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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2340 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2340
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Development Credit Authority for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Development Credit Authority for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERAL ECONOMIC
ASSISTANCE, DEVELOPMENT CREDIT AUTHORITY FOR FISCAL YEAR
2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Bilaterial Economic
Assistance, Development Credit Authority for fiscal year 2024 may not
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<all>
</pre></body></html>
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118HR2341 | To provide for a limitation on availability of funds for Bilaterial Economic Assistance, Economic Support Fund for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2341 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2341
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Economic Support Fund for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Economic Support Fund for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERAL ECONOMIC
ASSISTANCE, ECONOMIC SUPPORT FUND FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Bilaterial Economic
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<all>
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118HR2342 | To provide for a limitation on availability of funds for Bilaterial Economic Assistance, Democracy Fund for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2342 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2342
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Democracy Fund for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Democracy Fund for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERAL ECONOMIC
ASSISTANCE, DEMOCRACY FUND FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Bilaterial Economic
Assistance, Democracy Fund for fiscal year 2024 may not exceed
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<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2343 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2343
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Assistance for Europe, Eurasia, and Central Asia
for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilateral
Economic Assistance, Assistance for Europe, Eurasia, and Central Asia
for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERAL ECONOMIC
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Notwithstanding any other provision of the law, amounts authorized
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<all>
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118HR2344 | To provide for a limitation on availability of funds for Bilaterial Economic Assistance, Department of State, Migration and Refugee Assistance for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2344 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2344
To provide for a limitation on availability of funds for Bilaterial
Economic Assistance, Department of State, Migration and Refugee
Assistance for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilaterial
Economic Assistance, Department of State, Migration and Refugee
Assistance for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERIAL ECONOMIC
ASSISTANCE, DEPARTMENT OF STATE, MIGRATION AND REFUGEE
ASSISTANCE FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Bilaterial Economic
Assistance, Department of State, Migration and Refugee Assistance for
fiscal year 2024 may not exceed $2,027,876,000.
<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2345 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2345
To provide for a limitation on availability of funds for Bilaterial
Economic Assistance, Department of State, US Emergency Refugee and
Migration Assistance Fund for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Bilaterial
Economic Assistance, Department of State, US Emergency Refugee and
Migration Assistance Fund for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR BILATERIAL ECONOMIC
ASSISTANCE, DEPARTMENT OF STATE, US EMERGENCY REFUGEE AND
MIGRATION ASSISTANCE FUND FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
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Assistance Fund for fiscal year 2024 may not exceed $100,000.
<all>
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118HR2346 | To provide for a limitation on availability of funds for the Peace Corps for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2346
To provide for a limitation on availability of funds for the Peace
Corps for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for the Peace
Corps for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR THE PEACE CORPS FOR
FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for the Peace Corps for
fiscal year 2024 may not exceed $410,500,000.
<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2347 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2347
To provide for a limitation on availability of funds for the Millennium
Challenge Corporation for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for the Millennium
Challenge Corporation for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MILLENNIUM
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Notwithstanding any other provision of the law, amounts authorized
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<all>
</pre></body></html>
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118HR2348 | To provide for a limitation on availability of funds for the Inter-American Foundation for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2348 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2348
To provide for a limitation on availability of funds for the Inter-
American Foundation for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for the Inter-
American Foundation for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR THE INTER-AMERICAN
FOUNDATION FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for the Inter-American
Foundation for fiscal year 2024 may not exceed $22,500,000.
<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2349 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2349
To provide for a limitation on availability of funds for the United
States African Development Foundation for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for the United
States African Development Foundation for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR THE UNITED STATES
AFRICAN DEVELOPMENT FOUNDATION FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
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Development Foundation for fiscal year 2024 may not exceed $30,000,000.
<all>
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118HR235 | Triple-Negative Breast Cancer Research and Education Act of 2023 | [
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] | <p><b>Triple-Negative Breast Cancer Research and Education Act of 2023</b></p> <p>This bill requires research and education activities related to triple-negative breast cancer. The cells of these breast cancers are negative for estrogen receptors, progesterone receptors, and excess HER2 protein, so they do not respond to hormonal therapy medicines or medicines that target the HER2 protein receptors.</p> <p>Specifically, the National Institutes of Health must conduct and support research into the disease.</p> <p>Additionally, the Centers for Disease Control and Prevention and the Health Resources and Services Administration must develop information about triple-negative breast cancer, including information regarding the elevated risk for minority women, for the public and for health care providers.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 235 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 235
To provide for research and education with respect to triple-negative
breast cancer, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for research and education with respect to triple-negative
breast cancer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Triple-Negative Breast Cancer
Research and Education Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Breast cancer accounts for 1 in 4 cancer diagnoses
among women in this country.
(2) The survival rate for breast cancer has increased to 90
percent for White women and 78 percent for African-American
women.
(3) African-American women are more likely to be diagnosed
with larger tumors and more advanced stages of breast cancer
despite a lower incidence rate.
(4) Early detection for breast cancer increases survival
rates for breast cancer, as evidenced by a 5-year relative
survival rate of 98 percent for breast cancers that are
discovered before the cancer spreads beyond the breast,
compared to 23 percent for stage IV breast cancers.
(5) Triple-negative breast cancer is a term used to
describe breast cancers whose cells do not have estrogen
receptors and progesterone receptors, and do not have an excess
of the HER2 protein on their sources.
(6) It is estimated that between 10 and 20 percent of
female breast cancer patients are diagnosed with triple-
negative breast cancer, and studies indicate the prevalence of
triple-negative breast cancer is much higher.
(7) Triple-negative breast cancer most commonly affects
African-American women, followed by Hispanic women.
(8) Triple-negative breast cancer is a very aggressive form
of cancer which affects women under the age of 50 across all
racial and socioeconomic backgrounds.
(9) African-American women are 3 times more likely to
develop triple-negative breast cancer than White women.
(10) Triple-negative breast cancer tends to grow and spread
more quickly than most other types of breast cancer.
(11) Like other forms of breast cancer, triple-negative
breast cancer is treated with surgery, radiation therapy, or
chemotherapy.
(12) Early-stage detection of triple-negative breast cancer
is the key to survival because the tumor cells lack certain
receptors, and neither hormone therapy nor drugs that target
these receptors are effective against these cancers; therefore,
early detection and education is vital.
(13) Current research and available data do not provide
adequate information on--
(A) the rates of prevalence and incidence of
triple-negative breast cancer in African-American,
Hispanic, and other minority women;
(B) the costs associated with treating triple-
negative breast cancer; and
(C) the methods by which triple-negative breast
cancer may be prevented or cured in these women.
SEC. 3. RESEARCH WITH RESPECT TO TRIPLE-NEGATIVE BREAST CANCER.
(a) Research.--The Director of the National Institutes of Health
(in this section referred to as the ``Director of NIH'') shall expand,
intensify, and coordinate programs for the conduct and support of
research with respect to triple-negative breast cancer.
(b) Administration.--The Director of NIH shall carry out this
section through the appropriate institutes, offices, and centers of the
National Institutes of Health, including the Eunice Kennedy Shriver
National Institute of Child Health and Human Development, the National
Institute of Environmental Health Sciences, the Office of Research on
Women's Health, and the National Institute on Minority Health and
Health Disparities.
(c) Coordination of Activities.--The Director of the Office of
Research on Women's Health shall coordinate activities under this
section among the institutes, offices, and centers of the National
Institutes of Health.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $500,000 for
each of the fiscal years 2024 through 2026.
SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO
TRIPLE-NEGATIVE BREAST CANCER.
(a) Triple-Negative Breast Cancer Public Education Program.--The
Secretary of Health and Human Services, acting through the Director of
the Centers for Disease Control and Prevention, shall develop and
disseminate to the public information regarding triple-negative breast
cancer, including information on--
(1) the incidence and prevalence of triple-negative breast
cancer among women;
(2) the elevated risk for minority women to develop triple-
negative breast cancer; and
(3) the availability, as medically appropriate, of a range
of treatment options for symptomatic triple-negative breast
cancer.
(b) Dissemination of Information.--The Secretary may disseminate
information under subsection (a) directly or through arrangements with
nonprofit organizations, consumer groups, institutions of higher
education, Federal, State, or local agencies, or the media.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2024 through 2026.
SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO TRIPLE-
NEGATIVE BREAST CANCER.
(a) Dissemination of Information.--The Secretary of Health and
Human Services, acting through the Administrator of the Health
Resources and Services Administration, shall develop and disseminate to
health care providers information on triple-negative breast cancer for
the purpose of ensuring that health care providers remain informed
about current information on triple-negative breast cancer. Such
information shall include the elevated risk for minority women to
develop triple-negative breast cancer and the range of available
options for the treatment of symptomatic triple-negative breast cancer.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2024 through 2028.
SEC. 6. DEFINITION.
In this Act, the term ``minority women'' means women who are
members of a racial and ethnic minority group, as defined in section
1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)).
<all>
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118HR2350 | To provide for a limitation on availability of funds for Department of Treasury, International Affairs Technical Assistance for fiscal year 2024. | [
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[From the U.S. Government Publishing Office]
[H.R. 2350 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2350
To provide for a limitation on availability of funds for Department of
Treasury, International Affairs Technical Assistance for fiscal year
2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Department of
Treasury, International Affairs Technical Assistance for fiscal year
2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF
TREASURY, INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE FOR
FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Department of Treasury,
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118HR2351 | To provide for a limitation on availability of funds for Department of State, International Narcotics Control and Law Enforcement for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2351 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2351
To provide for a limitation on availability of funds for Department of
State, International Narcotics Control and Law Enforcement for fiscal
year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Department of
State, International Narcotics Control and Law Enforcement for fiscal
year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF STATE,
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT FOR
FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Department of State,
International Narcotics Control and Law Enforcement for fiscal year
2024 may not exceed $1,391,004,000.
<all>
</pre></body></html>
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118HR2352 | To provide for a limitation on availability of funds for Department of State, Nonproliferation, Anti-Terrorism, Demining and Related Programs for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2352 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2352
To provide for a limitation on availability of funds for Department of
State, Nonproliferation, Anti-Terrorism, Demining and Related Programs
for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Department of
State, Nonproliferation, Anti-Terrorism, Demining and Related Programs
for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF STATE,
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Department of State,
Nonproliferation, Anti-Terrorism, Demining and Related Programs for
fiscal year 2024 may not exceed $864,550,000.
<all>
</pre></body></html>
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118HR2353 | To provide for a limitation on availability of funds for Department of State, Peacekeeping Operations for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2353 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2353
To provide for a limitation on availability of funds for Department of
State, Peacekeeping Operations for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Department of
State, Peacekeeping Operations for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF STATE,
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Department of State,
Peacekeeping Operations for fiscal year 2024 may not exceed
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<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2354 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2354
To provide for a limitation on availability of funds for International
Military Education and Training for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for International
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Be it enacted by the Senate and House of Representatives of the
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Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for International Military
Education and Training for fiscal year 2024 may not exceed
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<all>
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118HR2355 | To provide for a limitation on availability of funds for Foreign Military Financing Program for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2355 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2355
To provide for a limitation on availability of funds for Foreign
Military Financing Program for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Foreign
Military Financing Program for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR FOREIGN MILITARY
FINANCING PROGRAM FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Foreign Military
Financing Program for fiscal year 2024 may not exceed $5,962,241,000.
<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2356
To provide for a limitation on availability of funds for International
Organizations and Programs for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for International
Organizations and Programs for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for International
Organizations and Programs for fiscal year 2024 may not exceed
$339,000,000.
<all>
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118HR2357 | To provide for a limitation on availability of funds for Global Environment Facility for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2357 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2357
To provide for a limitation on availability of funds for Global
Environment Facility for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL ENVIRONMENT
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<all>
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118HR2358 | To provide for a limitation on availability of funds for Contribution to the Clean Technology Fund for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2358 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2358
To provide for a limitation on availability of funds for Contribution
to the Clean Technology Fund for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
to the Clean Technology Fund for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
CLEAN TECHNOLOGY FUND FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Contribution to the Clean
Technology Fund for fiscal year 2024 may not exceed $0.
<all>
</pre></body></html>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2359 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2359
To provide for a limitation on availability of funds for Contribution
to the International Bank for Reconstruction and Development for fiscal
year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
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Notwithstanding any other provision of the law, amounts authorized
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<all>
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118HR236 | To direct the Secretary of Veterans Affairs to designate a week as "Battle Buddy Check Week" for the purpose of outreach and education concerning peer wellness checks for veterans, and for other purposes. | [
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] | <p>This bill requires the Department of Veterans Affairs (VA) to designate one week per year as Battle Buddy Check Week for the purposes of organizing outreach events and educating veterans on how to conduct peer wellness checks. The VA shall ensure that the Veterans Crisis Line has a plan for handling the potential increase in calls that may occur during such week.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 236 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 236
To direct the Secretary of Veterans Affairs to designate a week as
``Battle Buddy Check Week'' for the purpose of outreach and education
concerning peer wellness checks for veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to designate a week as
``Battle Buddy Check Week'' for the purpose of outreach and education
concerning peer wellness checks for veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Veterans Affairs is the Federal
agency charged with managing benefits and health care for the
Nation's veterans.
(2) In recent years, the Department of Veterans Affairs
made the prevention of veteran suicide among the highest
priorities of the Department and has developed data models to
continually improve and tailor suicide prevention strategies
and initiatives.
(3) Among the recent suicide prevention initiatives are--
(A) an expanded Veterans Crisis Line to three call
centers;
(B) launching the S.A.V.E. suicide prevention
training video;
(C) implementing the Mayor's Challenge, which
engages local elected officials in veteran suicide
prevention; and
(D) partnering with the Department of Defense and
the Department of Homeland Security to support veterans
during their transition from military to civilian life.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Veterans Affairs should--
(1) remain focused on screening transitioning members of
the Armed Forces for factors associated with suicide and
providing treatment and other services needed to reduce
suicides;
(2) undertake suicide prevention through a multi-pronged
strategy that addresses the many factors that are known to
contribute to suicide;
(3) continue to regard suicide prevention as one of the
highest priorities of the Department; and
(4) provide guidance to other agencies and veteran service
organizations on the factors that are associated with suicide.
SEC. 2. DESIGNATION OF BATTLE BUDDY CHECK WEEK BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall designate
one week per year to organize outreach events and educate veterans on
how to conduct peer wellness checks, which shall be known as ``Battle
Buddy Check Week''.
(b) Events and Education.--
(1) In general.--During Battle Buddy Check Week, the
Secretary, in consultation with organizations that represent
veterans, non-profits that serve veterans, mental health
experts, members of the Armed Forces, and such other entities
and individuals as the Secretary considers appropriate, shall
collaborate with organizations that represent veterans to
provide educational opportunities for veterans to learn how to
conduct peer wellness checks.
(2) Training matters.--As part of the educational
opportunities provided under paragraph (1), the Secretary shall
provide the following:
(A) A script for veterans to use to conduct peer
wellness checks that includes information on
appropriate referrals to resources veterans might need.
(B) Online and in-person training, as appropriate,
on how to conduct a peer wellness check.
(C) Opportunities for members of organizations that
represent veterans to learn how to train individuals to
conduct peer wellness checks.
(D) Training for veterans participating in Battle
Buddy Check Week on how to transfer a phone call
directly to the Veterans Crisis Line.
(E) Resiliency training for veterans participating
in Battle Buddy Check Week on handling a veteran in
crisis.
(3) Online materials.--All training materials provided
under the educational opportunities under paragraph (1) shall
be made available on a website of the Department.
(c) Outreach.--The Secretary, in collaboration with organizations
that represent veterans, may conduct outreach regarding educational
opportunities under subsection (b) at--
(1) public events where many veterans are expected to
congregate;
(2) meetings of organizations that represent veterans;
(3) facilities of the Department of Veterans Affairs; and
(4) such other locations as the Secretary, in collaboration
with organizations that represent veterans, considers
appropriate.
(d) Veterans Crisis Line Plan.--
(1) In general.--The Secretary shall ensure that the
Veterans Crisis Line has a plan for handling the potential
increase of calls that may occur during Battle Buddy Check
Week.
(2) Submittal of plan.--The head of the Veterans Crisis
Line shall submit to the Secretary a plan for how to handle
excess calls during Battle Buddy Check Week, which may include
the following:
(A) Additional hours for staff.
(B) The use of a backup call center.
(C) Any other plan to ensure that calls from
veterans in crisis are being answered in a timely
manner by an individual trained at the same level as a
Veterans Crisis Line responder.
(e) Veterans Crisis Line Defined.--In this section, the term
``Veterans Crisis Line'' means the toll-free hotline for veterans
established under section 1720F(h) of title 38, United States Code.
<all>
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118HR2360 | To provide for a limitation on availability of funds for Contribution to the International Development Association for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2360
To provide for a limitation on availability of funds for Contribution
to the International Development Association for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
to the International Development Association for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
INTERNATIONAL DEVELOPMENT ASSOCIATION FOR FISCAL YEAR
2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Contribution to the
International Development Association for fiscal year 2024 may not
exceed $0.
<all>
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118HR2361 | To provide for a limitation on availability of funds for Contribution to the Asian Development Fund for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2361 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2361
To provide for a limitation on availability of funds for Contribution
to the Asian Development Fund for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
to the Asian Development Fund for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
ASIAN DEVELOPMENT FUND FOR FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Contribution to the Asian
Development Fund for fiscal year 2024 may not exceed $0.
<all>
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2362 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2362
To provide for a limitation on availability of funds for Contribution
to the African Development Bank for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
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Notwithstanding any other provision of the law, amounts authorized
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<all>
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118HR2363 | To provide for a limitation on availability of funds for Contribution to the International Fund for Agricultural Development for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2363 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2363
To provide for a limitation on availability of funds for Contribution
to the International Fund for Agricultural Development for fiscal year
2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Contribution
to the International Fund for Agricultural Development for fiscal year
2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR CONTRIBUTION TO THE
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT FOR
FISCAL YEAR 2024.
Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Contribution to the
International Fund for Agricultural Development for fiscal year 2024
may not exceed $30,000,000.
<all>
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118HR2364 | To provide for a limitation on availability of funds for Global Agriculture and Food Security Program for fiscal year 2024. | [
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"R000614... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2364 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2364
To provide for a limitation on availability of funds for Global
Agriculture and Food Security Program for fiscal year 2024.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia,
Mr. Roy, and Mr. Crane) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for a limitation on availability of funds for Global
Agriculture and Food Security Program for fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL AGRICULTURE
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Notwithstanding any other provision of the law, amounts authorized
to be appropriated or otherwise available for Global Agriculture and
Food Security Program for fiscal year 2024 may not exceed $0.
<all>
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118HR2365 | National Plan to End Parkinson’s Act | [
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[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2365 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2365
To direct the Secretary of Health and Human Services to carry out a
national project to prevent and cure Parkinson's, to be known as the
National Parkinson's Project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Bilirakis (for himself, Mr. Tonko, Mrs. Harshbarger, Ms.
Schakowsky, Mr. Fitzpatrick, Ms. Kuster, Mrs. Kim of California, Ms.
Barragan, Mr. Valadao, and Mr. Higgins of New York) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to carry out a
national project to prevent and cure Parkinson's, to be known as the
National Parkinson's Project, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Plan to End Parkinson's
Act''.
SEC. 2. NATIONAL PARKINSON'S PROJECT.
(a) Definition of Parkinson's.--In this section, the term
``Parkinson's'' means--
(1) Parkinson's disease; and
(2) other neurodegenerative Parkinsonisms, including, but
not limited to, multiple system atrophy, Lewy body disease,
corticobasal degeneration, progressive supranuclear palsy, and
Parkinson's-related dementia.
(b) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall carry out a
national project to prevent and cure Parkinson's, ameliorate its
symptoms, and slow or stop its progression, to be known as the National
Parkinson's Project (referred to in this section as the ``Project'').
(c) Activities Carried Out Through Project.--In carrying out the
Project, the Secretary shall--
(1) create, maintain, and periodically update an integrated
national plan to prevent and cure Parkinson's, ameliorate its
symptoms, and slow or stop its progression;
(2) carry out the annual assessment under subsection (d);
(3) provide information (including an estimate of the level
of Federal investment necessary to prevent and cure
Parkinson's, ameliorate its symptoms, and slow or stop its
progression), and coordination of Parkinson's research and
services, across all Federal agencies;
(4) encourage the development of safe and effective
treatments, strategies, and other approaches to prevent, halt,
or slow the course of Parkinson's or to enhance functioning and
improve quality of life;
(5) promote the--
(A) early diagnosis of Parkinson's; and
(B) coordination of the care and treatment of
individuals with Parkinson's;
(6) review the impact of Parkinson's on the physical,
mental, and social health of those living with Parkinson's and
their care partners;
(7) coordinate with international bodies, to the degree
possible, to integrate and inform the global mission to prevent
and cure Parkinson's, ameliorate its symptoms, and slow or stop
its progression; and
(8) carry out other such activities as the Secretary deems
appropriate.
(d) Annual Assessment.--Not later than 24 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
carry out an assessment of the Nation's progress in preparing for and
responding to the escalating burden of Parkinson's, including--
(1) the formulation of recommendations for priority actions
based on the assessment;
(2) a description of the steps that have been or should be
taken to implement the recommendations; and
(3) such other items as the Secretary deems appropriate.
(e) Advisory Council.--
(1) In general.--The Secretary shall establish and maintain
an Advisory Council on Parkinson's Research, Care, and Services
(referred to in this section as the ``Advisory Council'').
(2) Membership.--
(A) Federal members.--The Advisory Council shall be
comprised of diverse and inclusive representatives
from--
(i) the Centers for Disease Control and
Prevention;
(ii) the Administration on Community
Living;
(iii) the Centers for Medicare & Medicaid
Services;
(iv) the Office of the Director of the
National Institutes of Health;
(v) the National Institute of Neurological
Disorders and Stroke;
(vi) the National Institute of
Environmental Health Sciences;
(vii) the Department of Veterans Affairs;
(viii) the Food and Drug Administration;
(ix) the Department of Defense;
(x) the Environmental Protection Agency;
(xi) the Office of Minority Health;
(xii) the Indian Health Service; and
(xiii) other relevant Federal departments
and agencies as determined by the Secretary.
(B) Non-federal members.--In addition to the
members listed in subparagraph (A), the Advisory
Council shall include 10 expert members from outside
the Federal Government, to be appointed by the
Secretary, which members shall include--
(i) 2 Parkinson's patient advocates, at
least 1 of whom is living with young-onset
Parkinson's;
(ii) 1 Parkinson's family caregiver;
(iii) 1 health care provider;
(iv) 2 biomedical researchers with
Parkinson's-related expertise in basic,
translational, clinical, or drug development
science;
(v) 1 movement disorder specialist who
treats Parkinson's patients;
(vi) 1 dementia specialist who treats
Parkinson's patients; and
(vii) 2 representatives from nonprofit
organizations that have demonstrated experience
in Parkinson's research or Parkinson's patient
care and other services.
