencies that includes—(1)advice on—(A)establishing and operating peer support counseling programs; and(B)training and certifying peer support specialists;(2)a code of ethics for peer support specialists;(3)recommendations for continuing education for peer support specialists;(4)advice on disclosing to first responders any confidentiality rights of peer support participants; and(5)information on—(A)the different types of peer support counseling programs in use by first responder agencies;(B)any differences in peer support counseling programs offered across categories of first responders; and(C)the important role senior first responders play in supporting access to mental health resources.(c)ImplementationThe Attorney General shall support and encourage the implementation of peer support counseling programs in first responder agencies by—(1)making the report developed under subsection (b) publicly available on the website of the Department of Justice; and(2)providing a list of peer support specialist training programs on the website of the Department of Justice.Passed the Senate May 14, 2020.Secretary