(3) Meetings.--
(A) Quarterly meetings.--The Advisory Council shall
meet at least once each quarter.
(B) Biannual research meeting.--Not later than 24
months after the date of enactment of this Act, and
every 2 years thereafter, the Advisory Council shall
convene a meeting of Federal and non-Federal
organizations to discuss Parkinson's research.
(C) Open meetings.--The meetings of the Advisory
Council shall be open to the public.
(4) Advice.--The Advisory Council shall advise the
Secretary on Parkinson's-related issues.
(5) Biannual report.--Not later than 18 months after the
date of enactment of this Act, and every 2 years thereafter,
the Advisory Council shall provide to the Secretary and
Congress a report containing--
(A) an evaluation of all federally funded efforts
in Parkinson's research, prevention, clinical care, and
institutional-, home-, and community-based programs and
the outcomes of such efforts;
(B) recommendations for priority actions to expand,
eliminate, coordinate, refocus, or condense Federal
programs based on each program's performance, mission,
and purpose;
(C) recommendations to--
(i) reduce the financial impact of
Parkinson's on--
(I) the Medicare program and other
federally funded programs; and
(II) families living with
Parkinson's;
(ii) improve health outcomes and quality of
life;
(iii) prevent Parkinson's; and
(iv) research the association between
environmental triggers and Parkinson's to help
reduce exposure to potential triggers; and
(D) an evaluation of the implementation, including
outcomes, of the national plan under subsection (c)(1).
(6) Termination.--The Advisory Council shall terminate at
the end of calendar year 2035.
(f) Data Sharing.--Agencies both within the Department of Health
and Human Services and outside of the Department that have data
relating to Parkinson's shall share such data with the Secretary of
Health and Human Services, or the Secretary's designee, consistent with
the statutory obligations regrading disclosure of information for that
department or agency, to enable the Secretary, or the Secretary's
designee, to complete the report described in subsection (g).
(g) Biannual Report.--The Secretary shall submit to the Congress--
(1) a Biannual report that includes an evaluation of all
federally funded efforts in Parkinson's research, prevention,
diagnosis, treatment, clinical care, and institutional-, home-,
and community-based programs and the outcomes of such efforts;
(2) an evaluation of all such programs based on
performance, mission, and purpose;
(3) recommendations for--
(A) priority actions based on the evaluation
conducted by the Secretary and the Advisory Council
to--
(i) reduce the financial impact of
Parkinson's on--
(I) the Medicare program and other
federally funded programs; and
(II) families living with
Parkinson's disease;
(ii) improve health outcomes and quality of
life;
(iii) prevent Parkinson's; and
(iv) research the association between
environmental triggers and Parkinson's to help
reduce exposure to potential triggers;
(B) priority actions to improve all federally
funded efforts in Parkinson's research, prevention,
diagnosis, treatment, clinical care, and institutional-
, home-, and community-based programs; and
(C) implementation steps to address priority
actions described in subparagraphs (A) and (B); and
(4) an up-to-date version of the national plan under
subsection (c)(1).
(h) Sunset.--The section shall cease to be effective at the end of
calendar year 2035.
<all>
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118HR2366 | 90-Day Review Act | [
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"N0001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2366 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2366
To establish a 90-day limit to file a petition for judicial review of a
permit, license, or approval for a highway or public transportation
project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mrs. Boebert (for herself, Mr. Nehls, Mrs. Miller of Illinois, Mr. Fry,
Mr. Norman, Mr. Higgins of Louisiana, and Mr. Gosar) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To establish a 90-day limit to file a petition for judicial review of a
permit, license, or approval for a highway or public transportation
project, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``90-Day Review Act''.
SEC. 2. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States Code, is
amended by striking ``150 days'' each place it appears and inserting
``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days''
and inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150
days'' and inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
<all>
</pre></body></html>
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118HR2367 | Truck Parking Safety Improvement Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2367 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2367
To amend title 23, United States Code, to establish a competitive grant
program for projects for commercial motor vehicle parking, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Bost (for himself, Ms. Craig, Mr. Meuser, Mr. Nehls, Mr. Swalwell,
Ms. Mace, Mr. Stauber, and Mr. Babin) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish a competitive grant
program for projects for commercial motor vehicle parking, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truck Parking Safety Improvement
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that it should be a national priority
to address the shortage of parking for commercial motor vehicles on the
Federal-aid highway system to improve highway safety.
SEC. 3. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 180. Parking for commercial motor vehicles
``(a) Definitions.--In this section:
``(1) Commercial motor vehicle.--The term `commercial motor
vehicle' has the meaning given the term in section 31132 of
title 49.
``(2) Safety rest area.--The term `safety rest area' has
the meaning given the term in section 120(c)(1).
``(b) Grant Authority.--Subject to the availability of funds, the
Secretary shall make grants, on a competitive basis, to eligible
entities for projects to provide public parking for commercial motor
vehicles and improve the safety of commercial motor vehicle drivers.
``(c) Eligible Entities.--
``(1) In general.--An entity eligible to receive a grant
under this section is any of the following:
``(A) A State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking.
``(E) A Tribal government or a consortium of Tribal
governments.
``(F) A multistate or multijurisdictional group of
entities described in subparagraphs (A) through (E).
``(2) Private sector participation.--An eligible entity
that receives a grant under this section may partner with a
private entity to carry out an eligible project under this
section.
``(d) Eligible Projects.--
``(1) In general.--An entity may use a grant provided under
this section for a project described in paragraph (2) that is
on--
``(A) a Federal-aid highway; or
``(B) a facility with reasonable access (as
described in section 658.19 of title 23, Code of
Federal Regulations (or a successor regulation)) to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project referred to in
paragraph (1) is a project--
``(A) to construct a safety rest area that includes
parking for commercial motor vehicles;
``(B) to construct additional commercial motor
vehicle parking capacity--
``(i) adjacent to a private commercial
truck stop or travel plaza;
``(ii) within the boundaries of, or
adjacent to, a publicly owned freight facility,
including a port terminal operated by a public
authority;
``(iii) at an existing facility, including
an inspection or weigh station and a park-and-
ride location; or
``(iv) at another suitable facility, as
determined by the eligible entity, in
concurrence with the Secretary;
``(C) to reopen an existing weigh station, safety
rest area, park-and-ride facility, or other government-
owned facility, that is not in use, for commercial
motor vehicle parking;
``(D) to construct or make capital improvements to
an existing public commercial motor vehicle parking
facility to expand parking use and availability,
including at a seasonal facility;
``(E) to identify, promote, and manage the
availability of publicly and privately provided
commercial motor vehicle parking, such as through the
use of intelligent transportation systems;
``(F) to improve the personal safety of commercial
motor vehicle drivers at a parking facility as part of
a project described in subparagraphs (A) through (D);
or
``(G) to improve a parking facility, including
through truck stop electrification systems, as part of
a project described in subparagraphs (A) through (D).
``(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary determines
to be necessary.
``(f) Selection Criteria.--The Secretary may select a project to
receive a grant under this section only if the Secretary determines
that--
``(1) there is a shortage of commercial motor vehicle
parking capacity in the corridor in which the project is
located;
``(2) the eligible entity has consulted with motor
carriers, commercial motor vehicle drivers, public safety
officials, and private providers of commercial motor vehicle
parking regarding the project;
``(3) the project will likely--
``(A) increase the availability or utilization of
commercial motor vehicle parking;
``(B) facilitate the efficient movement of freight;
or
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) the eligible entity demonstrates the ability to
provide for the maintenance and operation of the facility.
``(g) Additional Consideration.--To the maximum extent practicable,
the Secretary shall select projects to receive grants under the program
in a manner that maximizes the geographic dispersion of new commercial
motor vehicle parking capacity across the United States.
``(h) Use of Funds.--
``(1) In general.--An eligible entity may use a grant under
this section for--
``(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project under this section; and
``(B) construction and operational improvements.
``(2) Limitations.--
``(A) In general.--An eligible entity may use not
more than 25 percent of the amount of a grant under
this section for activities described in paragraph
(1)(A).
``(B) Existing facilities.--
``(i) In general.--Except as provided in
clause (ii), not more than 10 percent of the
amounts made available for each fiscal year for
grants under this section may be used for
projects described in subsection (d)(2)(E) that
solely identify, promote, and manage the
availability of existing commercial motor
vehicle parking.
``(ii) Exception.--Clause (i) shall not
apply to a project described in subsection
(d)(2)(E) that is part of a project to expand
commercial motor vehicle parking capacity.
``(3) Prohibition.--
``(A) In general.--Amounts made available to carry
out this section shall not be used for the
construction, or development phase activities that
would enable the construction, of charging or fueling
infrastructure for the propulsion of a vehicle,
including a commercial motor vehicle.
``(B) Savings provision.--Nothing in this paragraph
limits the use of funds other than funds made available
to carry out this section.
``(i) Requirements.--
``(1) Publicly accessible parking.--Commercial motor
vehicle parking constructed, opened, or improved with funds
from a grant under this section shall be open and accessible to
all commercial motor vehicle drivers.
``(2) Prohibition on charging fees.--
``(A) In general.--No fee may be charged by an
eligible entity to a commercial motor vehicle driver to
gain access to parking constructed, opened, maintained,
or improved with a grant under this section.
``(j) Treatment of Projects.--Notwithstanding any other provision
of law, a project carried out under this section shall be treated as a
project on a Federal-aid highway under this chapter.
``(k) Period of Availability of Funds.--Amounts made available for
projects under this section shall remain available for a period of 3
years after the last day of the fiscal year in which the amounts are
made available.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``180. Parking for commercial motor vehicles.''.
SEC. 4. SURVEY AND COMPARATIVE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, and every 2 years thereafter, the Secretary of
Transportation, in consultation with appropriate State motor carrier
safety personnel, motor carriers, State departments of transportation,
and private providers of commercial motor vehicle parking, shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) evaluates the availability of adequate parking and rest
facilities, taking into account both private and public
facilities, for commercial motor vehicles engaged in interstate
transportation;
(2) evaluates the effectiveness of the projects funded
under section 180 of title 23, United States Code, in improving
access to commercial motor vehicle parking;
(3) evaluates the ability of eligible entities that
received a grant under section 180 of title 23, United States
Code, to sustain the operation of parking facilities
constructed with funds provided under that section; and
(4) reports on the progress being made to provide adequate
commercial motor vehicle parking facilities.
(b) Results.--The Secretary of Transportation shall make the
reports under subsection (a) available to the public on the website of
the Department of Transportation.
(c) Alignment of Reports.--In carrying out this section, the
Secretary of Transportation shall--
(1) consider the results of the commercial motor vehicle
parking facilities assessments of States under subsection (f)
of section 70202 of title 49, United States Code; and
(2) seek to align the contents of the reports under
subsection (a) and the submission and publication of those
reports with the State freight plans developed and updated
under that section.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation for projects for commercial motor vehicle parking under
section 180 of title 23, United States Code--
(1) $175,000,000 for fiscal year 2024;
(2) $260,000,000 for fiscal year 2025; and
(3) $320,000,000 for fiscal year 2026.
<all>
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118HR2368 | Agency Accountability Act of 2023 | [
[
"P000609",
"Rep. Palmer, Gary J. [R-AL-6]",
"sponsor"
]
] | <p><b>Agency Accountability Act of 2023</b></p> <p>This bill requires any agency that receives a fee, fine, penalty, or proceeds from a settlement to deposit the amount in the general fund of the Treasury. The bill also prohibits the funds from being used unless the funding is provided in advance in an appropriations bill. </p> <p>The bill includes exceptions for funds to be paid to a whistle-blower, loan guarantee programs, or insurance programs.</p> <p>The requirements do not apply to the U.S. Postal Service or the U.S. Patent and Trademark Office (PTO). The Department of Commerce and the PTO must report annually to Congress on funds collected by the PTO from a settlement. </p> <p>The bill also requires offsetting receipts and collections to be treated as revenue for the purpose of carrying out the Congressional Budget Act of 1974 and other laws. (Offsetting receipts and collections are funds collected by agencies from other government accounts or from the public in businesslike or market-oriented transactions. Under current law, the collections are treated as negative budget authority and outlays rather than revenue and may be used to offset spending for budget enforcement purposes.) </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2368 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2368
To require the appropriation of funds to use a fee, fine, penalty, or
proceeds from a settlement received by a Federal agency, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Palmer introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committees on the Judiciary, the Budget, and Rules, 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 require the appropriation of funds to use a fee, fine, penalty, or
proceeds from a settlement received by a Federal agency, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agency Accountability Act of 2023''.
SEC. 2. APPROPRIATION OF FUNDS REQUIRED.
(a) In General.--Notwithstanding any other provision of law, and
consistent with subsection (c), an agency that receives a fee, fine,
penalty, or proceeds from a settlement shall deposit such amount in the
general fund of the Treasury.
(b) Use of Amounts Subject to Appropriation.--Any amounts deposited
pursuant to subsection (a) shall only be available to the extent, and
in such amounts, as are provided in advance in appropriation Acts.
(c) Exceptions.--This section shall not apply to any of the
following:
(1) Amounts to be paid to an individual entitled to such
amounts as a whistleblower, including any amounts received as a
percentage of amounts received by the Government pursuant to a
judgment or settlement agreement.
(2) A loan guarantee program.
(3) An insurance program.
(d) USPTO Report to Congress Required.--Not later than March 1 of
each year, the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office shall
submit to Congress a report that describes any fee, fine, penalty, or
proceeds from a settlement collected by the United States Patent and
Trademark Office for the previous fiscal year.
(e) Agency Defined.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code, but does not
include the United States Postal Service or the United States Patent
and Trademark Office.
SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REVENUE.
(a) In General.--The Congressional Budget Act of 1974 (2 U.S.C. 621
et seq.) is amended--
(1) in section 3(2)(A)(iv), by inserting ``except as
provided in section 316,'' before ``offsetting receipts''; and
(2) by adding after section 315 the following:
``treatment of offsetting collections and receipts
``Sec. 316. Notwithstanding any other provision of law, offsetting
receipts and collections shall be treated as revenue for purposes of
carrying out this or any other Act. The preceding sentence shall not
apply to the United States Postal Service or the United States Patent
and Trademark Office.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 315 the
following:
``316. Treatment of offsetting collections and receipts.''.
(c) Application.--The amendments made by this section shall apply
during budget years (as that term is defined in section 250(c)(12) of
the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(12))) beginning one year after the date of the enactment of this
Act.
<all>
</pre></body></html>
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118HR2369 | VALID Act of 2023 | [
[
"B001275",
"Rep. Bucshon, Larry [R-IN-8]",
"sponsor"
],
[
"D000197",
"Rep. DeGette, Diana [D-CO-1]",
"cosponsor"
],
[
"K000398",
"Rep. Kean, Thomas H. [R-NJ-7]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2369 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2369
To amend the Federal Food, Drug, and Cosmetic Act with respect to in
vitro clinical tests, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Bucshon (for himself and Ms. DeGette) introduced the following
bill; which was referred to the Committee on Energy and Commerce, 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 amend the Federal Food, Drug, and Cosmetic Act with respect to in
vitro clinical tests, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Verifying Accurate
Leading-edge IVCT Development Act of 2023'' or the ``VALID Act of
2023''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended--
(1) by adding at the end the following:
``(ss)(1) The term `in vitro clinical test' means an article
specified in subparagraph (2) that is intended to be used in the
collection, preparation, analysis, or in vitro clinical examination of
specimens taken or derived from the human body for the purpose of--
``(A) identifying or diagnosing a disease or condition;
``(B) providing information for diagnosing, screening,
measuring, detecting, predicting, prognosing, analyzing, or
monitoring a disease or condition, including by making a
determination of an individual's state of health; or
``(C) selecting, monitoring, or informing therapy or
treatment for a disease or condition.
``(2) An article specified in this subparagraph is--
``(A) a test kit;
``(B) a test system;
``(C) a test protocol or laboratory test protocol;
``(D) an instrument (as defined in section 587(11));
``(E) a specimen receptacle (as defined in section
587(17));
``(F) software, excluding software that is excluded by
section 520(o) from the definition of a device under section
201(h), that--
``(i) is a component or part of another in vitro
clinical test or analyzes, processes, or interprets a
signal or pattern from another in vitro clinical test;
and
``(ii) does not analyze, process, or interpret a
signal, pattern, or medical image from a device; and
``(G) subject to subparagraph (3), a component or part of a
test kit, a test system, a test protocol or laboratory test
protocol, an instrument, a specimen receptacle, or software
described in subparagraph (F), whether alone or in combination,
including reagents, calibrators, and controls.
``(3) Notwithstanding subparagraph (2)(G), an article intended to
be used as a component or part of an in vitro clinical test described
in subparagraph (1) is excluded from the definition in subparagraph (1)
if the article consists of any of the following:
``(A) Blood, blood components, or human cells or tissues,
from the time of acquisition, donation, or recovery of such
article, including determination of donor eligibility, as
applicable, until such time as the article is released as a
component or part of an in vitro clinical test by the
establishment that collected such article.
``(B) An article used for invasive sampling, a needle, or a
lancet, except to the extent such article, needle, or lancet is
an integral component of an article for holding, storing, or
transporting a specimen.
``(C) General purpose laboratory equipment.'';
(2) by adding at the end of paragraph (g) the following:
``(3) The term `drug' does not include an in vitro clinical
test.''; and
(3) in paragraph (h)(1), in the matter following clause
(C), by striking ``section 520(o)'' and inserting ``section
520(o) or an in vitro clinical test''.
(b) Exclusion From Definition of Biological Product.--Section
351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)) is
amended--
(1) by striking ``(1) The term `biological product' means''
and inserting ``(1)(A) The term `biological product' means'';
and
(2) by adding at the end the following:
``(B) The term `biological product' does not include an in
vitro clinical test as defined in section 201(ss) of the
Federal Food, Drug, and Cosmetic Act.''.
(c) In Vitro Clinical Test Definition.--In this Act, the term ``in
vitro clinical test'' has the meaning given such term in section
201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by
subsection (a).
SEC. 3. REGULATION OF IN VITRO CLINICAL TESTS.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) by amending the heading of chapter V to read as
follows: ``DRUGS, DEVICES, AND IN VITRO CLINICAL TESTS''; and
(2) by adding at the end of chapter V the following:
``Subchapter J--In Vitro Clinical Tests
``SEC. 587. DEFINITIONS.
``In this subchapter:
``(1) Analytical validity.--The term `analytical validity'
means, with respect to an in vitro clinical test, the ability
of the in vitro clinical test, to identify, measure, detect,
calculate, or analyze (or assist in such identification,
measurement, detection, calculation, or analysis of) one or
more analytes, biomarkers, substances, or other targets
intended to be identified, measured, detected, calculated, or
analyzed by the test.
``(2) Applicable standard.--The term `applicable standard',
with respect to an in vitro clinical test, means a reasonable
assurance of analytical and clinical validity for its
indications for use, and a reasonable assurance of safety for
individuals who come into contact with such in vitro clinical
test, except that such term, with respect to specimen
receptacles and test instruments, means a reasonable assurance
of analytical validity for its indications for use and safety
for individuals who come into contact with such specimen
receptacle or test instrument.
``(3) Clinical use.--The term `clinical use' means the
operation, application, or functioning of an in vitro clinical
test for the purpose for which it is intended as described in
section 201(ss)(1).
``(4) Clinical validity.--The term `clinical validity'
means the ability of an in vitro clinical test to achieve the
purpose for which it is intended as described in section
201(ss)(1).
``(5) Component or part.--The term `component or part'
means a substance, piece, part, raw material, software,
firmware, labeling, or assembly, including reagents, that is
intended to be included as an aspect of an in vitro clinical
test described in section 201(ss)(1).
``(6) Develop.--The term `develop', with respect to an in
vitro clinical test, means--
``(A) designing, validating, producing,
manufacturing, remanufacturing, labeling, advertising,
propagating, importing, or assembling an in vitro
clinical test;
``(B) modifying an in vitro clinical test,
including modifying the indications for use of the in
vitro clinical test, or modifying an article to be an
in vitro clinical test; or
``(C) establishing a test system as described or
included in a test protocol developed by another entity
unless such test protocol is listed as an in vitro
clinical test in the comprehensive test information
system established under section 587T by that other
entity.
``(7) Developer.--The term `developer' means a person who
engages in development as described in paragraph (6), except
the term does not include a laboratory that--
``(A) is certified by the Secretary under section
353 of the Public Health Service Act; and
``(B) assembles for use solely within that
laboratory, without otherwise developing, an in vitro
clinical test appropriately listed in the comprehensive
test information system established under section 587T
by a different person.
``(8) First-of-a-kind.--The term `first-of-a-kind', with
respect to an in vitro clinical test, means that such test has
any novel combination of the elements specified in paragraph
(10) that differs from in vitro clinical tests that already are
legally available in the United States, except for such tests
offered under section 587C(a)(3), 587C(a)(4), or 587G.
``(9) High-risk.--The term `high-risk', with respect to an
in vitro clinical test or category of in vitro clinical tests,
means that an undetected inaccurate result from such test, or
such category of tests, when used as intended--
``(A)(i) is reasonably likely to result in serious
or irreversible harm or death to a patient or patients,
or would otherwise cause serious harm to the public
health; or
``(ii) is reasonably likely to result in the
absence, significant delay, or discontinuation of life-
supporting or life-sustaining medical treatment; and
``(B) mitigating measures are not able to be
established and applied to prevent, mitigate, or detect
the inaccurate result, or otherwise sufficiently
mitigate the risk resulting from an undetected
inaccurate result described in subparagraph (A), such
that the test would be moderate-risk or low-risk.
``(10) Indications for use.--The term `indications for
use', with respect to an in vitro clinical test, means the
following elements:
``(A) Substance or substances measured by the in
vitro clinical test, such as an analyte, protein, or
pathogen.
``(B) Test method.
``(C) Test purpose or purposes, as described in
section 201(ss)(1).
``(D) Diseases or conditions for which the in vitro
clinical test is intended for use, including intended
patient populations.
``(E) Context of use, such as in a clinical
laboratory, in a health care facility, prescription
home use, over-the-counter use, or direct-to-consumer
testing.
``(11) Instrument.--
``(A) In general.--The term `instrument' means an
analytical or pre-analytical instrument.
``(B) Analytic instrument.--The term `analytic
instrument' means an in vitro clinical test that is
hardware intended by the developer to be used with one
or more other in vitro clinical tests to generate a
clinical test result, including software used to
effectuate the functionality of the hardware.
``(C) Pre-analytical instrument.--The term `pre-
analytical instrument' means an in vitro clinical test
that is hardware intended by the developer solely to
generate an output for use exclusively with one or more
analytical instruments as defined in subparagraph (B)
and which does not itself generate a clinical test
result. Such term may include software used to
effectuate the hardware's functionality.
``(12) Instrument family.--The term `instrument family'
means more than one instrument developed by the same developer
for which the developer demonstrates and documents, with
respect to all such instruments, that all--
``(A) have the same basic architecture, design, and
performance characteristics;
``(B) have the same indications for use and
capabilities;
``(C) share the same measurement principles,
detection methods, and reaction conditions, as
applicable; and
``(D) produce the same or similar analytical
results from samples of the same specimen type or
types.
``(13) Laboratory operations.--The term `laboratory
operations'--
``(A) means the conduct of a laboratory examination
or other laboratory procedure on materials derived from
the human body, including the conduct of an in vitro
clinical test and associated activities, that is--
``(i) regulated under section 353 of the
Public Health Service Act; and
``(ii) not related to the design,
analytical validation, or clinical validation
of an in vitro clinical test; and
``(B) includes--
``(i) performing pre-analytical and post-
analytical processes for an in vitro clinical
test;
``(ii) standard operating procedures and
the conduct thereof; and
``(iii) preparing reagents or other test
materials that do not meet the criteria for
being an in vitro clinical test for clinical
use.
``(14) Low-risk.--The term `low-risk', with respect to an
in vitro clinical test or category of in vitro clinical tests,
means that an undetected inaccurate result from such in vitro
clinical test, or such category of in vitro clinical tests,
when used as intended--
``(A) would cause only minimal or immediately
reversible harm, and would lead to only a remote risk
of adverse patient impact or adverse public health
impact; or
``(B) sufficient mitigating measures are able to be
established and applied such that the in vitro clinical
test meets the standard described in subparagraph (A).
``(15) Mitigating measures.--The term `mitigating
measures'--
``(A) means controls, standards, and other
requirements that the Secretary determines, based on
evidence, are necessary--
``(i) for an in vitro clinical test, or a
category of in vitro clinical tests, to meet
the applicable standard; or
``(ii) to mitigate the risk of harm ensuing
from an undetected inaccurate result or
misinterpretation of a result; and
``(B) may include, as required by the Secretary, as
appropriate, applicable requirements regarding
labeling, conformance to performance standards and
consensus standards, performance testing, submission of
clinical data, advertising, website posting of
information, clinical studies, postmarket surveillance,
user comprehension studies, training, and confirmatory
laboratory, clinical findings, the history of the
developer, the role of a health professional in the
testing process, such as integration of the testing
laboratory into the direct medical care of the patient,
including direct interaction between the testing
laboratory and treating physician, or testing.
``(16) Moderate-risk.--The term `moderate-risk', with
respect to an in vitro clinical test or category of in vitro
clinical tests--
``(A) means a test or category of tests that is not
high-risk under the criteria under paragraph (9) or
low-risk under the criteria under paragraph (14); and
``(B) may include a test or category of tests that,
when used as intended, meet the criteria specified in
paragraph (9)(A) for high-risk, but for which one or
more mitigating measures are able to be established and
applied to prevent, mitigate, or detect an inaccurate
result or otherwise sufficiently mitigate the risk
resulting from an undetected inaccurate result, but are
not sufficient such that the test is low-risk under the
criteria in paragraph (14).
``(17) Specimen receptacle.--The term `specimen receptacle'
means an in vitro clinical test intended for taking,
collecting, holding, storing, or transporting of specimens
derived from the human body or for preparation, analysis, or in
vitro clinical examination for purposes described in section
201(ss)(1).
``(18) Technology.--The term `technology'--
``(A) means a set of control mechanisms, energy
sources, or operating principles--
``(i) that do not differ significantly
among multiple in vitro clinical tests; and
``(ii) for which design and development
(including analytical and clinical validation,
as applicable) of the tests would be addressed
in a similar manner or through similar
procedures; and
``(B) may include clot detection, colorimetric
(non-immunoassay), electrochemical (non-immunoassay),
enzymatic (non-immunoassay), flow cytometry,
fluorometry (non-immunoassay), immunoassay, mass
spectrometry or chromatography, microbial culture, next
generation sequencing, nephlometric or turbidimetric
(non-immunoassay), singleplex or multiplex non-NGS
nucleic acid analysis, slide-based technology,
spectroscopy, and any other technology, as the
Secretary determines appropriate.
``(19) Test.--The term `test', unless otherwise provided,
means an in vitro clinical test.
``(20) Valid scientific evidence.--The term `valid
scientific evidence'--
``(A) means, with respect to an in vitro clinical
test, evidence that--
``(i) has been generated and evaluated by
persons qualified by training or experience to
do so, using procedures generally accepted by
other persons so qualified; and
``(ii) forms an appropriate basis for
concluding by qualified experts whether the
applicable standard has been met by the in
vitro clinical test; and
``(B) may include evidence described in
subparagraph (A) consisting of--
``(i) peer-reviewed literature;
``(ii) clinical guidelines;
``(iii) reports of significant human
experience with an in vitro clinical test;
``(iv) bench studies;
``(v) case studies or histories;
``(vi) clinical data;
``(vii) consensus standards;
``(viii) reference standards;
``(ix) data registries;
``(x) postmarket data;
``(xi) real world data;
``(xii) clinical trials; and
``(xiii) data collected in countries other
than the United States if such data are
demonstrated to be appropriate for the purpose
of making a regulatory determination under this
subchapter.
``SEC. 587A. REGULATION OF IN VITRO CLINICAL TESTS.
``(a) In General.--No person shall introduce or deliver for
introduction into interstate commerce any in vitro clinical test,
unless--
``(1) an approval of an application filed pursuant to
subsection (a) or (b) of section 587B is effective with respect
to such in vitro clinical test;
``(2) the in vitro clinical test is offered under a
technology certification order under section 587D(b)(1); or
``(3) the test is exempt under sections 587C or 587G from
the requirements of section 587B.
``(b) Transfer or Sale of In Vitro Clinical Tests.--
``(1) Transfer and assumption of regulatory obligations.--
If ownership of an in vitro clinical test is sold or
transferred in such manner that the developer transfers the
regulatory submissions and obligations applicable under this
subchapter with respect to the test, the transferee or
purchaser becomes the developer of the test and shall have all
regulatory obligations applicable to such a test under this
subchapter. The transferee or purchaser shall update the
registration and listing information under section 587J for the
in vitro clinical test.
``(2) Transfer or sale of premarket approval.--
``(A) Notice required.--If a developer of an in
vitro clinical test transfers or sells the approval of
the in vitro clinical test, the transferor or seller
shall--
``(i) submit a notice of the transfer or
sale to the Secretary and update the
registration and listing information under
section 587J for the in vitro clinical test;
and
``(ii) submit a supplement to an
application if required under section 587B(h).
``(B) Effective date of approval transfer.--A
transfer or sale described in subparagraph (A) shall
become effective upon completion of a transfer or sale
described in paragraph (1) or the approval of a
supplement to an application under section 587B(h) if
required, whichever is later. The transferee or
purchaser shall update the registration and listing
information under section 587J for the in vitro
clinical test within 15 calendar days of the effective
date of the transfer or sale.
``(3) Transfer or sale of technology certification.--
``(A) Requirements for transfer or sale of
technology certification.--An unexpired technology
certification can be transferred or sold if the
transferee or purchaser--
``(i) is an eligible person under section
587D(a)(2); and
``(ii) maintains, upon such transfer or
sale, test design and quality requirements,
processes and procedures under the scope of
technology certification, and scope of the
technology certification identified in the
applicable technology certification order.
``(B) Notice required.--If a developer of an in
vitro clinical test transfers or sells a technology
certification order that has not expired, the
transferor or seller shall submit a notice of the
transfer or sale to the Secretary and shall update the
registration and listing information under section 587J
for all in vitro clinical tests covered by the
technology certification.
``(C) Effective date of technology certification
transfer.--The transfer of a technology certification
shall become effective upon completion of a transfer or
sale described in subparagraph (A). The transferee or
purchaser shall update the registration and listing
information under section 587J for the in vitro
clinical test within 30 calendar days of the effective
date of the technology certification transfer.
``(D) New technology certification required.--If
the requirements of subparagraph (A)(ii) are not met,
the technology certification order may not be
transferred and the transferee or purchaser of an in
vitro clinical test is required to submit an
application for technology certification and obtain a
technology certification order prior to offering the
test for clinical use.
``(c) Regulations.--The Secretary may issue regulations to
implement this subchapter.
``SEC. 587B. PREMARKET REVIEW.
``(a) Application.--
``(1) Filing.--Any developer may file with the Secretary an
application for premarket approval of an in vitro clinical test
under this subsection.
``(2) Transparency and predictability.--If a developer
files a premarket application under this section and provides
any additional documentation required under section 587D, the
in vitro clinical test that is the subject of the premarket
application may be utilized as the representative in vitro
clinical test reviewed by the Secretary to support a technology
certification order under section 587D.
``(3) Application content.--An application submitted under
paragraph (1) shall include the following, in such format as
the Secretary specifies:
``(A) General information regarding the in vitro
clinical test, including--
``(i) the name and address of the
applicant;
``(ii) the table of contents for the
application and the identification of the
information the applicant claims as trade
secret or confidential commercial or financial
information;
``(iii) a description of the test's design
and intended use, including the indications for
use; and
``(iv) a description regarding test
function and performance characteristics.
``(B) A summary of the data and information in the
application for the in vitro clinical test, including--
``(i) a brief description of the foreign
and domestic marketing history of the test, if
any, including a list of all countries in which
the test has been marketed and a list of all
countries in which the test has been withdrawn
from the market for any reason related to the
ability of the in vitro clinical test to meet
the applicable standard, if known by the
applicant;
``(ii) a description of benefit and risk
considerations related to the in vitro clinical
test, including a description of any applicable
adverse effects of the test on health and how
such adverse effects have been, or will be,
mitigated;
``(iii) a risk assessment of the test; and
``(iv) a description of how the data and
information in the application constitute valid
scientific evidence and support a showing that
the test meets the applicable standard under
section 587(2).
``(C) The signature of the developer filing the
premarket application or an authorized representative.
``(D) A bibliography of applicable published
reports and a description of any studies conducted,
including any unpublished studies related to such test,
that are known or that should reasonably be known to
the applicant, and a description of data and
information relevant to the evaluation of whether the
test meets the applicable standard.
``(E) Applicable information regarding the methods
used in, and the facilities or controls used for, the
development of the test to demonstrate compliance with
the applicable quality requirements under section 587K.
``(F) Information demonstrating compliance with any
relevant and applicable--
``(i) mitigating measures under section
587E; and
``(ii) standards established or recognized
under section 514 prior to the date of
enactment of the VALID Act of 2023, or, after
applicable standards are established or
recognized under section 587R, with such
standards.
``(G) Valid scientific evidence to support that the
test meets the applicable standard, which shall
include--
``(i) summary information for all
supporting validation studies performed,
including a description of the objective of the
study, a description of the experimental design
of the study, a description of any limitations
of the study, a brief description of how the
data were collected and analyzed, a brief
description of the results of each study, and
conclusions drawn from each study;
``(ii) raw data for each study, which may
include, as applicable, tabulations of data and
results; and
``(iii) for nonclinical laboratory studies
involving the test, if applicable, a statement
that studies were conducted in compliance with
applicable good laboratory practices.
``(H) To the extent the application seeks
authorization to make modifications to the test within
the scope of the approval that are not otherwise
permitted without premarket review under this
subchapter, a proposed change protocol that includes
validation procedures and acceptance criteria for
anticipated modifications that could be made to the
test within the scope of the approval.
``(I) Proposed labeling, in accordance with the
requirements of section 587L.
``(J) Such other data or information as the
Secretary may require in accordance with the least
burdensome requirements under section 587AA(c).
``(4) Regulation for premarket and abbreviated premarket
applications.--Not later than 3 years after the date of
enactment of the VALID Act of 2023, the Secretary shall
promulgate final regulations detailing the information to be
provided in a premarket application and abbreviated premarket
application under this section.
``(5) Refuse to file a premarket or abbreviated premarket
application.--The Secretary may refuse to file an application
under this section only for lack of completeness or legibility
of the application. If, after receipt of an application under
this section, the Secretary refuses to file such an
application, the Secretary shall provide to the developer,
within 45 calendar days of receipt of such application
submitted under this subsection or within 30 calendar days of
receipt of an application submitted under subsection (b), a
description of the reason for such refusal, and identify the
information required, if any, to allow for the filing of the
application.
``(6) Substantive review for deficient application.--If,
after receipt of an application under this section, the
Secretary determines that any portion of such application is
materially deficient, the Secretary shall provide to the
applicant a description of such material deficiencies and the
information required to resolve such deficiencies.
``(7) Inspections.--With respect to an application under
paragraph (1), preapproval inspections authorized by an
employee of the Food and Drug Administration or a person
accredited under section 587Q need not occur unless requested
by the Secretary.
``(b) Abbreviated Premarket Review.--
``(1) In general.--Any developer may file with the
Secretary an application for abbreviated premarket approval
for--
``(A) an instrument;
``(B) a specimen receptacle;
``(C) an in vitro clinical test that is moderate-
risk; or
``(D) an in vitro clinical test that is determined
by the Secretary to be eligible for abbreviated
premarket review under section 587F(a)(1)(B).
``(2) Application content.--An application under paragraph
(1) shall include--
``(A) the information required for applications
submitted under subsection (a)(3), except that
applications under paragraph (1) need not include--
``(i) quality requirement information; or
``(ii) raw data, unless requested in
writing by the Secretary, in accordance with
the least burdensome requirements under section
587AA(c), and with supervisory review and
concurrence prior to issuance of such request;
and
``(B) data, as applicable, to support software
validation, electromagnetic compatibility, and
electrical safety, and information demonstrating
compliance with maintaining quality systems
documentation.
``(3) Safety information.--The developer of an in vitro
clinical test specimen receptacle reviewed under this
subsection shall maintain safety information for such specimen
receptacle.
``(4) Inspections.--With respect to an application under
paragraph (1), preapproval inspections shall not be required
unless requested in writing by the Secretary, after supervisory
review and concurrence, because such inspection is considered
necessary to complete the review.
``(c) Instruments and Instrument Families.--
``(1) In general.--A developer of an instrument family
shall file with the Secretary an application for premarket
approval of one version of an instrument under this subsection.
Any modified versions of the instrument that generate a new
instrument within the same instrument family shall be exempt
from premarket review requirements of this section, provided
that the developer of such instrument or instrument family--
``(A) maintains documentation that the new
instrument is part of the instrument family, as defined
in section 587;
``(B) performs, documents, and maintains a risk
assessment (as described in subsection (a)(3)(B)(iii))
of the new instrument compared to the instrument
approved under subsection (b) and no new risks are
identified;
``(C) performs, documents, and maintains validation
and verification activities for the new instrument;
``(D) makes such documentation available to the
Secretary upon request; and
``(E) registers and lists the new instrument in
accordance with section 587J.
``(2) Test kits and test protocols.--With regard to a test
kit or test protocol that is approved under this section for
use on an approved instrument or an instrument exempt from
premarket review, including an instrument within an instrument
family under this section, a submission under this section
shall not be required for such test kit or test protocol in
order for it to be used on a new instrument within its
instrument family, provided that--
``(A) use of the test kit or test protocol with the
new instrument does not--
``(i) change the claims for the test kit or
test protocol, except as applicable, claims
regarding an instrument or instruments that can
be used with such test kit or test protocol;
``(ii) adversely affect performance of the
test kit or test protocol; or
``(iii) cause the test kit or test protocol
to no longer conform with performance standards
required under section 587R or comply with any
applicable mitigating measures under section
587E, conditions of approval under subsection
(e)(2)(B), or restrictions under section 587O;
``(B) the test developer does not identify any new
risks for the test kit or test protocol when using the
new instrument after conducting a risk assessment;
``(C) the test developer validates the use of the
new instrument with the test kit or test protocol and
maintains validation documentation;
``(D) the test kit or test protocol is not intended
for use--
``(i) in settings for which a certificate
of waiver is in effect under section 353 of the
Public Health Service Act;
``(ii) without a prescription;
``(iii) at home; or
``(iv) in testing donors, donations, and
recipients of blood, blood components, human
cells, tissues, cellular-based products, or
tissue-based products;
``(E) the test developer makes the documentation
described under subparagraph (C) available to the
Secretary upon request; and
``(F) the test developer updates the listing
information for the test kit or test protocol, as
applicable.
``(d) Amendments to an Application.--An applicant shall amend an
application submitted under subsection (a), (b), or (f) if the
applicant becomes aware of information that could reasonably affect an
evaluation under subsection (e) of whether the approval standard has
been met.
``(e) Action on an Application for Premarket Approval.--
``(1) Review.--
``(A) Disposition.--As promptly as possible, but
not later than 90 calendar days after an application
under subsection (a) is accepted for submission (unless
the Secretary determines that an extension is necessary
to review one or more major amendments to the
application), or not later than 60 calendar days after
an application under subsection (b) is accepted for
submission or a supplemental application under
subsection (f) is accepted for submission, the
Secretary, after considering any applicable report and
recommendations pursuant to advisory committees under
section 587H, shall issue an order approving the
application, unless the Secretary finds that the
grounds for approval in paragraph (2) are not met.
``(B) Reliance on proposed labeling.--In
determining whether to approve or deny an application
under paragraph (1), the Secretary shall rely on the
indications for use included in the proposed labeling,
provided that such labeling is not false or misleading
based on a fair evaluation of all material facts.
``(2) Approval of an application.--
``(A) In general.--The Secretary shall approve an
application submitted under subsection (a) or (b) with
respect to an in vitro clinical test if the Secretary
finds that the applicable standard is met, and--
``(i) the applicant is in compliance with
applicable quality requirements in section
587K;
``(ii) the application does not contain a
false statement or misrepresentation of
material fact;
``(iii) based on a fair evaluation of all
material facts, the proposed labeling is
truthful and non-misleading and complies with
the requirements of section 587L;
``(iv) the applicant permits, if requested,
authorized employees of the Food and Drug
Administration and persons accredited under
section 587Q an opportunity to inspect pursuant
to section 704;
``(v) the test conforms with any applicable
performance standards required under section
587R and any applicable mitigating measures
under section 587E;
``(vi) all nonclinical laboratory studies
and clinical investigations involving human
subjects that are described in the application
were conducted in a manner that meets the
applicable requirements of this subchapter; and
``(vii) other data and information the
Secretary may require under subsection
(a)(3)(J) support approval.
``(B) Conditions of approval.--An order approving
an application pursuant to this section may require
reasonable conditions of approval for the in vitro
clinical test, which may include conformance with
applicable mitigating measures under section 587E,
restrictions under section 587O, and performance
standards under section 587R.
``(C) Publication.--The Secretary shall publish an
order for each application approved pursuant to this
paragraph on the public website of the Food and Drug
Administration and make publicly available a summary of
the data used to approve such application. In making
the order and summary publicly available, the Secretary
shall not disclose any information that--
``(i) is confidential commercial
information or trade secret information subject
to section 552(b)(4) of title 5, United States
Code, or section 1905 of title 18, United
States Code; or
``(ii) could compromise national security.
``(3) Review of denials.--An applicant whose application
submitted under this section has been denied approval under
this subsection may, by petition filed not more than 60
calendar days after the date on which the applicant receives
notice of such denial, obtain review of the denial in
accordance with section 587P.
``(f) Supplements to an Approved Application.--
``(1) Risk analysis.--Prior to implementing any
modification to an in vitro clinical test, the holder of the
application approved under subsection (e) for such test shall
perform risk analyses in accordance with this subsection,
unless such modification is included in the change protocol
submitted by the applicant and approved under this section or
exempt under section 587C.
``(2) Supplement requirement.--
``(A) In general.--If the holder of an application
of an approved in vitro clinical test makes a
modification to such in vitro clinical test, except as
provided in subparagraph (C), or otherwise specified by
the Secretary, the holder of the application approved
under subsection (e) for an in vitro clinical test
shall submit a supplemental application to the
Secretary. The holder of the application may not
implement such modification to the in vitro clinical
test until such supplemental application is approved.
The information required in a supplemental application
is limited to what is needed to support the change.
``(B) Change protocols.--The holder of an approved
application may submit under this paragraph a
supplemental application to modify the change protocol
for a test or to request a change protocol for a test.
``(C) Exceptions.--Notwithstanding subparagraphs
(A) and (B), and so long as the holder of an approved
application submitted under subsection (a) or (b) for
an in vitro clinical test does not add a manufacturing
site, or change activities at an existing manufacturing
site, with respect to the test, the holder of an
approved application may, without submission of a
supplemental application, implement the following
modifications to the test:
``(i) Modifications in accordance with an
approved change protocol under subsection
(a)(3)(H).
``(ii) Modifications that are exempt under
section 587C(a)(6).
``(iii) Labeling changes that are
appropriate to address a safety concern, except
such labeling changes that include any of the
following remain subject to subparagraph (A):
``(I) A change to the indications
for use of the test.
``(II) A change to the performance
claims made with respect to the test.
``(III) A change that adversely
affects performance of the test.
``(D) Reporting for certain modifications made
pursuant to a change protocol.--The holder of an
application approved under subsection (e), with an
approved change protocol under subsection (a)(2)(H) for
such in vitro clinical test shall--
``(i) report any modification to such test
made pursuant to such change protocol approved
under subsection (a)(3)(H) in a submission
under section 587J(c)(2)(B); and
``(ii) include in such report--
``(I) a description of the
modification;
``(II) the rationale for
implementing such modification; and
``(III) as applicable, a summary of
the evidence supporting that the test,
as modified, meets the applicable
standard, complies with performance
standards required under section 587Q,
and complies with any mitigating
measures established under section 587E
and any restrictions under section
587O.
``(E) Reporting for certain safety related labeling
changes.--The holder of the application for an in vitro
clinical test approved under subsection (e) shall--
``(i) report to the Secretary any
modification to the test described in
subparagraph (C)(iii) not more than 30 days
after the date on which the test, with the
modification, is introduced into interstate
commerce; and
``(ii) include in the report--
``(I) a description of the change
or changes;
``(II) the rationale for
implementing such change or changes;
and
``(III) a description of how the
change or changes were evaluated.
``(3) Contents of supplement.--Unless otherwise specified
by the Secretary, a supplement under this subsection shall
include--
``(A) for modifications other than manufacturing
site changes requiring a supplement--
``(i) a description of the modification;
``(ii) data relevant to the modification to
demonstrate that the applicable standard is
met, not to exceed data requirements for the
original submission;
``(iii) acceptance criteria; and
``(iv) any revised labeling; and
``(B) for manufacturing site changes--
``(i) the information listed in
subparagraph (A); and
``(ii) information regarding the methods
used in, or the facilities or controls used
for, the development of the test to demonstrate
compliance with the applicable quality
requirements under section 587K.
``(4) Additional data.--The Secretary may require, when
necessary, data to evaluate a modification to an in vitro
clinical test that is in addition to the data otherwise
required under the preceding paragraphs if the data request is
in accordance with the least burdensome requirements under
section 587AA(c).
``(5) Conditions of approval.--In an order approving a
supplement under this subsection, the Secretary may require
conditions of approval for the in vitro clinical test,
including compliance with restrictions under section 587O and
conformance to performance standards under section 587R.
``(6) Approval.--The Secretary shall approve a supplement
under this subsection if--
``(A) the data demonstrate that the modified in
vitro clinical test meets the applicable standard; and
``(B) the holder of the application approved under
subsection (e) for the test has demonstrated compliance
with applicable quality and inspection requirements, as
applicable and appropriate.
``(7) Publication.--The Secretary shall publish on the
public website of the Food and Drug Administration notice of
any order approving a supplement under this subsection provided
that doing so does not disclose any information that--
``(A) is trade secret or confidential commercial or
financial information; or
``(B) could compromise national security.
``(8) Review of denial.--An applicant whose supplement
under this subsection has been denied approval may, by petition
filed on or before the 60th calendar day after the date upon
which the applicant receives notice of such denial, obtain
review of the denial in accordance with section 587P.
``(g) Withdrawal and Temporary Suspension of Approval.--
``(1) Order withdrawing approval.--
``(A) In general.--The Secretary may, after
providing due notice and an opportunity for an informal
hearing to the holder of an approved application for an
in vitro clinical test under this section, issue an
order withdrawing approval of the application if the
Secretary finds that--
``(i) the grounds for approval under
subsection (e) are no longer met;
``(ii) there is a reasonable likelihood
that the test would cause death or serious
adverse health consequences, including by
causing the absence, significant delay, or
discontinuation of life-saving or life
sustaining medical treatment;
``(iii) the holder of the approved
application--
``(I) has failed to, or repeatedly
or deliberately failed to, maintain
records to make reports, as required
under section 587M;
``(II) has refused to permit access
to, or copying or verification of such
records, as required under section 704;
``(III) has not complied with the
requirements of section 587K; or
``(IV) has not complied with any
mitigating measure required under
section 587E or restriction under
section 587O; or
``(iv) the labeling of such in vitro
clinical test, based on a fair evaluation of
all material facts, is false or misleading in
any particular and was not corrected within a
reasonable time after receipt of written notice
from the Secretary of such fact.
``(B) Content.--An order under subparagraph (A)
withdrawing approval of an application shall state each
ground for withdrawal and shall notify the holder of
such application 60 calendar days prior to issuing such
order.
``(C) Publication.--The Secretary shall publish any
order under subparagraph (A) on the public website of
the Food and Drug Administration provided that doing so
does not disclose--
``(i) any information that is trade secret
or confidential commercial or financial
information; or
``(ii) any other information that the
Secretary determines, if published, could
compromise national security.
``(2) Order of temporary suspension.--If, after providing
due notice and an opportunity for an informal hearing to the
holder of an approved application for an in vitro clinical test
under this section, the Secretary determines, based on
scientific evidence, that there is a reasonable likelihood that
the in vitro clinical test would cause death or serious adverse
health consequences, such as by causing the absence,
significant delay, or discontinuation of life-saving or life-
sustaining medical treatment, the Secretary shall, by order,
temporarily suspend the approval of the application. If the
Secretary issues such an order, the Secretary shall proceed
expeditiously under paragraph (1) to withdraw approval of such
application.
``(3) Appeal withdrawing approval and orders of temporary
suspensions.--An order of withdrawal or an order of temporary
suspension may be appealed under 587P.
``SEC. 587C. EXEMPTIONS.
``(a) In General.--The following in vitro clinical tests are exempt
from premarket review under section 587B, and may be lawfully offered
subject to other applicable requirements of this Act:
``(1) Tests exempt from section 510(k).--
``(A) Exemption.--An in vitro clinical test is
exempt from premarket review under section 587B and may
be lawfully offered subject to the other applicable
requirements of this Act, if the developer of the in
vitro clinical test--
``(i) maintains documentation demonstrating
that the test meets and continues to meet the
criteria set forth in subparagraph (B); and
``(ii) makes such documentation available
to the Secretary upon request.
``(B) Criteria for exemption.--An in vitro clinical
test is exempt as specified in subparagraph (A) if such
test--
``(i)(I)(aa) was offered for clinical use
prior to the date of enactment of the VALID Act
of 2023; and
``(bb) immediately prior to such date of
enactment was exempt pursuant to subsection (l)
or (m)(2) of section 510 from the requirements
for submission of a report under section
510(k); or
``(II)(aa) was not offered for clinical use
prior to such date of enactment;
``(bb) is not an instrument; and
``(cc) falls within a category of tests
that was exempt from the requirements for
submission of a report under section 510(k) as
of such date of enactment (including class II
devices and excluding class I devices described
in section 510(l));
``(ii) meets the applicable standard as
described in section 587(2);
``(iii) is not offered with labeling and
advertising that is false or misleading; and
``(iv) is not likely to cause or contribute
to serious adverse health consequences.
``(C) Effect on special controls.--For any in vitro
clinical test, or category of in vitro clinical tests,
that is exempt from premarket review based on the
criteria in subparagraph (B), any special control that
applied to a device within a predecessor category
immediately prior to the date of enactment of the VALID
Act of 2023 shall be deemed a mitigating measure
applicable under section 587E to an in vitro clinical
test within the successor category, except to the
extent such mitigating measure is withdrawn or changed
in accordance with section 587E.
``(D) Near-patient testing.--Not later than 1 year
after the date of enactment of the VALID Act of 2023,
the Secretary shall issue draft guidance indicating
categories of tests that shall be exempt from premarket
review under section 587B when offered for near-patient
testing (point of care), which were not exempt from
submission of a report under section 510(k) pursuant to
subsection (l) or (m)(2) of section 510 and regulations
imposing limitations on exemption for in vitro devices
intended for near-patient testing (point of care).
``(2) Low-risk tests.--
``(A) Exemption.--An in vitro clinical test is
exempt from premarket review under section 587B and may
be lawfully offered subject to the other applicable
requirements of this Act, including section 587J(b), if
such test meets the definition of low-risk under
section 587 and if the developer of the test--
``(i) maintains documentation demonstrating
that the in vitro clinical test meets and
continues to meet the criteria set forth in
subparagraph (B); and
``(ii) makes such documentation available
to the Secretary upon request.
``(B) Criteria for exemption.--An in vitro clinical
test is exempt as specified in subparagraph (A) if--
``(i) the in vitro clinical test meets the
applicable standard as described in 587(2);
``(ii) the labeling and advertising are not
false or misleading;
``(iii) the in vitro clinical test is not
likely to cause or contribute to serious
adverse health consequences; and
``(iv) the in vitro clinical test falls
within a category of tests listed as described
in subparagraph (C).
``(C) List of low-risk tests.--
``(i) In general.--The Secretary shall
maintain, and make publicly available on the
website of the Food and Drug Administration, a
list of in vitro clinical tests, and categories
of in vitro clinical tests, that are low-risk
in vitro clinical tests for purposes of the
exemption under this paragraph.
``(ii) Inclusion.--The list under clause
(i) shall consist of--
``(I) all in vitro clinical tests
and categories of in vitro clinical
tests that are exempt from premarket
review pursuant to paragraph (1) or
this paragraph; and
``(II) all in vitro clinical tests
and categories of in vitro clinical
tests that are designated by the
Secretary pursuant to subparagraph (D)
as low-risk for purposes of this
paragraph.
``(D) Designation of tests and categories.--Without
regard to subchapter II of chapter 5 of title 5, United
States Code, the Secretary may designate, in addition
to the tests and categories described in subparagraph
(C)(i), additional in vitro clinical tests, and
categories of in vitro clinical tests, as low-risk in
vitro clinical tests for purposes of the exemption
under this paragraph. The Secretary may make such a
designation on the Secretary's own initiative or in
response to a request by a developer pursuant to
subsection (a) or (b) of section 587F. In making such a
designation for a test or category of tests, the
Secretary shall consider--
``(i) whether the test, or category of
tests, is low-risk;
``(ii) the existence of and ability to
develop mitigating measures sufficient for such
test category to meet the low-risk standard;
and
``(iii) such other factors as the Secretary
determines to be appropriate for the protection
of the public health.
``(3) Humanitarian test exemption.--
``(A) In general.--An in vitro clinical test that
meets the criteria under subparagraph (B) is exempt
from premarket review under section 587B and may be
lawfully offered subject to the other applicable
requirements of this subchapter, if the developer of
the test--
``(i) maintains documentation (which may
include literature citations in specialized
medical journals, textbooks, specialized
medical society proceedings, and governmental
statistics publications, or, if no such studies
or literature citations exist, credible
conclusions from appropriate research or
surveys) demonstrating that such test meets and
continues to meet the criteria described in
this subsection; and
``(ii) makes such documentation available
to the Secretary upon request.
``(B) Criteria for exemption.--An in vitro clinical
test is exempt as described in subparagraph (A) if--
``(i) the in vitro clinical test is
intended by the developer for use for a
diagnostic purpose for--
``(I) a noncontagious disease or
condition that affects not more than
10,000 (or such other higher number
determined by the Secretary)
individuals in the United States per
year; or
``(II) a contagious disease or
condition that affects not more than
1,500 individuals in the United States
per year;
``(ii) the in vitro clinical test meets the
applicable standard described in section
587(2);
``(iii) the labeling and advertising for
the in vitro clinical test are not false or
misleading;
``(iv) the in vitro clinical test is not
likely to cause or contribute to serious
adverse health consequences; and
``(v) the in vitro clinical test is not
intended for screening.
``(C) Exception for certain tests.--An in vitro
clinical test intended to inform the use of a specific
individual or specific type of biological product,
drug, or device shall be eligible for an exemption from
premarket review under this subsection only if, the
developer submits a request under section 587F(e) for
informal feedback and the Secretary determines that
such in vitro clinical test is eligible for an
exemption from premarket review under this subsection.
``(4) Custom tests and low-volume tests.--An in vitro
clinical test is exempt from premarket review under section
587B, quality requirements under section 587K, and listing
requirements under section 587J, and may be lawfully offered
subject to the other applicable requirements of this Act, if--
``(A) such in vitro clinical test--
``(i) is a test protocol performed for not
more than 5 patients per year (or such other
higher number determined by the Secretary), in
a laboratory certified by the Secretary under
section 353 of the Public Health Service Act
that--
``(I) meets the requirements to
perform tests of high-complexity in
which the test protocol was developed;
or
``(II) meets the requirements to
perform tests of high-complexity within
the same corporate organization and
having common ownership by the same
parent corporation as the laboratory in
which such test protocol was developed;
or
``(ii) is an in vitro clinical test
developed to diagnose a unique pathology or
physical condition of a specific patient or
patients (including an in vitro clinical test
modified for such purpose), upon the
prescription or order of a health care
practitioner licensed to prescribe or order
such test, or a health care professional or
other specially qualified person designated
under regulations to prescribe or order such
test, for which no other in vitro clinical test
is commercially available in the United States,
and is--
``(I) not intended for use with
respect to more than 5 (or such other
higher number determined by the
Secretary) other patients; and
``(II) not included in any test
menu or template test report or other
promotional materials, and is not
otherwise advertised; and
``(B) the developer of the in vitro clinical test--
``(i) maintains documentation demonstrating
that such test meets the applicable criteria
described in subparagraph (A);
``(ii) makes such documentation, such as a
prescription order requesting the custom test
for an individual patient, available to the
Secretary upon request; and
``(iii) informs the Secretary, on an annual
basis, in a manner prescribed by the Secretary
by guidance, that such test was offered.
``(5) In vitro clinical tests under a technology
certification order.--An in vitro clinical test that is within
the scope of a technology certification order under section
587D is exempt from premarket review under section 587B.
``(6) Modified tests.--
``(A) In general.--An in vitro clinical test that
is modified is exempt from premarket review under
section 587B if--
``(i) the modification is made by--
``(I) the developer that obtained
premarket approval for the unmodified
version of the test under section 587B;
or
``(II) a clinical laboratory
certified by the Secretary under
section 353 of the Public Health
Service Act that meets the requirements
for performing high complexity testing,
to a lawfully offered in vitro clinical
test, including another developer's
lawfully offered in vitro clinical
test, excluding investigational in
vitro clinical tests offered under
section 587S, and the modified test is
performed--
``(aa) in the same clinical
laboratory in which it was
developed for which a
certification is still in
effect under section 353 that
meets the requirements to
perform tests of high
complexity;
``(bb) by another clinical
laboratory for which a
certificate is in effect under
section 353 that meets the
requirements to perform tests
of high complexity, is within
the same corporate
organization, and has common
ownership by the same parent
corporation as the laboratory
in which the test was
developed; or
``(cc) by a clinical
laboratory for which a
certificate is in effect under
section 353 that meets the
requirements to perform tests
of high complexity and is
within a public health
laboratory network coordinated
or managed by the Centers for
Disease Control and Prevention,
if the test was developed by
the Centers for Disease Control
and Prevention or another
laboratory within such public
health laboratory network;
``(ii) the modification does not--
``(I) constitute a significant
change to the indications for use,
except for changes to a specimen type,
as specified in the guidance issued
under subparagraph (E);
``(II) cause the test to no longer
comply with applicable mitigating
measures under section 587E or
restrictions under section 587O;
``(III) significantly change
performance claims or significantly and
adversely change performance, unless
provided for under an approved change
protocol under section 587B(a)(3)(H);
or
``(IV) constitute an adverse change
in the safety of the in vitro clinical
test for individuals who come in
contact with the in vitro clinical
test;
``(iii) the test meets the applicable
standard as described in section 587(2);
``(iv) the labeling and advertising are not
false or misleading; and
``(v) the test is not likely to cause or
contribute to serious adverse health
consequences.
``(B) Certain modifications.--A modification to
extend specimen stability is exempt from premarket
review under section 587B if the modified test meets
the requirements in clauses (ii) through (v) of
subparagraph (A).
``(C) Modifications under a change protocol.--
Notwithstanding subparagraph (A), a modification made
under a change protocol pursuant to subsection
(a)(2)(H) of section 587B is exempt from review under
such section.
``(D) Documentation.--A person who modifies an in
vitro clinical test in a manner that is a modification
described in this paragraph shall--
``(i) document the modification that was
made and the basis for determining that the
modification, considering the changes
individually and collectively, is a type of
modification described in subparagraph (A),
(B), or (C); and
``(ii) provide such documentation to the
Secretary upon request or inspection.
``(E) Guidance.--Not later than 30 months after the
date of enactment of the VALID Act of 2023, the
Secretary shall issue guidance regarding the in vitro
clinical tests that are modified and exempt from
premarket review under section 587B pursuant to this
paragraph. Such guidance shall include considerations
for changes to a specimen type that may be made by a
developer without the requirement of premarket review
under 587B.
``(b) Manual Tests.--
``(1) Exemption.--An in vitro clinical test is exempt from
all requirements of this subchapter if the output of such in
vitro clinical test is the result of direct, manual
observation, without the use of automated instrumentation or
software for intermediate or final interpretation, by a
qualified laboratory professional, and such in vitro clinical
test--
``(A) is developed and used within a single
clinical laboratory for which a certificate is in
effect under section 353 of the Public Health Service
Act that meets the requirements under section 353 for
performing high-complexity testing;
``(B) is not a specimen receptacle, instrument, or
an in vitro clinical test that includes an instrument
or specimen receptacle that is not approved under or
exempt from section 587B;
``(C) is not a high-risk test, or is a high-risk
test that the Secretary has determined meets at least
one condition in paragraph (2) and is otherwise
appropriate for this exemption; and
``(D) is not intended for testing donors,
donations, or recipients of blood, blood components,
human cells, tissues, cellular-based products, or
tissue-based products.
``(2) High-risk test limitation or condition.--A high-risk
test may be exempt under paragraph (1) from the requirements of
this subchapter only if--
``(A) no components or parts of such test,
including any reagent, is introduced into interstate
commerce under the exemption under subsection (e), and
any article for taking or deriving specimens from the
human body used in conjunction with the test remains
subject to the requirements of this subchapter; or
``(B) the test has been developed in accordance
with the applicable test design and quality
requirements under section 587K.
``(c) Public Health Surveillance Activities.--
``(1) In general.--The provisions of this subchapter shall
not apply to a test intended by the developer to be used solely
for public health surveillance activities.
``(2) Exclusion.--An in vitro clinical test used for public
health surveillance activities is not excluded from the
provisions of this subchapter pursuant to this subsection if
such test is intended for use in making clinical decisions for
individual patients.
``(d) General Laboratory Equipment.--As set forth in section
201(ss)(3)(C), general purposes laboratory equipment is not an in vitro
clinical tests and is not subject to the requirements of this
subchapter.
``(e) Components and Parts.--
``(1) In general.--Subject to paragraph (2), a component or
part described in section 201(ss)(2)(G) is--
``(A) exempt from the requirements of this
subchapter if it is intended for further development as
described in paragraph (3); or
``(B) subject to the requirements of this
subchapter and regulated based on its risk when used as
intended by the developer, notwithstanding its
subsequent use by a developer as a component, part, or
raw material of another in vitro clinical test.
``(2) Inapplicability to other tests.--Notwithstanding
paragraph (1), an in vitro clinical test that is described in
section 201(ss)(1)(B) and that uses a component or part
described in such subparagraph shall be subject to the
requirements of this subchapter, unless the test is otherwise
exempt under this section.
``(3) Further development.--A component, part, or raw
material (as described in paragraph (1)) is intended for
further development (for purposes of such paragraph) if--
``(A) it is intended solely for use in the
development of another in vitro clinical test; and
``(B) in the case of such a test that is introduced
or delivered for introduction into interstate commerce
after the date of enactment of the VALID Act of 2023,
the labeling of such test bears the following
statement: `This product is intended solely for further
development of an in vitro clinical test and is exempt
from FDA regulation. This product must be evaluated by
the in vitro clinical test developer if it is used with
or in the development of an in vitro clinical test.'.
``(f) General Exemption Authority.--The Secretary may, by order
published in the Federal Register following notice and an opportunity
for comment, exempt a class of persons from any section under this
subchapter upon a finding that such exemption is appropriate for the
protection of the public health and other relevant considerations.
``(g) Other Exemptions.--An in vitro clinical test that is intended
solely for use in forensic analysis or law enforcement activity is
exempt from the requirements of this subchapter. An in vitro clinical
test that is intended for use in making clinical decisions for
individual patients, or whose individually identifiable results may be
reported back to an individual patient or the patient's health care
provider, even if also intended for forensic analysis or law
enforcement purposes, is not intended solely for forensic analysis or
law enforcement for purposes of this subsection.
``(h) Revocation.--
``(1) In general.--The Secretary may revoke any exemption
under this section with respect to in vitro clinical tests with
the same indications for use if new clinical information
indicates that the exemption of an in vitro clinical test or
tests from premarket review under section 587B has a reasonable
probability of severe adverse health consequences, including
the absence, delay, or discontinuation of appropriate medical
treatment.
``(2) Process.--Any action under paragraph (1) shall be
made by publication of a notice of such proposed action on the
website of the Food and Drug Administration, the consideration
of comments to a public docket on such proposal, and
publication of a final action on such website within 60
calendar days of the close of the comment period posted to such
public docket, notwithstanding subchapter II of chapter 5 of
title 5, United States Code.
``(i) Pre-Analytical Instrument.--A pre-analytical instrument is
exempt from premarket review under section 587B and may be lawfully
offered subject to the other applicable requirements of this Act, if
either of the following applies:
``(1) Such instrument provides additional information
regarding the sample or performs an action on the sample but is
not preparing or processing the sample and does not perform any
function of an analytical instrument. Such types of pre-
analytical instruments include barcode readers, sample movers,
and sample identifiers.
``(2) Such instrument processes or prepares the sample
prior to use on an analytical instrument, does not perform any
function of an analytical instrument, and does not select,
isolate, or prepare a part of a sample based on specific
properties. Such types of pre-analytical instruments may
include sample mixers, DNA extractors and those used to dilute
samples.
``SEC. 587D. TECHNOLOGY CERTIFICATION.
``(a) Definitions.--In this section:
``(1) Eligible in vitro clinical test.--The term `eligible
in vitro clinical test' means an in vitro clinical test that is
not--
``(A) a component or part of an in vitro clinical
test as described in section 201(ss)(2)(G) unless it is
a component or part and is regulated based on its own
risk under section 587C(e)(1)(B) or as part of an
otherwise eligible in vitro clinical test;
``(B) an instrument under section 201(ss)(2)(D) or
an in vitro clinical test that includes an instrument
that is subject to section 587B, but is not approved
under, or exempt from, section 587B;
``(C) a specimen receptacle under section
201(ss)(2)(E) or an in vitro clinical test that
includes a specimen receptacle that is subject to
section 587B, but is not approved under, or exempt
from, section 587B;
``(D) an in vitro clinical test, including reagents
used in such tests, intended for use for testing
donors, donations, and recipients of blood, blood
components, human cells, tissues, cellular-based
products, or tissue-based products;
``(E) high-risk;
``(F) a combination product, unless such test has
been determined to be eligible to be introduced into
interstate commerce under a technology certification
order pursuant to the regulatory pathway designation
process described in section 587F, or as described in
subsection (k), and the drug or biological product
constituent part complies with the requirements of
section 503(g) applicable to the drug or biological
product; or
``(G) a first-of-a-kind in vitro clinical test,
unless such test has been determined to be eligible to
be introduced into interstate commerce under a
technology certification order pursuant to the
regulatory pathway designation process described in
section 587F, or as described in subsection (k).
``(2) Eligible person.--The term `eligible person' means an
in vitro clinical test developer unless such developer--
``(A) is a laboratory subject to section 353 of the
Public Health Service Act and does not have in effect a
certificate applicable to the category of laboratory
examination or other procedure;
``(B) was a laboratory, or an owner or operator or
any employee of a laboratory, found to have committed a
significant violation of section 353 of the Public
Health Service Act that resulted in a suspended,
revoked, or limited certificate within the 2-year
period preceding the date of the submission of the
application for a technology certificate under
subsection (c) and such violation has not been
resolved; or
``(C) has been found to have submitted information
to the Secretary, or otherwise disseminated
information, that--
``(i) made false or misleading statements
relevant to the requirements of this
subchapter; or
``(ii) violated any requirement of this
Act, where such violation exposed individuals
to serious risk of illness, injury, or death,
unless--
``(I) such violation has been
resolved; or
``(II) such violation is not
pertinent to any in vitro clinical test
within the scope of the technology
certification that such developer
seeks.
``(b) Applicability.--
``(1) In general.--An in vitro clinical test is not subject
to section 587B and may be introduced into interstate commerce
if the in vitro clinical test--
``(A) is an eligible in vitro clinical test;
``(B) is developed by an eligible person;
``(C) falls within the scope of a technology
certification order issued under this section and that
is in effect;
``(D) complies with the conditions of the
technology certification order, including with
applicable mitigating measures under section 587E,
restrictions under section 587O, and performance
standards under section 587R; and
``(E) meets the applicable standard described in
section 587(2).
``(2) Scope.--
``(A) In general.--Subject to subparagraph (B), the
scope of a technology certification order issued under
this section shall apply to one or more technologies
with multiple in vitro clinical tests utilizing a
technology that does not significantly differ in
control mechanisms, energy sources, or operating
principles and for which development, including design,
and analytical and clinical validation, of the in vitro
clinical tests would be addressed through similar
procedures, and be no broader than--
``(i) a single technology type; or
``(ii) a fixed combination of technologies.
``(B) Technology type.--A technology type described
in this paragraph may include clot detection,
colorimetric (non-immunoassay), electrochemical (non-
immunoassay), enzymatic (non-immunoassay), flow
cytometry, fluorometry (non-immunoassay), immunoassay,
mass spectrometry or chromatography, microbial culture,
next generation sequencing, nephlometric or
turbidimetric (non-immunoassay), singleplex or
multiplex non-NGS nucleic acid analysis, slide-based
technology, spectroscopy, and any other technology, as
the Secretary determines appropriate.
``(c) Application for Technology Certification.--
``(1) In general.--A developer seeking a technology
certification order shall submit an application under this
subsection, which shall contain the information specified under
paragraph (2).
``(2) Content of application.--A developer that submits an
application for a technology certification shall include all
necessary information to make a showing that all eligible in
vitro clinical tests developed within the scope of the
technology certification order will meet the applicable
standard, including--
``(A) the name and address of the developer;
``(B) a table of contents for the application and
the identification of the information the developer
claims as trade secret or confidential commercial or
financial information;
``(C) the signature of the individual filing the
application or an authorized representative;
``(D) a statement identifying the scope of the
proposed technology certification intended to be
introduced into interstate commerce under the
application;
``(E) information establishing that the developer
submitting the application is an eligible person;
``(F) quality procedures showing that eligible in
vitro clinical tests covered under the technology
certification will conform to the applicable quality
requirements of section 587K with respect to--
``(i) design controls, including related
purchasing controls and acceptance activities;
``(ii) complaint investigation, adverse
event reporting, and corrections and removals;
and
``(iii) process validation, as applicable;
``(G) procedures for analytical and clinical
validation, including all procedures for validation,
verification, and acceptance criteria, and an
explanation as to how such procedures, when used,
provide a showing that eligible in vitro clinical tests
within the proposed scope of the technology
certification order are analytically and clinically
valid;
``(H) procedures that provide a showing that in
vitro clinical tests covered by the proposed scope of
the technology certification order will be safe for
individuals who come into contact with in vitro
clinical tests covered by such order;
``(I) a proposed listing submission under section
587J(b) for in vitro clinical tests that the developer
intends to introduce into interstate commerce upon
receiving a technology certification order, which shall
not be construed to limit the developer from
introducing additional tests not included in such
submission under the same technology certification
order;
``(J) information concerning one or more
representative in vitro clinical tests, including--
``(i) a test within the scope of the
technology certification application with the
appropriate analytical complexity at the time
of the submission of the application under this
section to serve as the representative test;
``(ii) the information specified in
subsection (a) or (b) of section 587B, as
applicable, for the representative in vitro
clinical test or tests, unless the Secretary
determines that such information is not
necessary;
``(iii) a summary of a risk assessment of
the in vitro clinical test;
``(iv) an explanation of the choice of the
representative in vitro clinical test or tests
for the technology certification application
and how such test adequately demonstrates the
range of procedures that the developer includes
in the application under subparagraphs (F),
(G), (H), and (I); and
``(v) a brief explanation of the ways in
which the procedures included in the
application under subparagraphs (F), (G), (H),
and (I) have been applied to the representative
in vitro clinical test or tests; and
``(K) such other information necessary to make a
determination on a technology certification application
as the Secretary may determine necessary.
``(3) Reference to existing applications.--With respect to
the content requirements in the technology certification
application described in paragraph (2), a developer may
incorporate by reference any content of an application
previously submitted by the developer.
``(d) Action on an Application for Technology Certification.--
``(1) Secretary response.--
``(A) In general.--As promptly as practicable, and
not later than 90 days after receipt of an application
under subsection (c), the Secretary shall--
``(i) if the Secretary finds that all of
the grounds in paragraph (3) are met, issue a
technology certification order granting the
application, which--
``(I) may include reasonable
conditions of certification; and
``(II) shall specify the scope of
the technology certification; or
``(ii) deny the application, if the
Secretary finds (and sets forth the basis of
such finding as part of or accompanying such
denial) that one or more grounds for granting
the application specified in paragraph (3) are
not met.
``(B) Extension.--The timeline described in
subparagraph (A) may be extended by mutual agreement
between the Secretary and the applicant.
``(2) Deficient applications.--
``(A) In general.--If, after receipt of an
application under this section, the Secretary
determines that any portion of such application is
deficient, the Secretary, not later than 60 days after
receipt of such application, shall provide to the
applicant a description of such deficiencies and
identify the information required to resolve such
deficiencies.
``(B) Converting to premarket applications.--When
responding to the deficiency letter, the developer may
convert the application for technology certification
under subsection (c) into a premarket application under
section 587B.
``(3) Technology certification order.--The Secretary shall
issue an order granting a technology certification under this
section if, on the basis of the information submitted to the
Secretary as part of the application and any other information
with respect to such applicant, the Secretary finds that--
``(A) there is a showing that in vitro clinical
tests within the scope of the technology certification
order will meet the applicable standard;
``(B) the methods used in, and the facilities or
controls used for, the development of eligible in vitro
clinical tests covered by the proposed scope of the
technology certification conform to the applicable
requirements of section 587K with respect to--
``(i) design controls, including related
purchasing controls and acceptance activities;
``(ii) complaint investigation, adverse
event reporting, and corrections and removals;
and
``(iii) process validation, as applicable;
``(C) based on a fair evaluation of all material
facts, the applicant's proposed labeling and
advertising are not false or misleading in any
particular;
``(D) the application does not contain a false
statement of material fact;
``(E) there is a showing that the representative in
vitro clinical test or tests--
``(i) meet the applicable standard; and
``(ii) reasonably represent the range of
procedures required to be submitted in the
application;
``(F) the applicant has agreed to permit, upon
request, authorized employees of the Food and Drug
Administration or persons accredited, or recognized
under this Act, an opportunity to inspect at a
reasonable time and in a reasonable manner the
facilities and all pertinent equipment, finished and
unfinished materials, containers, and labeling therein,
including all things (including records, files, papers,
and controls) bearing on whether an in vitro clinical
test is adulterated, misbranded, or otherwise in
violation of this Act, and permits such authorized
employees or persons accredited under this Act to view
and to copy and verify all records pertinent to the
application and the in vitro clinical test; and
``(G) based on other data and information the
Secretary may require under subsection (c)(2)(K), the
Secretary finds that such data and information support
granting a technology certification order.
``(4) Review of denials.--An applicant whose application
has been denied under this subsection may obtain review of such
denial under section 587P.
``(e) Supplements.--
``(1) Supplemental applications.--
``(A) In general.--With respect to any of the
following changes related to a technology certification
order, a supplemental application to a technology
certification order shall be submitted by the holder of
the technology certification order describing such
proposed changes, and the in vitro clinical test with
such changes may not be introduced into interstate
commerce until a technology certification order for
such supplemental application is granted:
``(i) Any significant change to the
procedures provided in support of the
application for technology certification
submitted under subparagraph (G) or (H) of
subsection (c)(2).
``(ii) Any significant change to the
procedures provided in support of the
application for technology certification
submitted under subparagraph (F) of subsection
(c)(2).
``(B) Secretary action on supplemental
applications.--Any action by the Secretary on a
supplemental application shall be in accordance with
subsection (d), and any order resulting from such
supplement shall be treated as an amendment to a
technology certification order.
``(2) Content of application.--
``(A) In general.--A supplemental application for a
change to an in vitro clinical test under a technology
certification order shall--
``(i) contain all necessary information to
make a showing that any in vitro clinical test
affected by such change that is within the
scope of the technology certification order
will meet the applicable standard; and
``(ii) be limited to such information that
is needed to support the change.
``(B) Content.--Unless otherwise specified by the
Secretary, a supplemental application under this
subsection shall include--
``(i) a description of the change,
including a rationale for implementing such
change;
``(ii) a description of how the change was
evaluated;
``(iii) data from a representative in vitro
clinical test or tests that supports a showing
that, in using the modified procedure or
procedures, all eligible in vitro clinical
tests within the scope of the technology
certification will meet the applicable
standard;
``(iv) as applicable, information to
demonstrate that the modified procedure or
procedures submitted under subsection (c)(2)(F)
continue to conform to applicable requirements
under section 587K; and
``(v) any other information requested by
the Secretary.
``(3) Changes in response to a public health risk.--
``(A) In general.--If the holder of a technology
certification makes a change to an in vitro clinical
test or tests to address a potential risk to public
health by adding a new specification or test method,
such holder may immediately implement such change and
shall submit a notification for such change to the
Secretary within 30 days.
``(B) Content.--Any notification to the Secretary
under this paragraph shall include--
``(i) a summary of the relevant change;
``(ii) the rationale for implementing such
change;
``(iii)(I) if such a change necessitates a
change to the procedures reviewed as part of
the granted technology certification order, the
modified procedures; or
``(II) if the procedures were not changed,
an explanation as to why they were not changed;
and
``(iv) if such a change necessitates a
change to the procedures reviewed as part of
the granted technology certification order,
data from a representative in vitro clinical
test or tests that support a showing that, in
using the modified procedures, all eligible in
vitro clinical tests within the scope of the
technology certification will meet the
applicable standard.
``(f) Temporary Hold.--
``(1) In general.--Subject to the process specified in
paragraph (2), and based on one or more findings under
paragraph (4), the Secretary may issue a temporary hold
prohibiting any holder of a technology certification order
issued under this section from introducing into interstate
commerce an in vitro clinical test that was not previously the
subject of a listing under section 587J. The temporary hold
shall identify the grounds for the temporary hold under
paragraph (4) and the rationale for such finding.
``(2) Process for issuing a temporary hold.--If the
Secretary makes a finding that a temporary hold may be
warranted based on one or more grounds specified in paragraph
(4), the Secretary shall promptly notify the holder of the
technology certification order of such finding and provide 30
calendar days for the developer to come into compliance with or
otherwise resolve the finding.
``(3) Written requests.--Any written request to the
Secretary from the holder of a technology certification order
that a temporary hold under paragraph (1) be removed shall
receive a decision, in writing and specifying the reasons
therefore, within 90 days after receipt of such request. Any
such request shall include information to support the removal
of the temporary hold.
``(4) Grounds for temporary hold.--The Secretary may
initiate a temporary hold under this subsection upon a finding
that the holder of a technology certification order--
``(A) is not in compliance with the conditions of
the technology certification order pursuant to
subsection (b)(1)(D);
``(B) offers one or more in vitro clinical tests
with advertising or labeling that is false or
misleading;
``(C) has reported a correction or removal of an in
vitro clinical test that is offered under a technology
certification order under this section and has failed
to demonstrate that the issue or issues causing the
correction or removal does not adversely impact the
ability of other in vitro clinical tests offered under
the same technology certification order to meet the
applicable standard; or
``(D) has introduced into interstate commerce an in
vitro clinical test under a technology certification
order and such test is adulterated or misbranded, based
on a determination by the Secretary, and has failed to
demonstrate that the issue or issues causing the
adulteration or misbranding does not adversely impact
the ability of other in vitro clinical tests offered
under the same technology certification granted under
this section to meet the applicable standard.
``(g) Withdrawal.--The Secretary may, after due notice and
opportunity for an informal hearing, issue an order withdrawing a
technology certification order including all tests introduced into
interstate commerce under the technology certification order if the
Secretary finds that--
``(1) the application, supplement, or report under
subsection (h) contains false or misleading information or
fails to reveal a material fact;
``(2) such holder fails to correct false or misleading
labeling or advertising upon the request of the Secretary;
``(3) in connection with a technology certification, the
holder provides false or misleading information to the
Secretary; or
``(4) the holder of such technology certification order
fails to correct the grounds for a temporary hold within a
timeframe specified in the temporary hold order.
``(h) Reports to Congress.--
``(1) In general.--Not later than 1 year after the
effective date of the VALID Act of 2023, and annually
thereafter for the next 4 years, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, and make publicly available, including through
posting on the website of the Food and Drug Administration, a
report containing the information described in paragraph (2).
``(2) Content.--
``(A) In general.--Each report under paragraph (1)
shall address, at a minimum--
``(i) the total number of applications for
technology certifications filed, issued,
withdrawn, and denied;
``(ii) the total number of technology
certification orders the Secretary put on
temporary hold under subsection (h) and the
number of technology certification orders
withdrawn under subsection (i);
``(iii) the types of technologies for which
the Secretary issued technology certification
orders;
``(iv) the total number of holders of
technology certification orders that are in
effect; and
``(v) the total number of in vitro clinical
test categories that required premarket review
under section 587B that were redesignated as
eligible in vitro clinical tests under this
section.
``(B) Final report.--The fifth report submitted
under paragraph (1) shall include a summary of, and
responses to, comments raised in the docket.
``(C) Performance reports.--The reports required
under this section may be issued with performance
reports as required under section 9 of the VALID Act of
2023.
``(i) Public Meeting and Input.--
``(1) Public docket.--Not later than 30 days after the date
of enactment of the VALID Act of 2023, the Secretary shall
establish a public docket to receive comments concerning
recommendations for implementation of this section, including
criteria and procedures for subsections (c) through (h). The
public docket shall remain open for at least 1 year after the
establishment of the public docket.
``(2) Public meeting.--Not later than 180 days after the
date of enactment of the VALID Act of 2023, the Secretary shall
convene a public meeting to which stakeholders from
organizations representing patients and consumers, academia,
and the in vitro clinical test industry are invited to discuss
the technology certification process including application
requirements, inspections, alignment with third-party
accreditors, and the definition of the term `technology' under
section 587.
``(j) Regulations.--The Secretary shall issue regulations regarding
the technology certification process, including describing criteria or
procedures relating to technology certification under this section,
which shall be subject to public comment for a minimum of 60 days from
issuance prior to finalizing such regulations after considering the
comments received. The regulation shall include an outline of the
application process, opportunities to meet with officials of the Food
and Drug Administration, and plans to streamline inspections.
``(k) Notification.--
``(1) In general.--Notwithstanding subsection (a)(1), a
first-of-a-kind in vitro clinical test or a combination product
that meets the definition of a moderate-risk test under section
587 may be introduced into interstate commerce under a
technology certification order that has been issued by the
Secretary, subject to other applicable requirements if--
``(A) the developer provides notification to the
Secretary 60 days prior to introducing such tests into
interstate commerce that includes information
demonstrating that the test is moderate-risk and within
the scope of the applicable technology certification
order; and
``(B) the Secretary has not issued a notification
to the developer under paragraph (2) before such time
has elapsed.
``(2) Notification from secretary.--The Secretary shall
issue a notification to the developer that such test may not be
introduced into interstate commerce under such order if the
Secretary determines that--
``(A) such test--
``(i) does not meet the definition of a
moderate-risk test under section 587;
``(ii) is not eligible to be introduced
into interstate commerce under any of
subparagraphs (A) through (E) of subsection
(a)(1); or
``(iii) is not eligible to be introduced
into interstate commerce under the referenced
technology certification order issued by the
Secretary because it is not within the scope of
the technology certification order under
subsection (b)(2); or
``(B) based on the information included in the
notification submitted by the developer pursuant to
this subsection, there is insufficient information for
the Secretary to make the determinations described in
clauses (i), (ii), and (iii) of subparagraph (A).
``SEC. 587E. MITIGATING MEASURES.
``(a) Establishment of Mitigating Measures.--
``(1) Establishing, changing, or withdrawing.--
``(A) Establishment.--The Secretary may establish
and require, on the basis of evidence, mitigating
measures for any in vitro clinical test or category of
in vitro clinical tests with the same indications for
use that is introduced or delivered for introduction
into interstate commerce after the Secretary
establishes any such mitigating measures.
``(B) Methods of establishment.--The Secretary may
establish mitigating measures--
``(i) under the process set forth in
subparagraph (D);
``(ii) as provided under section 587F; or
``(iii) through a premarket approval or
technology certification order, which may
establish mitigating measures for an individual
in vitro clinical test or a category of in
vitro clinical tests.
``(C) Methods of change or withdrawal.--The
Secretary may change or withdraw mitigating measures--
``(i) under the process set forth in
subparagraph (D); or
``(ii) as provided under section 587F.
``(D) Process for establishment, change, or
withdrawal.--Notwithstanding subchapter II of chapter 5
of title 5, United States Code, the Secretary may, upon
the initiative of the Secretary or upon petition of an
interested person, establish, change, or withdraw
mitigating measures for an in vitro clinical test or
category of in vitro clinical tests by--
``(i) publishing a proposed order in the
Federal Register;
``(ii) providing an opportunity for public
comment for a period of not less than 30 60
calendar days; and
``(iii) after consideration of any comments
submitted, publishing a final order in the
Federal Register that responds to the comments
submitted, and which shall include a reasonable
transition period.
``(E) Effect of mitigating measures on
grandfathered tests.--A mitigating measure shall not be
required by the Secretary for an in vitro clinical test
subject to section 587G(a).
``(2) In vitro clinical tests previously cleared or exempt
as devices with special controls.--
``(A) In general.--Any special controls applicable
to an in vitro clinical test previously cleared or
exempt under section 510(k), or classified under
section 513(f)(2) prior to date of enactment of the
VALID Act of 2023, including any such special controls
established during the period beginning on the date of
enactment of the VALID Act of 2023 and ending on the
effective date of such Act (as described in section
5(b) of such Act)--
``(i) shall continue to apply to such in
vitro clinical test after such effective date;
and
``(ii) are deemed to be mitigating measures
as of the effective date specified in section
5(a)(1)(A) of the VALID Act of 2023.
``(B) Changes.--Notwithstanding subparagraph (A),
the Secretary may establish, change, or withdraw
mitigating measures for such tests or category of tests
using the procedures under paragraph (1).
``(b) Documentation.--
``(1) In vitro clinical tests subject to premarket
review.--The developer of an in vitro clinical test subject to
premarket review under section 587B and to which mitigating
measures apply shall maintain documentation in accordance with
the applicable quality requirements under section 587K and make
such documentation available to the Secretary upon request or
inspection.
``(2) Other tests.--The developer of an in vitro clinical
test that is offered under a technology certification order or
other exemption from premarket review under section 587B and to
which mitigating measures apply shall--
``(A) maintain documentation in accordance with the
applicable quality requirements under section 587K
demonstrating that such mitigating measures continue to
be met following a test modification by the developer;
``(B) make such documentation available to the
Secretary upon request or inspection; and
``(C) include in the performance summary for such
test a brief description of how such mitigating
measures are met, if applicable.
``SEC. 587F. REGULATORY PATHWAY DESIGNATION.
``(a) Pathway Determinations.--
``(1) In general.--After considering available evidence
with respect to an in vitro clinical test or category of in
vitro clinical tests with the same intended use, including the
identification, establishment under paragraph (4), and
implementation of mitigating measures under section 587E, as
appropriate, the Secretary may, upon the initiative of the
Secretary or upon request of a developer, determine that--
``(A) such in vitro clinical test is high-risk and
subject to premarket review under section 587B;
``(B) such in vitro clinical tests, including a
first-of-a-kind test, is moderate-risk and subject to
abbreviated premarket review under section 587B(b) or
technology certification under section 587D(a)(1); or
``(C) such in vitro clinical test, including a
first-of-a-kind test is low-risk or otherwise exempt
from premarket review under section 587B.
``(2) Requests.--
``(A) Submissions by developers.--
``(i) Abbreviated premarket review;
technology certification.--A developer
submitting a request that the Secretary make a
determination as described in paragraph (1)(B)
shall submit information to support that the in
vitro clinical test is moderate-risk or propose
mitigating measures, if applicable, that would
support such a determination.
``(ii) Low-risk; exempt from premarket
review.--A developer submitting a request that
the Secretary make a determination as described
in paragraph (1)(C) shall submit information
that the in vitro clinical test is low-risk, or
otherwise appropriate for exemption from
premarket review under section 587B and propose
mitigating measures, if applicable, that would
support such a determination.
``(B) Response by the secretary.--Not later than 30
days after receiving a request under clause (i) or (ii)
of subparagraph (A), the Secretary shall provide a
timely response describing whether or not the Secretary
will initiate the process for making a determination
under paragraph (1)(B) or (1)(C) as described in
paragraph (4).
``(3) Sufficiency of mitigating measures.--When determining
whether mitigating measures for an in vitro clinical test, or
category of in vitro clinical tests, are sufficient to make
such test moderate-risk or low-risk, the Secretary shall take
into account the following:
``(A) The degree to which the technology for the
intended use of the in vitro clinical test is well-
characterized, taking into consideration factors that
include one or more of the following:
``(i) Peer-reviewed literature.
``(ii) Practice guidelines.
``(iii) Consensus standards.
``(iv) Recognized standards of care.
``(v) Use of such technology, including
historical use.
``(vi) Multiple scientific publications by
different authors.
``(vii) Adoption by the scientific or
clinical community.
``(viii) Real world evidence.
``(B) Whether the criteria for performance of the
test are well-established to be sufficient for the
intended use.
``(C) The clinical circumstances under which the in
vitro clinical test is used, including whether the in
vitro clinical test is the sole determinate for the
diagnosis or treatment of the targeted disease, and the
availability of other tests (such as confirmatory or
adjunctive tests) or relevant material standards.
``(D) Whether such mitigating measures sufficiently
mitigate the risk of harm such that the test or
category of tests is moderate-risk or low-risk.
``(4) Process.--
``(A) In general.--For a test that is not first-of-
a-kind, any action under paragraph (1) shall be made by
publication of a notice of such proposed action on the
website of the Food and Drug Administration, the
consideration of comments to a public docket on such
proposal, and publication of a final action on such
website within 60 calendar days of the close of the
comment period posted to such public docket,
notwithstanding subchapter II of chapter 5 of title 5,
United States Code.
``(B) Process for first-of-a-kind test.--In the
case of an in vitro clinical test that is first-of-a-
kind, the process is as follows:
``(i) Any determination that the test is
subject to premarket approval or abbreviated
premarket review under subparagraph (A) or (B)
of paragraph (1) shall be published on the
website of the Food and Drug Administration,
notwithstanding subclause II of chapter 5 of
title 5, United States Code, only after the in
vitro clinical test is approved under section
587B. Until that time, the determination shall
not be binding on other in vitro clinical
tests.
``(ii) Any determination other than those
made under clause (i) shall be made by
publication of a notice of final action on the
website of the Food and Drug Administration,
notwithstanding subchapter II of chapter 5 of
title 5, United States Code.
``(5) No effect on grandfathering determinations.--A
determination under paragraph (1) shall have no effect on the
applicability of section 587G to an in vitro clinical tests.
``(b) Transition Period.--Upon a decision by the Secretary to
change a regulatory pathway designation, or reclassifies an in vitro
clinical test, or category of in vitro clinical tests, the Secretary
shall provide an appropriate transition period with respect to any new
requirements.
``(c) Appeals.--A decision by the Secretary under this section
shall be deemed a significant decision subject to appeal under section
587P.
``(d) Advisory Committee.--The Secretary may request
recommendations from an advisory committee under section 587H pursuant
to carrying out this section.
``(e) Request for Informal Feedback.--Before submitting a premarket
application or technology certification application for an in vitro
clinical test--
``(1) the developer of the test may submit to the Secretary
a written request for a meeting, conference, or written
feedback to discuss and provide information relating to the
regulation of such in vitro clinical test which may include--
``(A) the submission process and the type and
amount of evidence expected to demonstrate the
applicable standard;
``(B) which regulatory pathway is appropriate for
an in vitro clinical test; and
``(C) an investigation plan for an in vitro
clinical test, including a clinical protocol; and
``(2) upon receipt of such a request, the Secretary shall--
``(A) if a meeting is requested--
``(i) within 60 calendar days after such
receipt, or within such time period as may be
agreed to by the developer, meet or confer with
the developer submitting the request; and
``(ii) within 15 calendar days after such
meeting or conference, provide to the developer
a written record or response describing the
issues discussed and conclusions reached in the
meeting or conference; and
``(B) if written feedback is requested, provide
feedback to the requestor within 75 days after such
receipt.
``SEC. 587G. GRANDFATHERED IN VITRO CLINICAL TESTS.
``(a) In General.--Subject to subsection (d), an in vitro clinical
test is exempt from the requirements of this subchapter specified in
subsection (b) if--
``(1) the test was first offered for clinical use, and was
not intended solely for investigational use, not later than 45
days after the date of enactment of the VALID Act of 2023;
``(2) the test was developed by a clinical laboratory for
which a certificate was in effect under section 353 of the
Public Health Service Act that meets the requirements for
performing tests of high complexity;
``(3) the test is performed--
``(A) in the same clinical laboratory in which the
test was developed for which a certification is still
in effect under section 353 of the Public Health
Service Act that meets the requirements to perform
tests of high complexity;
``(B) by another clinical laboratory for which a
certificate is in effect under section 353 of such Act
that meets the requirements to perform tests of high
complexity, and that is within the same corporate
organization and having common ownership by the same
parent corporation as the laboratory in which the test
was developed; or
``(C) in the case of a test that was developed by
the Centers for Disease Control and Prevention or
another laboratory in a public health laboratory
network coordinated or managed by the Centers for
Disease Control and Prevention, by a clinical
laboratory for which a certificate is in effect under
section 353 of such Act that meets the requirements to
perform tests of high complexity, and that is within a
public health laboratory network coordinated or managed
by the Centers for Disease Control and Prevention;
``(4) the test does not have in effect an approval under
section 515, a clearance under section 510(k), an authorization
under section 513(f)(2), or an exemption under section 520(m),
or licensure under section 351 of the Public Health Service
Act;
``(5) any modification to the test on or after the date
that is 45 days after the date of enactment of the VALID Act of
2023 is made by the initial developer, conforms with section
587C(a)(6)(A)(ii), and does not meet the criteria in subsection
(d)(1);
``(6) when used as an investigational in vitro clinical
test, such test complies with section 587S, as applicable;
``(7) the test is offered with an order from an authorized
person as required under section 353 of the Public Health
Service Act, and was offered with a prescription required under
section 809.30(f) of title 21, Code of Federal Regulations
prior to the effective date of this subchapter;
``(8) the test is not for use with home specimen
collection, unless the specimen is collected with a collection
container, receptacle, or kit that--
``(A) has been approved, cleared, or authorized by
the Secretary for home specimen collection and the
collection is performed pursuant to the approved,
cleared, or authorized labeling, including any
indication for use as prescription use or over-the-
counter use, or
``(B) is exempt from premarket review and its use
is consistent with applicable limitations on the
exemption;
``(9) the test is not a specimen receptacle or instrument;
``(10) each test report for the test bears a statement that
reads as follows: `This in vitro clinical test was introduced
into commerce prior to the application of the VALID Act and is
exempt from FDA premarket review.'; and
``(11) the developer of the test--
``(A) maintains documentation demonstrating that
the test meets and continues to meet the criteria set
forth in this subsection; and
``(B) makes such documentation available to the
Secretary upon request.
``(b) Exemptions Applicable to Grandfathered Tests.--An in vitro
clinical test that meets the criteria specified in subsection (a) is
exempt from premarket review under 587B, labeling requirements under
587L, and test design requirements and quality requirements under 587K,
and may be lawfully offered subject to the other applicable
requirements of this Act.
``(c) Modifications.--In the case of an in vitro clinical test that
meets the criteria specified in subsection (a), such test continues to
qualify for the exemptions described in subsection (b) if the test is
modified and the modification is of a type described in subsection
(a)(5), and the person modifying such in vitro clinical test--
``(1) documents each such modification and maintains
documentation of the basis for such determination;
``(2) provides such documentation relating to the change to
the Secretary upon request or inspection; and
``(3) does not modify the in vitro clinical test such that
it no longer meets the criteria under subsection (a).
``(d) Request for Information.--
``(1) Criteria.--The criteria described in this paragraph
are any of the following:
``(A) There is a lack of valid scientific evidence
to support that the in vitro clinical test is
analytically valid or clinically valid.
``(B) Such in vitro clinical test is being offered
by its developer with any false or misleading
analytical or clinical claims.
``(C) It is probable that such in vitro clinical
test will cause serious adverse health consequences.
``(2) Process.--
``(A) Written request for information.--The
Secretary may issue a written request to a developer
identifying specific scientific concerns, based on
credible information, with an in vitro clinical test,
which indicate that one or more of the criteria
described in paragraph (1) apply to such in vitro
clinical test. Such written request shall include
specific information requests pertaining to such
criteria.
``(B) Deadline for submitting information.--Not
later than 45 days after receiving a request for
information under subparagraph (A)--
``(i) the developer of an in vitro clinical
test--
``(I) may seek a teleconference
prior to the submission of information
under subclause (II) to discuss the
Secretary's request; and
``(II) shall submit the information
requested pursuant to subparagraph (A),
and may include in such submission a
request for a teleconference; and
``(ii) the Secretary shall--
``(I) schedule a teleconference
requested under clause (i)(I); and
``(II) hold a teleconference if
requested within 10 days of the
Secretary's receipt of the information
submitted under clause (i)(II).
``(C) Review deadline.--Upon receiving a submission
under subparagraph (B), the Secretary shall--
``(i) review the submitted information
within 45 calendar days of such receipt, which
may include communication with the developer;
and
``(ii) determine whether the criteria
listed in paragraph (1) apply to the in vitro
clinical test and communicate such
determination to the developer as described in
subparagraph (D).
``(D) Communication and results of determination.--
The Secretary shall notify the developer, in writing,
of the Secretary's determination under subparagraph
(C), as follows:
``(i) If the Secretary determines that none
of the criteria listed in paragraph (1) apply
to the in vitro clinical test, such test shall
be exempt from relevant requirements of this
subchapter, as set forth in subsection (b),
subject to the criteria under subsection (a).
``(ii) If the Secretary determines that one
or more of the criteria listed in paragraph (1)
apply to the test but such a determination may
be resolved within a reasonable time, and the
test has not been previously subject to this
subsection on the basis of the same or
substantially similar scientific concerns
identified in the written request issued under
paragraph (d)(2)(A)--
``(I) the Secretary shall notify
the developer of such a determination
and allow the developer to seek a
teleconference to discuss the finding;
``(II) the developer shall submit
information demonstrating resolution of
the determination within 15 days of
receiving such notification; and
``(III) the Secretary shall make a
determination within 30 days of the
receipt of such submission of
information as to whether the criteria
under paragraph (1) continue to apply
to the test and, if through such
determination the Secretary determines
that--
``(aa) none of the criteria
listed in paragraph (1) apply
to the test, such test shall be
exempt from relevant
requirements of the subchapter
as set forth in subsection (b),
subject to applicable
limitations; or
``(bb) one or more of the
criteria listed in paragraph
(1) apply to the in vitro
clinical test, such test is not
exempt as set forth in this
section and shall not be
offered unless approved under
section 587B, or, upon a
determination by the Secretary
pursuant to section 587F,
offered under a technology
certification order under
section 587D or offered as a
low-risk test.
``(iii) If the Secretary determines that
one or more of the criteria listed in paragraph
(1) apply to the in vitro clinical test and
clause (ii) does not apply, the in vitro
clinical test is not exempt as set forth in
this section and shall not be offered unless
approved under section 587B, or upon a
determination by the Secretary pursuant to
section 587F, offered under a technology
certification order under section 587D or
offered as a low-risk test.
``SEC. 587H. ADVISORY COMMITTEES.
``(a) In General.--The Secretary may establish advisory committees
or use advisory committee panels of experts established before the date
of enactment of the VALID Act of 2023 (including a device
classification panel under section 513) for the purposes of providing
expert scientific advice and making recommendations related to--
``(1) the approval of an application for an in vitro
clinical test submitted under this subchapter, including for
evaluating, as applicable, the analytical validity, clinical
validity, and safety of in vitro clinical tests;
``(2) the potential effectiveness of mitigating measures
for a determination of the applicable regulatory pathway under
section 587F(b) or risk evaluation for an in vitro clinical
test or tests;
``(3) quality requirements under section 587K or applying
such requirements to in vitro clinical tests developed or
imported by developers;
``(4) appeals under section 587P; or
``(5) such other purposes as the Secretary determines
appropriate.
``(b) Appointments.--
``(1) Voting members.--The Secretary shall appoint to each
committee established under subsection (a), as voting members,
individuals who are qualified by training and experience to
evaluate in vitro clinical tests referred to the committee for
the purposes specified in subsection (a), including individuals
with, to the extent feasible, scientific expertise in the
development of such in vitro clinical tests, laboratory
operations, and the use of in vitro clinical tests. The
Secretary shall designate one member of each committee to serve
as chair.
``(2) Nonvoting members.--In addition to the individuals
appointed pursuant to paragraph (1), the Secretary shall
appoint to each committee established under subsection (a), as
nonvoting members--
``(A) a representative of consumer interests; and
``(B) a representative of interests of in vitro
clinical test developers not directly affected by the
matter to be brought before the committee.
``(3) Limitation.--No individual who is a regular full-time
employee of the United States and engaged in the administration
of this Act may be a member of any advisory committee
established under subsection (a).
``(4) Education and training.--The Secretary shall, as
appropriate, provide education and training to each new
committee member before such member participates in a
committee's activities, including education regarding
requirements under this Act and related regulations of the
Secretary, and the administrative processes and procedures
related to committee meetings.
``(5) Meetings.--The Secretary shall ensure that scientific
advisory committees meet regularly and at appropriate intervals
so that any matter to be reviewed by such a committee can be
presented to the committee not more than 60 calendar days after
the matter is ready for such review. Meetings of the committee
may be held using electronic or telephonic communication to
convene the meetings.
``(6) Compensation.--Members of an advisory committee
established under subsection (a), while attending meetings or
conferences or otherwise engaged in the business of the
advisory committee--
``(A) shall be entitled to receive compensation at
rates to be fixed by the Secretary, but not to exceed
the daily equivalent of the rate in effect for
positions classified above level GS-15 of the General
Schedule; and
``(B) may be allowed travel expenses as authorized
by section 5703 of title 5, United States Code, for
employees serving intermittently in the Government
service.
``(c) Guidance.--The Secretary may issue guidance on the policies
and procedures governing advisory committees established under
subsection (a).
``SEC. 587I. BREAKTHROUGH IN VITRO CLINICAL TESTS.
``(a) In General.--The purpose of this section is to encourage the
Secretary, and provide the Secretary with sufficient authority, to
apply efficient and flexible approaches to expedite the development of,
and prioritize the review of, in vitro clinical tests that represent
breakthrough technologies.
``(b) Establishment of Program.--The Secretary shall establish a
program to expedite the development of, and provide for the priority
review of, in vitro clinical tests.
``(c) Eligibility.--The program developed under subsection (b)
shall be available for any in vitro clinical test that--
``(1) provides or enables more effective treatment or
diagnosis of life-threatening or irreversibly debilitating
human disease or conditions; and
``(2) is a test--
``(A) that represents a breakthrough technology;
``(B) for which no approved alternative in vitro
clinical test exists, including no in vitro clinical
test offered under a technology certification order;
``(C) that offers a clinically meaningful advantage
over existing alternative in vitro clinical tests that
are approved (including in vitro clinical tests offered
under a technology certification order), including the
potential to reduce or eliminate the need for
hospitalization, improve patient quality of life,
facilitate patients' ability to manage their own care
(such as through self-directed personal assistance), or
establish long-term clinical efficiencies; or
``(D) the availability of which is in the best
interest of patients or public health.
``(d) Designation.--
``(1) Request.--To receive breakthrough designation under
this section, an applicant may request that the Secretary
designate the in vitro clinical test for expedited development
and priority review. Any such request for designation may be
made at any time prior to, or at the time of, the submission of
an application under section 587B or 587D, and shall include
information demonstrating that the test meets the criteria
described in subsection (c).
``(2) Determination.--Not later than 60 calendar days after
the receipt of a request under paragraph (1), the Secretary
shall determine whether the in vitro clinical test that is the
subject of the request meets the criteria described in
subsection (c). If the Secretary determines that the test meets
the criteria, the Secretary shall designate the test for
expedited development and priority review.
``(3) Review.--Review of a request under paragraph (1)
shall be undertaken by a team that is composed of experienced
staff and senior managers of the Food and Drug Administration.
``(4) Withdrawal.--
``(A) In general.--The designation of an in vitro
clinical test under this subsection is deemed to be
withdrawn, and such in vitro clinical test shall no
longer be eligible for designation under this section,
if an application for approval for such test under
section 587B or 587D is denied. Such test shall be
eligible for breakthrough designation upon a new
request for such designation.
``(B) Exception.--The Secretary may not withdraw a
designation granted under this subsection based on the
subsequent approval or technology certification of
another in vitro clinical test that--
``(i) is designated under this section; or
``(ii) was given priority review under
section 515B.
``(e) Actions.--For purposes of expediting the development and
review of in vitro clinical tests under this section, the Secretary may
take the actions and additional actions set forth in paragraphs (1) and
(2), respectively, of section 515B(e) when reviewing such tests. Any
reference or authorization in section 515B(e) with respect to a device
shall be deemed a reference or authorization with respect to an in
vitro clinical test for purposes of this section.
``(f) Guidance.--Not later than 30 months after the date of
enactment of the VALID Act of 2023, the Secretary shall issue final
guidance on the implementation of this section. Such guidance shall--
``(1) set forth the process by which a person may seek a
designation under subsection (d);
``(2) provide a template for request under subsection (d);
``(3) identify the criteria the Secretary will use in
evaluating a request for designation; and
``(4) identify the criteria and processes the Secretary
will use to assign a team of staff, including team leaders, to
review in vitro clinical tests designated for expedited
development and priority review, including any training
required for such personnel to ensure effective and efficient
review.
``(g) Rules of Construction.--Nothing in this section shall be
construed to affect--
``(1) the criteria and standards for evaluating an
application pursuant to section 587B or 587D, including the
recognition of valid scientific evidence as described in
section 587(20) and consideration and application of the least
burdensome means described under section 587AA(c);
``(2) the authority of the Secretary with respect to
clinical holds under section 587S;
``(3) the authority of the Secretary to act on an
application pursuant to section 587B before completion of an
establishment inspection, as the Secretary determines
appropriate; or
``(4) the authority of the Secretary with respect to
postmarket surveillance under section 587X.
``SEC. 587J. REGISTRATION AND LISTING.
``(a) Registration Requirement.--
``(1) In general.--Each person described in subsection
(b)(1) shall--
``(A) during the period beginning on October 1 and
ending on December 31 of each year, register with the
Secretary the name of such person, places of business
of such person, all establishments engaged in the
activities specified under this paragraph, the
establishment registration number of each such
establishment, and a point of contact for each such
establishment, including an electronic point of
contact; and
``(B) submit an initial registration containing the
information required under subparagraph (A)--
``(i) in accordance with the timelines for
submission under subsection (c), if the
establishment is engaged in any activity
described in subsection (b)(1) on the effective
date of this section, unless the Secretary
establishes by guidance a date later than such
date for all or a category of such
establishments; or
``(ii) not later than 30 days prior to
engaging in any activity described in
subsection (b)(1), if the establishment is not
engaged in any activity described in this
paragraph on the effective date of this
section.
``(2) Registration numbers.--The Secretary may assign a
registration number to any person or an establishment
registration number to any establishment registered in
accordance with this section. Registration information shall be
made publicly available by publication on the website
maintained by the Food and Drug Administration, in accordance
with subsection (d).
``(3) Inspection.--Each person or establishment that is
required to be registered with the Secretary under this section
shall be subject to inspection pursuant to section 704.
``(b) Listing Information for In Vitro Clinical Tests.--
``(1) In general.--Each person who--
``(A) is a developer; and
``(B) introduces or proposes to begin the
introduction or delivery for introduction into
interstate commerce through an exemption under
subsection (a)(1), (a)(2), (a)(3), or (g) of section
587C or section 587G or through the filing of an
application under section 587B or section 587D,
shall submit a listing to the Secretary containing the
information described in paragraph (2), or (4), as applicable,
in accordance with the applicable schedule described under
subsection (c). Such listing shall be prepared in such form and
manner as the Secretary may specify in guidance. Listing
information shall be submitted through the comprehensive test
information system in accordance with section 587T, as
appropriate.
``(2) Submissions.--Each developer submitting a listing
under paragraph (1) shall electronically submit to the
comprehensive test information system described in section 587T
the following information, as applicable, for each in vitro
clinical test for which such person is a developer in the form
and manner prescribed by the Secretary, taking into account the
least burdensome requirements under section 587AA(c):
``(A) Name of the establishment and its
establishment registration number.
``(B) Contact information for the official
correspondent for the listing.
``(C) Name (common name and trade name, if
applicable) of the in vitro clinical test and its test
listing number (when available).
``(D) The certificate number for any laboratory
certified by the Secretary under section 353 of the
Public Health Service Act that meets the requirements
to perform high-complexity testing and that is the
developer of the in vitro clinical test, and the
certificate number under such section for any
laboratory that is performing the test, is within the
same corporate organization, and has common ownership
by the same parent corporation.
``(E) Whether the in vitro clinical test is, as
applicable, offered as a test approved under section
587B, offered under a granted technology certification
order, or offered as an exempt in vitro clinical test
under section 587C or 587G.
``(F) Indications for use information under section
587(10).
``(G) A brief summary of the analytical and
clinical performance of the in vitro clinical test, and
as applicable, the lot release criteria.
``(H) A brief description of conformance with any
applicable mitigating measures, restrictions, and
standards.
``(I) Representative labeling for the in vitro
clinical test, as appropriate.
``(3) Test listing number.--The Secretary may assign a test
listing number to each in vitro clinical test that is the
subject of a listing under this section. The process for
assigning test listing numbers may be established through
guidance, and may include the recognition of standards,
formats, or conventions developed by a third-party
organization.
``(4) Grandfathered tests.--A developer offering a test
that is a grandfathered in vitro clinical test under section
587G(a) shall submit listing information required under
subparagraphs (A) through (F) of paragraph (2), and may submit
a statement of the performance specifications for such in vitro
clinical tests.
``(5) Exempt tests.--A developer of an in vitro clinical
test who introduces or proposes to begin the introduction or
delivery for introduction into interstate commerce that is
otherwise exempt from the requirement to submit listing
information pursuant to an exemption under section 587C may
submit listing information under this subsection.
``(c) Timelines for Submission of Listing Information.--
``(1) In general.--The timelines for submission of
registration and listing under subsections (a) and (b) are as
follows:
``(A) For an in vitro clinical test that was listed
as a device under section 510(j) prior to the effective
date of this section, a person shall maintain a device
listing under section 510 until such time as the system
for submitting the listing information required under
subsection (b) becomes available and thereafter shall
submit the listing information not later than the later
of 1 year after the system for submitting the listing
under this section becomes available or the effective
date of this section.
``(B) For an in vitro clinical test that is subject
to grandfathering under section 587G(a) a person shall
submit the listing information required under
subsection (b)(4) within 10 calendar days of offering
the test after the effective date of this section.
``(C) For an in vitro clinical test that is not
described in subparagraph (A) or (B), a person shall
submit the required listing information as follows:
``(i) For an in vitro clinical test that is
not exempt from premarket approval under
section 587B, a person shall submit the
required listing information, prior to offering
the in vitro clinical test and not later than
30 business days after the date of approval of
the premarket approval application.
``(ii) For an in vitro clinical test that
is exempt from premarket review under section
587C, the required listing information shall be
submitted prior to offering the in vitro
clinical test.
``(2) Updates.--
``(A) Updates after changes.--Each developer
required to submit listing information under this
section shall update such information within 10
business days of any change that causes any previously
listed information to be inaccurate or incomplete.
``(B) Annual updates.--Each developer required to
submit listing information under this section shall
update its information annually during the period
beginning on October 1 and ending on December 31 of
each year.
``(d) Public Availability of Listing Information.--
``(1) In general.--Listing information submitted pursuant
to this section shall be made publicly available on the website
of the Food and Drug Administration in accordance with
paragraph (3).
``(2) Confidentiality.--Listing information for an in vitro
clinical test that is subject to premarket approval or
technology certification shall remain confidential until such
date as the in vitro clinical test receives the applicable
premarket approval or the developer receives a technology
certification order and for subsequent tests introduced under a
technology certification order until their introduction.
``(3) Exceptions from public availability requirements.--
The public listing requirements of this subsection shall not
apply to any registration and listing information submitted
under subsection (a) or (b), if the Secretary determines that
such information--
``(A) is a trade secret or confidential commercial
or financial information; or
``(B) if posted, could compromise national
security.
``(e) Submission of Information by Accredited Persons.--If agreed
upon by the developer, the information required under this section may
be submitted by a person accredited under section 587Q.
``SEC. 587K. TEST DESIGN AND QUALITY REQUIREMENTS.
``(a) Applicability.--
``(1) In general.--Each developer shall establish and
maintain quality requirements in accordance with the applicable
requirements set forth in subsection (b).
``(2) Certified laboratory requirements.--A developer shall
establish and maintain quality requirement under subsection
(b)(2) or (b)(3), as applicable, if such developer is a
clinical laboratory certified by the Secretary under section
353 of the Public Health Service Act that--
``(A) is certified to perform high-complexity
testing;
``(B) develops an in vitro clinical test that is
for use only--
``(i) within the laboratory certified by
the Secretary under such section 353 in which
such test was developed; or
``(ii) within another laboratory certified
by the Secretary under such section 353 if such
laboratory is--
``(I) within the same corporate
organization and has common ownership
by the same parent corporation as the
laboratory in which the test was
developed; or
``(II) within a public health
laboratory network coordinated or
managed by the Centers for Disease
Control and Prevention, if the test is
developed by a public health laboratory
or the Centers for Disease Control and
Prevention; and
``(C) does not manufacture, produce, or distribute
in vitro clinical tests other than laboratory test
protocols.
``(3) Regulations.--The Secretary shall promulgate quality
system regulations implementing this section. In promulgating
such regulations under this section, the Secretary shall
consider whether, and to what extent, international
harmonization is appropriate.
``(4) Quality systems for hybrid developers of both
laboratory test protocols and other in vitro clinical tests.--
An entity that develops both laboratory test protocols and
other in vitro clinical tests shall comply with subsection
(b)(1) for activities related to the development of any in
vitro clinical test that is not a laboratory test protocol and
with subsection (b)(2) or (b)(3), as applicable, for activities
related to the development of any laboratory test protocol.
``(b) Quality Requirements.--
``(1) In general.--The quality requirements applicable
under this section shall--
``(A) avoid duplication of regulations and guidance
under section 353 of the Public Health Service Act,
such that laboratories would not be subject to
conflicting regulatory obligations with respect to the
same activity;
``(B) not apply to laboratory operations; and
``(C) include, as applicable, subject to
subparagraphs (A) and (B) and paragraphs (2) and (3)--
``(i) management responsibilities;
``(ii) quality audits;
``(iii) personnel;
``(iv) design controls;
``(v) document controls;
``(vi) purchasing controls;
``(vii) identification and traceability;
``(viii) production and process controls;
``(ix) acceptance activities;
``(x) nonconforming in vitro clinical
tests;
``(xi) corrective and preventive action;
``(xii) labeling and packaging controls;
``(xiii) handling, storage, distribution,
and installation;
``(xiv) complaints and records;
``(xv) servicing; and
``(xvi) statistical techniques.
``(2) Exception for laboratory test protocols.--Developers
that are developing test protocols for use as described in
subsection (a)(2)(B)(i) are exempt from the requirements under
paragraph (1)(C) except for the requirements described in
clauses (iv), (ix), (xi), and (xiv) of such paragraph.
``(3) Quality requirements for certain laboratories
distributing laboratory test protocols within organizations or
public health networks.--Quality requirements applicable to the
developer who is distributing a laboratory test protocol as
described in subsection (a)(2)(B)(ii) shall consist of the
following:
``(A) Clauses (iv), (ix), (xi), (xiv), (xii) of
paragraph (1)(B).
``(B) The requirement to maintain records of the
laboratories to which the laboratory test protocol is
distributed.
``(c) Regulations.--In implementing quality requirements for test
developers that participate in international audit programs under this
section, the Secretary shall--
``(1) for purposes of facilitating international
harmonization, consider whether the developer participates in
an international audit program in which the United States
participates and recognizes compliance with, or conformance to,
such standards recognized by the Secretary; and
``(2) ensure a least burdensome approach described in
section 587AA(c) by leveraging, to the extent applicable, the
quality assurance requirements applicable to developers
certified by the Secretary under section 353 of the Public
Health Service Act.
``SEC. 587L. LABELING REQUIREMENTS.
``(a) In General.--An in vitro clinical test shall bear or be
accompanied by labeling, as applicable, that meets the requirements set
forth in subsections (b) and (c), unless such test is exempt under
subsection (d) or (e).
``(b) Labels.--
``(1) In general.--The label of an in vitro clinical test,
shall meet the requirements set forth in paragraph (2) if there
is an immediate container to which the label is applied.
``(2) Regulations.--The label of an in vitro clinical test
shall state the name and place of business of its developer and
meet the requirements set forth in regulations promulgated in
accordance with this section.
``(c) Labeling.--
``(1) In general.--Labeling of an in vitro clinical test,
including labeling in the form of a package insert, website,
standalone laboratory reference document, or other similar
document shall include--
``(A) adequate directions for use and shall meet
the requirements set forth in regulations promulgated
under this section, except as provided in subsection
(d) or (e); and
``(B) the information described in paragraph (2),
as applicable.
``(2) Content.--Labeling of an in vitro clinical test shall
include--
``(A) the test listing number that was provided to
the developer at the time of listing;
``(B) information to facilitate reporting an
adverse event;
``(C) information regarding accessing the
performance summary data displayed in the listing
database for the test;
``(D) the indications for use of the in vitro
clinical test; and
``(E) any warnings, contraindications, or
limitations.
``(3) Public availability of information.--The Secretary
shall make all of the information described in paragraph (2)
with respect to each in vitro clinical test available to the
public, as applicable, in accordance with section 587T, except
to the extent that the Secretary determines that such
information--
``(A) is trade secret or confidential commercial or
financial information; or
``(B) if posted, could compromise national
security.
``(4) Additional requirements.--Labeling for an in vitro
clinical test used for immunohematology testing shall meet the
applicable requirements set forth in part 660 of title 21, Code
of Federal Regulations (or any successor regulations), related
to the labeling of blood grouping reagents, reagent red blood
cells, and anti-human globulin.
``(d) Exemptions and Alternative Requirements.--
``(1) In general.--
``(A) In general.--With respect to an in vitro
clinical test that meets the criteria of subparagraph
(B), the `state in one place' regulations under section
809.10(b) of title 21, Code of Federal Regulations (or
any successor regulations) may be satisfied by the
laboratory posting such information on its website or
in multiple documents, if such documents are maintained
and accessible in one place.
``(B) Applicable tests.--An in vitro clinical test
meets the criteria of this subparagraph if such test
is--
``(i) developed by a laboratory certified
by the Secretary under section 353 of the
Public Health Service Act that meets the
requirements to perform tests of high-
complexity; and
``(ii) performed in--
``(I) the same laboratory in which
such test was developed; or
``(II) by another laboratory
certified by the Secretary under
section 353 of the Public Health
Service Act that--
``(aa) meets the
requirements to perform tests
of high complexity; and
``(bb) is under common
ownership and control as the
laboratory that developed the
test.
``(2) Test instrument labeling.--Unless the instrument is
the entire test system, the labeling for an instrument is not
required to bear the information indicated in paragraphs (3),
(4), (5), (7), (8), (9), (10), (11), (12), and (13) of section
809.10(b) of title 21, Code of Federal Regulations (or any
successor regulations).
``(3) Reagent labeling.--For purposes of compliance with
subsection (c)(1), the labeling for a reagent intended for use
as a replacement in an in vitro clinical test may be limited to
that information necessary to identify the reagent adequately
and to describe its proper use in the test.
``(4) Investigational use.--A shipment or other delivery of
an in vitro clinical test for investigational use pursuant to
section 587S shall be exempt from the labeling requirements of
subsections (b) and (c)(1) and from any standard promulgated
through regulations, except as required under section 353 of
the Public Health Service Act or section 587R of this Act.
``(5) General purpose laboratory reagents.--The labeling of
general purpose laboratory reagents (such as hydrochloric acid)
whose uses are generally known by persons trained in their use
need not bear the directions for use required by subsection
(c)(1)(A).
``(6) Over-the-counter test specimen receptacle labeling.--
The labeling for over-the-counter test specimen receptacles for
drugs of abuse testing shall bear the name and place of
business of the developer included in the registration under
section 587J and any information specified in applicable
regulations promulgated under this section, in language
appropriate for the intended users.
``(e) Tests in the Strategic National Stockpile.--
``(1) In general.--The Secretary may grant an exception or
alternative to any provision listed in this section, unless
explicitly required by a statutory provision outside this
subchapter, for specified lots, batches, or other units of an
in vitro clinical test, if the Secretary determines that
compliance with such labeling requirement could adversely
affect the availability of such products that are, or will be,
included in the Strategic National Stockpile under section
319F-2 of the Public Health Service Act.
``(2) Regulations.--The Secretary may issue regulations
amending section 809.11 of title 21, Code of Federal
Regulations (or any successor regulation) to apply in full or
in part to in vitro clinical tests and in vitro clinical test
developers.
``(f) Regulations.--The Secretary shall issue regulations related
to standardized, general content and format for in vitro clinical test
labeling pursuant to this subsection.
``SEC. 587M. ADVERSE EVENT REPORTING.
``(a) In General.--Each in vitro clinical test developer shall
establish and maintain a system for establishing and maintaining
records of adverse events and reporting adverse events in accordance
with this section.
``(b) Submission of Individual Reports.--A developer shall submit
an individual adverse event report not later than 5 calendar days after
the developer receives or becomes aware of an adverse event that
reasonably suggests that an in vitro clinical test may--
``(1) have caused or contributed to a patient or user
death; or
``(2) present an imminent threat to public health.
``(c) Submission of Quarterly Reports.--As applicable, a developer
shall submit quarterly reports that include any in vitro clinical test
errors and serious injuries that occurred during the applicable
quarter. Such quarterly reports shall be submitted not later than the
end of the quarter following the quarter in which the developer
receives or becomes aware of such adverse events.
``(d) Definitions.--For the purposes of this section--
``(1) the term `in vitro clinical test error' means a
failure of an in vitro clinical test to meet its performance
specifications, or to otherwise perform as intended by the
developer, including an inaccurate result resulting from such
failure; and
``(2) the term `serious injury' means--
``(A) a significant delay in a diagnosis that
results in the absence, delay, or discontinuation of
critical medical treatment or that irreversibly or
seriously and negatively alters the course of a disease
or condition; or
``(B) an injury that--
``(i) is life threatening;
``(ii) results in permanent impairment of a
body function or permanent damage to a body
structure; or
``(iii) necessitates medical or surgical
intervention to preclude permanent impairment
of a body function or permanent damage to a
body structure.
``(e) Regulations.--The Secretary shall promulgate regulations to
implement this section.
``SEC. 587N. CORRECTIONS AND REMOVALS.
``(a) Regulations.--The Secretary shall promulgate regulations, or
amend existing regulations, as appropriate, to implement this section.
``(b) Reports of Corrections and Removals.--
``(1) In general.--Each in vitro clinical test developer
shall report to the Secretary any correction or removal of an
in vitro clinical test undertaken by such developer if the
correction or removal was undertaken--
``(A) to reduce the risk to health posed by the in
vitro clinical test; or
``(B) to remedy a violation of this Act caused by
the in vitro clinical test which may present a risk to
health.
``(2) Exception for in vitro clinical tests offered under a
technology certification order.--For any eligible test offered
under a technology certification order under section 587D, a
correction and removal report for any correction or removal of
an in vitro clinical test should demonstrate that the issue or
issues causing the correction or removal do not adversely
impact the ability of other in vitro clinical tests offered
under the same technology certification order to meet the
applicable standard.
``(c) Timing.--A developer shall submit any report required under
this subsection to the Secretary within 15 business days of initiating
such correction or removal.
``(d) Recordkeeping.--A developer of an in vitro clinical test that
undertakes a correction or removal of an in vitro clinical test which
is not required to be reported under this subsection shall keep a
record of such correction or removal.
``(e) Recall Communications.--Upon the reporting of a correction or
removal by the developer--
``(1) the Secretary shall classify such correction or
removal under this section within 45 calendar days; and
``(2) not later than 70 calendar days after the developer
or other responsible party notifies the Secretary that it has
completed a recall action, the Secretary shall provide the
developer or other responsible party with a written statement
closing the recall action or stating the reasons the Secretary
cannot close the recall at that time.
``SEC. 587O. RESTRICTED IN VITRO CLINICAL TESTS.
``(a) Applicability.--
``(1) In general.--For the types of in vitro clinical tests
described in paragraph (3), the Secretary may require, in
issuing an approval of an in vitro clinical test under section
587B, granting a technology certification order under section
587D, or in issuing a determination under section 587F(a), or
by issuing a regulation, that such test, or category of tests,
be restricted to sale, distribution, or use upon such
conditions as the Secretary may prescribe under paragraph (2).
``(2) Conditions.--The Secretary may prescribe conditions
under this section, based on available evidence, with respect
to an in vitro clinical test described in paragraph (3), that
are determined to be needed due to the potential for harmful
effect of such test (including any resulting absence,
significant delay, or discontinuation of appropriate medical
treatment), and are necessary to ensure that the test meets the
applicable standard.
``(3) In vitro clinical tests subject to restrictions.--The
restrictions or conditions authorized under this section may be
applied by the Secretary to any high-risk or moderate-risk in
vitro clinical test, prescription home-use in vitro clinical
test, direct-to-consumer in vitro clinical test, or over-the-
counter in vitro clinical test.
``(b) Labeling and Advertising of a Restricted in Vitro Clinical
Test.--The labeling and advertising of an in vitro clinical test to
which restrictions apply under subsection (a) shall bear such
appropriate statements of the restrictions as the Secretary may
prescribe in an approval under section 587B, an order under section
587D, a determination under section 587F(a), or in regulation, as
applicable.
``(c) Device Restrictions.--An in vitro clinical test that was
offered as a restricted device prior to the date of enactment of this
subchapter--
``(1) shall continue to comply with the applicable
restrictions under section 515 or section 520(e) until this
subchapter takes effect; and
``(2) except for in vitro clinical tests required to meet
the requirements of section 809.30 of title 21, Code of Federal
Regulations prior to the effective date of this subchapter
specified in section 5(a)(1)(A) of the VALID Act of 2023, such
restrictions described in paragraph (1) shall be deemed to be
restrictions under this subchapter as of such effective date.
``SEC. 587P. APPEALS.
``(a) Significant Decision.--
``(1) In general.--The Secretary shall--
``(A) maintain a substantive summary of the
scientific and regulatory rationale for any significant
decision of the Food and Drug Administration pursuant
to section 587F, regarding--
``(i) the submission of an application for,
or a review of, an in vitro clinical test under
section 587B or section 587D;
``(ii) an exemption under section 587C; or
``(iii) any requirements for mitigation
measures to an in vitro clinical test or
category of in vitro clinical tests; and
``(B) include in such summaries documentation of
significant controversies or differences of opinion and
the resolution of such controversies or differences of
opinion.
``(2) Provision of documentation.--Upon request, the
Secretary shall furnish a substantive summary described in
paragraph (1) to the person who has made, or is seeking to
make, a submission described in such paragraph.
``(3) Application of least burdensome requirements.--The
substantive summary required under this subsection shall
include a brief statement regarding how the least burdensome
requirements were considered and applied consistent with
section 587AA(c), as applicable.
``(b) Review of Significant Decisions.--
``(1) Request for supervisory review of significant
decision.--A developer may request a supervisory review of the
significant decision described in subsection (a)(1). Such
review may be conducted at the next supervisory level or higher
above the agency official who made the significant decision.
``(2) Submission of request.--A developer requesting a
supervisory review under paragraph (1) shall submit such
request to the Secretary not later than 30 days after the
decision for which the review is requested and shall indicate
in the request whether such developer seeks an in-person
meeting or a teleconference review.
``(3) Timeframe.--The Secretary shall schedule an in-person
or teleconference review, if so requested, not later than 30
days after such request is made. The Secretary shall issue a
decision to the developer requesting a review under this
subsection not later than 45 days after the request is made
under paragraph (1), or, in the case of a developer who
requests an in-person meeting or teleconference, 30 days after
such meeting or teleconference.
``(c) Advisory Panels.--The process established under subsection
(a) shall permit the appellant to request review by an advisory
committee established under section 587G when there is a dispute
involving substantial scientific fact. If an advisory panel meeting is
held, the Secretary shall make a determination under this subsection
not later than 45 days after the requested advisory committee meeting
has concluded.
``(d) Least Burdensome Review.--Any developer who has submitted an
application under section 587B or 587D may request a supervisory review
of a request for additional information during an evaluation of such
submission within 60 calendar days of receipt of the additional
information request from the Secretary.
``(e) Availability of All Remedies.--The procedures set forth in
this section shall be in addition to, and not in lieu of, other
remedies available to the developer.
``SEC. 587Q. ACCREDITED PERSONS.
``(a) In General.--
``(1) Authorization.--Beginning on the date of enactment of
the VALID Act of 2023, the Secretary shall accredit persons for
any of the following purposes:
``(A) Reviewing applications for premarket approval
under section 587B and making findings with respect to
such applications.
``(B) Reviewing applications for technology
certification under section 587D and making
recommendations to the Secretary with respect to such
applications.
``(C) Conducting inspections as specified in
subsection (c) of in vitro clinical test developers and
other persons required to register pursuant to section
587J.
``(2) Persons submitting applications.--A person submitting
an application for premarket approval under section 587B or an
application for technology certification under section 587D may
submit such application to the Secretary or to a person
accredited pursuant to subparagraph (A) or (B) of paragraph
(1).
``(b) Accredited Persons Application Reviews, Findings, and
Recommendations.--
``(1) Requirements for premarket application.--
``(A) Review, finding, and recommendation
requirements.--An accredited person receiving an
application for premarket approval under section 587B
shall either--
``(i) provide to the Secretary, together
with the application for premarket approval
submitted by the applicant, a recommendation
based on a finding that the criteria for
approval of the application under section
587B(e)(2)(A) are met and issue a copy of such
finding to the applicant, which finding shall
plainly state--
``(I) the basis for the accredited
person's finding that the criteria
under section 587B(e)(2)(A) are met;
and
``(II) any proposed restrictions,
mitigating measures, or conditions of
approval under section 587B(e)(2)(B),
as applicable; or
``(ii) provide a notification to the
applicant that the accredited person cannot
find that the criteria for approval of the
application under section 587B(e)(2)(A) are met
and the reasons for such decision.
``(B) Requesting missing or clarifying
information.--After receipt of an application from an
accredited person under this section, the Secretary may
request missing or clarifying information from the
applicant concerning the application, which the
accredited person shall promptly provide.
``(C) Secretary action on recommendation that
approval criteria are met.--If the accredited person
transmits a recommendation to the Secretary under
subparagraph (A)(i), then prior to the date that is 45
calendar days after the transmittal date, the Secretary
shall consider such recommendation and make a
determination to--
``(i) approve the application for premarket
approval under section 587B(e)(2) with
appropriate restrictions, mitigating measures,
or conditions of approval, as applicable; or
``(ii) deny approval of the application by
issuing a written notice that reflects
appropriate management input and concurrence to
the accredited person and the applicant
detailing the scientific basis for the
Secretary's determination that the criteria for
issuance of an approval under section
587B(e)(2)(A) have not been met.
``(D) Effect of inaction on recommendation.--If the
Secretary fails to take an action under subparagraph
(C) the Secretary shall--
``(i) within 45 calendar days after the
transmittal date, provide written feedback to
the applicant that--
``(I) includes all outstanding
issues with the application preventing
the Secretary from taking an action
under subparagraph (B);
``(II) reflects appropriate
management input and concurrence; and
``(III) includes action items for
the Secretary, the applicant, or both,
as appropriate, with an estimated date
of completion for the Secretary and the
applicant to complete their respective
tasks, as applicable; and
``(ii) promptly schedule a meeting or
teleconference to discuss the feedback provided
under clause (i), unless the Secretary and
applicant agree that the outstanding issues are
adequately presented through written
correspondence and a meeting or teleconference
is not necessary.
``(2) Requirements for technology certification.--
``(A) Review and recommendation requirements.--An
accredited person receiving an application for
technology certification under section 587D shall
either--
``(i) provide to the Secretary, together
with the application for technology
certification submitted by the applicant, a
recommendation that the criteria for issuance
of a technology certification order under
section 587D(d)(3) are met and issue a copy of
such recommendation to the applicant, which
recommendation shall plainly state the basis
for the accredited person's recommendation that
the criteria under section 587D(d)(3) are met;
or
``(ii) provide a notification to the
applicant that the accredited person cannot
recommend that the criteria for issuance of a
technology certification order under section
587D(d)(3) are met and the reasons for such
decision.
``(B) Requesting missing or clarifying
information.--After receipt of an application under
this section, the accredited person may request missing
or clarifying information from the applicant concerning
the application, which the applicant shall promptly
provide.
``(C) Secretary action on recommendation for
issuance of a technology certification order.--If the
accredited person transmits a recommendation to the
Secretary under clause (i) of subparagraph (A), then
prior to the date that is 60 calendar days after the
transmittal date the Secretary shall--
``(i) issue the technology certification
order under section 587D(d)(3), consistent with
such recommendation from the accredited person;
or
``(ii) deny approval of the application by
issuing a written notice to the accredited
person and the applicant detailing the
scientific basis for a determination by the
Secretary that the criteria for issuance of a
technology certification order under section
587D(d)(3) have not been met.
``(c) Requirements for Inspections.--
``(1) In general.--When conducting inspection, persons
accredited under subsection (a)(1)(C) shall record in writing
their specific observations and shall present their
observations to the designated representative of the inspected
establishment.
``(2) Inspection report requirements.--Each person
accredited under subsection (a)(1)(C) shall prepare and submit
to the Secretary an inspection report in a form and manner
designated by the Secretary for conducting inspections. Any
statement or representation made by an employee or agent of an
establishment to a person accredited to conduct inspections
under subsection (a)(1)(C) shall be subject to section 1001 of
title 18, United States Code.
``(3) Savings clause.--Nothing in this section affects the
authority of the Secretary to inspect any in vitro clinical
test developer or other person registered under section 587J or
recognize inspections conducted by auditing organizations as
described under section 704(g)(15).
``(4) Inspection limitations.--The Secretary shall ensure
that inspections carried out under this section are not
duplicative of inspections carried out under section 353 of the
Public Health Service Act. Inspections under this section shall
be limited to the data and information necessary--
``(A) for routine surveillance activities of
facilities associated with an approved application
under section 587B or issuance of a technology
certification order under section 587D; or
``(B) to meet the requirements for premarket
approval under section 587B or issuance of a technology
certification order under section 587D, as applicable.
``(d) Accreditation.--
``(1) Accreditation program.--The Secretary may provide for
accreditation under this section through programs administered
by the Food and Drug Administration, by other non-Federal
government agencies, or by qualified nongovernmental
organizations. A person may be accredited for the review of
applications submitted under sections 587B as described in
subsection (a)(1)(A), for the review of applications submitted
under section 587D as described in subsection (a)(1)(B), and to
conduct inspection activities under subsection (a)(1)(C), or
for a subset of such reviews or activities.
``(2) Eligible persons.--
``(A) Minimum qualifications.--An accredited
person, at a minimum, shall--
``(i) not be an employee of the Federal
Government;
``(ii) not engage in the activities of a
developer, as defined in section 587(7);
``(iii) not be a person required to
register under section 587J, unless such person
has established sufficient processes and
protocols to separate activities to develop in
vitro clinical tests and the activities for
which such person would be accredited under
subsection (a) and discloses applicable
information under this section;
``(iv) not be owned or controlled by, and
shall have no organizational, material, or
financial affiliation with, an in vitro
clinical test developer or other person
required to register under section 587J;
``(v) be a legally constituted entity
permitted to conduct the activities for which
it seeks accreditation;
``(vi) ensure that the operations of such
person are in accordance with generally
accepted professional and ethical business
practices; and
``(vii) include in its request for
accreditation a commitment to, at the time of
accreditation and at any time it is performing
activities pursuant to this section--
``(I) certify that the information
reported to the Secretary accurately
reflects the data or protocol reviewed,
and the documented inspection findings,
as applicable;
``(II) limit work to that for which
competence and capacity are available;
``(III) treat information received
or learned, records, reports, and
recommendations as proprietary
information of the person submitting
such information; and
``(IV) in conducting the activities
for which the person is accredited in
respect to a particular in vitro
clinical test, protect against the use
of any employee or consultant who has a
financial conflict of interest
regarding that in vitro clinical test.
``(B) Waiver.--The Secretary may waive any
requirements in clause (i), (ii), (iii), or (iv) of
subparagraph (A) upon making a determination that such
person has implemented other appropriate controls
sufficient to ensure a competent and impartial review.
``(3) Accreditation process.--
``(A) Accreditation process guidance and
regulations.--Not later than 180 days after the date of
enactment of the VALID Act of 2023, the Secretary shall
issue draft guidance specifying the process for
submitting a request for accreditation and
reaccreditation under this section, including the form
and content of information to be submitted, including
the criteria that the Secretary will consider to
accredit or deny accreditation and, not later than 1
year after the close of the comment period for the
draft guidance, issue final guidance.
``(B) Response to request.--The Secretary shall
respond to a request for accreditation or
reaccreditation within 60 calendar days of the receipt
of the request. The Secretary's response may be to
accredit or reaccredit the person, to deny
accreditation, or to request additional information in
support of the request. If the Secretary requests
additional information, the Secretary shall respond
within 60 calendar days of receipt of such additional
information to accredit or deny the accreditation.
``(C) Type of accreditation.--The accreditation or
reaccreditation of a person shall specify the
particular activity or activities under subsection (a)
for which such person is accredited, and shall include
any limitation to certain eligible in vitro clinical
tests.
``(D) Public list.--The Secretary shall publish on
the website of the Food and Drug Administration a list
of persons who are accredited under this section. Such
list shall be updated on at least a monthly basis. The
list shall specify the particular activity or
activities under this section for which the person is
accredited.
``(E) Audit.--The Secretary may audit the
performance of persons accredited under this section
for purposes of ensuring that such persons continue to
meet the published criteria for accreditation, and may
modify the scope or particular activities for which a
person is accredited if the Secretary determines that
such person fails to meet one or more criteria for
accreditation.
``(F) Suspension or withdrawal.--The Secretary may
suspend or withdraw accreditation of any person
accredited under this section, after providing notice
and an opportunity for an informal hearing, when such
person is substantially not in compliance with the
requirements of this section or the published criteria
for accreditation, or poses a threat to public health,
or fails to act in a manner that is consistent with the
purposes of this section.
``(G) Reaccreditation.--Accredited persons may be
initially accredited for up to 3 years. After
expiration of such initial period, persons may be
reaccredited for unlimited additional 5-year periods,
as determined by the Secretary.
``(e) Compensation of Accredited Persons.--Compensation of an
accredited person shall be determined by agreement between the
accredited person and the person who engages the services of the
accredited person, and shall be paid by the person who engages such
services.
``(f) International Harmonization.--Notwithstanding any other
provision of this section, to facilitate international harmonization
the Secretary may recognize persons accredited or recognized by
governments, who have also entered into information sharing agreements,
including confidentiality commitments, with the Commissioner of Food
and Drugs.
``(g) Information Sharing Agreements.--An accredited person may
enter into an agreement with a test developer to provide information to
the comprehensive test information system under section 587T, including
any requirements under section 587J.
``(h) Reports.--Not later than 2 years after the effective date of
the VALID Act of 2023, and annually thereafter for the next 4 years,
the Secretary shall post on the website of the Food and Drug
Administration, a report describing the Secretary's performance in
implementing this section, including the Secretary's progress in
minimizing duplicative reviews of applications for which an accredited
person finds the criteria for approval are met. Such reports shall
include, for each period--
``(1) with regard to premarket approval applications--
``(A) the total number of findings transmitted to
the Secretary under subsection (b)(1)(A)(i);
``(B) the total number of determinations made by
the Secretary under subsection (b)(1)(B)(i) within 30
calendar days of the transmittal date to approve an
application;
``(C) the total number of determinations made by
the Secretary under subsection (b)(1)(B)(ii) within 30
calendar days of the transmittal date to deny approval
of an application; and
``(D) the total number of applications that were
approved and the total number of applications that were
denied approval, after the Secretary failed to make a
determination within 30 calendar days of the
transmittal date under subsection (b)(1)(B); and
``(2) with regard to applications for technology
certification--
``(A) the total number of recommendations
transmitted to the Secretary under subsection
(b)(2)(A)(i);
``(B) the total number of determinations made by
the Secretary under subsection (b)(2)(B)(i) to issue a
technology certification order, including
determinations made within 30 days of the transmittal
date;
``(C) the total number of determinations made by
the Secretary under subsection (b)(2)(B)(ii) to deny
the application for technology certification, including
determinations made within 30 calendar days of the
transmittal date; and
``(D) the total number of technology certification
orders issued, and the total number of applications for
technology certification that were denied, including
applications denied after the Secretary failed to make
a determination within 30 calendar days of the
transmittal date under subsection (b)(2)(B).
``SEC. 587R. RECOGNIZED STANDARDS.
``(a) In General.--The Secretary may recognize all or part of
appropriate standards established by nationally or internationally
recognized standards development organizations for which a person may
submit a declaration of conformity in order to meet a requirement under
this subchapter to which that standard is applicable. Standards for in
vitro diagnostic devices previously recognized under section 514(c)
shall be considered recognized standards under this section. Recognized
and proposed standards shall be accessible to the public at no charge.
The application of any such consensus standard shall only apply
prospectively. The Secretary shall issue regulations establishing the
criteria and process, for such recognition and adoption.
``(b) Amendment Process.--The procedures established in this
section or in regulation or guidance issued under this section shall
apply to amendment of an existing standard.
``SEC. 587S. INVESTIGATIONAL USE.
``(a) In General.--Subject to the conditions prescribed in
subsections (c), (d), (e), (f), and (g), an in vitro clinical test for
investigational use shall be exempt from the requirements of this
subchapter, other than sections 587A, 587P, 587T, and 587V. The
Secretary may amend parts 50, 54, and 56 of title 21 of the Code of
Federal Regulations to apply to in vitro clinical tests to permit the
investigational use of such tests by experts qualified by scientific
training and experience.
``(b) Regulations.--
``(1) In general.--Not later than 3 years after the date of
enactment of the VALID Act of 2023, the Secretary shall
promulgate regulations to implement this section.
``(2) Variation.--The requirements in the regulations
promulgated under this section shall take into account
variations based on--
``(A) the scope and duration of clinical testing to
be conducted under investigation that is the subject of
such application;
``(B) the number of human subjects that are to be
involved in such testing;
``(C) the need to permit changes to be made to the
in vitro clinical test involved during testing
conducted in accordance with a plan required under
subsection (c)(6); or
``(D) whether the clinical testing of such in vitro
clinical test is for the purpose of developing data to
obtain approval to offer such test.
``(c) Application for Investigational Use.--The following shall
apply with respect to in vitro clinical tests for investigational use:
``(1) Significant risk and other studies.--In the case of
an in vitro clinical test the investigational use of which
poses a significant risk to the human subject or involves an
exception from informed consent for emergency research, a
sponsor of an investigation of such a test seeking an
investigational use exemption shall submit to the Secretary an
investigational use application with respect to the in vitro
clinical test in accordance with paragraphs (3) and (4).
``(2) Non-significant risk studies.--In the case of an in
vitro clinical test, the investigational use of which is not
described in paragraph (1)--
``(A) the sponsor of such investigation shall--
``(i) ensure such investigation is
conducted in compliance with an investigational
plan approved by an institutional review
committee and the labeling of the in vitro
clinical test involved clearly and
conspicuously states, `For investigational use
only', as specified in paragraph (4)(A)(ii);
``(ii) ensure each investigator obtains
informed consent as required under part 50, 54,
and 56 of title 21, Code of Federal Regulations
(or any successor regulations), subject to the
exceptions set forth in paragraph (6)(C);
``(iii) establish and maintain records with
respect to all requirements in this
subparagraph;
``(iv) maintain records and make reports as
required by the Secretary pursuant to
regulations issued under subsection (b); and
``(v) ensure that investigators monitor
investigations, maintain records and make
reports as required by the Secretary pursuant
to regulations issued under subsection (b); and
``(B) the sponsor may rely on any exception or
exemption described in paragraph (4) or as established
by the Secretary in regulations issued under subsection
(b).
``(3) Application.--An investigational use application
shall be submitted in such time and manner and contain such
information as the Secretary may require in regulation, and
shall include an investigational plan for proposed clinical
testing and assurances that the sponsor submitting the
application will--
``(A) establish and maintain records relevant to
the investigation of such in vitro clinical test; and
``(B) submit to the Secretary annual reports of
data obtained as a result of the investigational use of
the in vitro clinical test during the period covered by
the exemption that the Secretary reasonably determines
will enable the Secretary--
``(i) to ensure compliance with the
conditions for the exemption specified in
paragraph (4);
``(ii) to review the progress of the
investigation involved; and
``(iii) to evaluate the ability to meet the
applicable standard.
``(4) Conditions for exemption.--An application for an
investigational use exemption with respect to a significant
risk study shall be granted if each of the following conditions
is met:
``(A) The risks to the subjects of the in vitro
clinical test are outweighed by the anticipated
benefits of the test to the subjects and the importance
of the knowledge to be gained, and adequate assurance
of informed consent is provided in accordance with
paragraphs (6)(B) and (6)(C).
``(B) The proposed labeling for the in vitro
clinical test involved clearly and conspicuously states
`For investigational use only'.
``(C) Such other requirements the Secretary
determines--
``(i) are necessary for the protection of
the public health and safety; and
``(ii) do not unduly delay investigation.
``(5) Coordination with investigational new drug
applications.--Any requirement for the submission of a report
to the Secretary pursuant to an application for an
investigational new drug exemption involving an in vitro
clinical test shall supersede the reporting requirement under
paragraph (3)(B), but only to the extent the requirement with
respect to the application for exemption with respect to the
drug is duplicative of the reporting requirement under such
paragraph.
``(6) Investigational plan, procedures, and conditions.--
With respect to an investigational plan submitted under
paragraph (3), the sponsor submitting such plan shall--
``(A) promptly notify the Secretary of the approval
or the suspension or termination of the approval of
such plan by an institutional review committee;
``(B) in the case of an in vitro clinical test made
available to investigators for clinical testing, obtain
agreements from each investigator that any testing of
the in vitro clinical test involving human subjects
will be under such investigator's supervision and in
accordance with paragraph (C) and submit such
agreements to the Secretary that ensure--
``(i) all investigators will comply with
this section, regulations promulgated or
revised under this section, and applicable
human subjects regulations; and
``(ii) the investigator will ensure that--
``(I) informed consent is obtained
as required under part 50 of title 21,
Code of Federal Regulations (or any
successor regulations), amended to
apply to in vitro clinical tests; and
``(II) the requirements for
institutional review board under part
56 of title 21 of the Code of Federal
Regulations (or successor regulations),
amended to apply to in vitro clinical
tests, are met; and
``(C) ensure that informed consent will be obtained
from each human subject (or the representative of such
subject) of proposed clinical testing involving such in
vitro clinical test, except where, subject to such
other conditions as the Secretary may prescribe--
``(i) the proposed clinical testing poses
no more than minimal risk to the human subject
and includes appropriate safeguards to protect
the rights, safety, and welfare of the human
subject; or
``(ii) the investigator conducting or
supervising the clinical testing determines in
writing that there exists a life-threatening
situation involving the human subject of such
testing which necessitates the use of such in
vitro clinical test and it is not feasible to
obtain informed consent from the subject and
there is not sufficient time to obtain such
consent from a representative of such subject.
``(7) Concurred by licensed physician.--The determination
required by paragraph (6)(C)(ii) shall be concurred in writing
by a licensed physician who is not involved in the testing of
the human subject with respect to which such determination is
made unless immediate use of the in vitro clinical test is
required to save the life of the human subject of such testing
and there is not sufficient time to obtain such concurrence.
``(8) Significant risk.--For purposes of this subsection,
the term `significant risk' means, with respect to an in vitro
clinical test, that the use of such in vitro clinical test--
``(A) is of substantial importance in performing an
activity or activities described in section 201(ss)(1)
for, a serious or life-threatening disease or condition
without confirmation of the diagnosis by a medically
established diagnostic product or procedure;
``(B) requires an invasive sampling procedure that
presents a significant risk to the human subject,
provided that routine venipuncture shall not be
considered an invasive sampling procedure; or
``(C) otherwise presents a potential for serious
risk to the health of a human subject.
``(d) Review of Applications.--
``(1) In general.--The Secretary may issue an order
approving an investigation as proposed, approving it with
conditions or modifications, or disapproving it.
``(2) Failure to act.--Unless the Secretary, not later than
30 calendar days after the date of the submission of an
application for an investigational use exemption that meets the
requirements of subsection (c), issues an order under paragraph
(1) and notifies the sponsor submitting the application, the
application shall be treated as approved as of such date
without further action by the Secretary.
``(3) Denial.--The Secretary may deny an investigational
use application submitted under this subsection if the
Secretary determines that the investigation with respect to
which the application is submitted does not conform to the
requirements of subsection (c). A notification of such denial
submitted to the sponsor with respect to such a request shall
contain the order of disapproval and a complete statement of
the reasons for the Secretary's denial of the application.
``(e) Withdrawal of Exemption.--
``(1) In general.--The Secretary may, by administrative
order, withdraw an exemption approved under this section with
respect to an in vitro clinical test, including an exemption
treated as approved based on the Secretary's failure to act
pursuant to subsection (d)(2), if the Secretary determines that
an investigation conducted under such an exemption does not
meet the applicable conditions under subsection (c)(3) for such
exemption.
``(2) Opportunity to be heard.--
``(A) In general.--Subject to subparagraph (B), an
order withdrawing an investigational use exemption
granted under this section may be issued only after the
Secretary provides the sponsor of the in vitro clinical
test with an opportunity for an informal hearing.
``(B) Exception.--An order referred to in
subparagraph (A) with respect to an investigational use
exemption granted under this section may be issued on a
preliminary basis before the provision of an
opportunity for an informal hearing if the Secretary
determines that the continuation of testing under the
exemption will result in an unreasonable risk to the
public health. The Secretary will provide an
opportunity for an informal hearing promptly following
any preliminary action under this subparagraph.
``(f) Changes.--
``(1) In general.--The regulations promulgated under
subsection (b) shall provide, with respect to an in vitro
clinical test for which an exemption under this subsection is
in effect, procedures and conditions under which changes are
allowed without the additional approval of an application for
an exemption or submission of a supplement to such an
application. Such regulations shall provide that such a change
may be made if--
``(A) the sponsor determines, on the basis of
credible information (as defined in regulations) that
the change meets the conditions specified in paragraph
(2); and
``(B) the sponsor submits to the Secretary, not
later than 5 calendar days after making the change, a
notice of the change.
``(2) Conditions.--The conditions specified in this
paragraph are that--
``(A) in the case of developmental changes to an in
vitro clinical test, including manufacturing changes,
the changes--
``(i) do not constitute a significant
change in design or in basic principles of
operation;
``(ii) do not affect the rights, safety, or
welfare of the human subjects involved in the
investigation; and
``(iii) are made in response to information
gathered during the course of an investigation;
and
``(B) in the case of changes to clinical protocols
applicable to the test, the changes do not affect--
``(i) the validity of data or information
resulting from the completion of an approved
clinical protocol, or the relationship of
likely patient risk to benefit relied upon to
approve a product;
``(ii) the scientific soundness of a plan
submitted under subsection (c)(3); or
``(iii) the rights, safety, or welfare of
the human subjects involved in the
investigation.
``(g) Clinical Hold.--
``(1) In general.--At any time, the Secretary may impose a
clinical hold with respect to an investigation of an in vitro
clinical test if the Secretary makes a written determination
described in paragraph (2). The Secretary shall, in imposing
such clinical hold, specify the basis for the clinical hold,
including the specific information available to the Secretary
which served as the basis for such clinical hold, and confirm
such determination in writing. The applicant may immediately
appeal any such determination pursuant to section 587P.
``(2) Determination.--
``(A) In general.--For purposes of paragraph (1), a
determination described in this subparagraph with
respect to a clinical hold is a determination that,
based on credible evidence, the in vitro clinical test
involved represents an unreasonable risk to the safety
of the persons who are the subjects of the clinical
investigation, taking into account the qualifications
of the clinical investigators, information about the in
vitro clinical test, the design of the clinical
investigation, the condition for which the in vitro
clinical test is to be investigated, and the health
status of the subjects involved.
``(B) Removal of clinical hold.--Any written
request to the Secretary from the sponsor of an
investigation that a clinical hold be removed shall
receive a decision, in writing and specifying the
reasons therefor, within 30 days after receipt of such
request. Any such request shall include sufficient
information to support the removal of such clinical
hold.
``SEC. 587T. COMPREHENSIVE TEST INFORMATION SYSTEM.
``(a) Establishment.--Not later than 2 years after the date of
enactment of the VALID Act of 2023, the Secretary shall make available
a comprehensive test information system for in vitro clinical tests
that is designed to--
``(1) provide a transparent interface on the website of the
Food and Drug Administration for stakeholders, to the extent
permitted by applicable law, which may include access to the--
``(A) regulatory pathway designation information
for each in vitro clinical test or tests with the same
indications for use;
``(B) registration and listing information provided
by developers under section 587J, including the use of
a link for labels;
``(C) adverse event reports submitted under section
587M, as appropriate;
``(D) reports of corrections and removals submitted
under section 587N; and
``(E) other information pertaining to an in vitro
clinical test or tests with the same indications for
use, as the Secretary determines appropriate; and
``(2) provide a secure portal for electronic submission,
including applications and other in vitro clinical test
submissions, registration and listing information, and adverse
event reports, which provides protections from unauthorized
disclosure of information, including of--
``(A) trade secret or confidential commercial or
financial information; and
``(B) information that could compromise national
security.
``(b) Submission Function.--The comprehensive test information
system shall serve as the electronic submission service for test
developers submitting information for applications under sections 587B
and 587D.
``SEC. 587U. PREEMPTION.
``(a) In General.--Except as provided in subsection (b), no State,
Tribal, or local government (or political subdivision thereof) may
establish or continue in effect any requirement--
``(1) that is different from, or in addition to, any
requirement applicable to an in vitro clinical test under this
Act; or
``(2) with respect to the analytical validity, clinical
validity, or safety for individuals who come into contact with
such an in vitro clinical test.
``(b) Exceptions.--Subsection (a) shall not be construed to affect
the authority of a State, Tribal, or local government to do any of the
following:
``(1) To license laboratory personnel, health care
practitioners, or health care facilities or to regulate any
aspect of a health care practitioner-patient relationship.
``(2) To enforce laws of general applicability, such as
zoning laws, environmental laws, labor laws, and general
business laws.
``(3) To authorize laboratories to develop and perform an
in vitro clinical test, pursuant to a law enacted by a State
prior to January 1, 2022, as long as such law does not impose
requirements that are different from any requirement applicable
to an in vitro clinical test under this Act. If a State has
enacted such a law, the Secretary shall exempt such test for
laboratories in that State from compliance with this
subchapter.
``(c) Clarification.--Nothing in this section shall be construed
to--
``(1) modify any action for damages or the liability of any
person under the law of any State; or
``(2) shift liability to health care practitioners or other
users.
``SEC. 587V. ADULTERATION.
``An in vitro clinical test shall be deemed to be adulterated:
``(1) If it consists in whole or in part of any filthy,
putrid, or decomposed substance.
``(2) If it has been developed, prepared, packed, or held
under insanitary conditions whereby it may have been
contaminated with filth, or whereby it may have been rendered
injurious to health.
``(3) If its container or package is composed, in whole or
in part, of any poisonous or deleterious substance which may
render the contents injurious to health.
``(4) If it bears or contains, for purposes of coloring
only, a color additive which is unsafe within the meaning of
section 721(a).
``(5) If its analytical or clinical validity, as
applicable, or with respect to a specimen receptacle, its
safety, falls below that which it purports or is represented to
possess.
``(6) If it is required to be, declared to be, purports to
be, or is represented as being, in conformity with any
performance standard established or recognized under section
587R and is not in conformity with such standard.
``(7) If it is required to be in compliance with mitigating
measures established under section 587E and is not in
conformity with such mitigating measures.
``(8) If it fails to have in effect an approved premarket
application under section 587B, unless such in vitro clinical
test is in compliance with the requirements for--
``(A) offering without an approved premarket
application under section 587D(b)(1);
``(B) an exemption from premarket approval under
section 587C or 587G; or
``(C) investigational use pursuant to section 587S.
``(9) If it is not in conformity with any condition
established under section 587B or 587D.
``(10) If it purports to be an in vitro clinical test
subject to an exemption under section 587C and it fails to meet
or maintain any criteria, condition, or requirement of such
exemption.
``(11) If it has been granted an exemption under section
587S for investigational use, and the person granted such
exemption or any investigator who uses such in vitro clinical
test under such exemption fails to comply with a requirement
prescribed by or under such section.
``(12) If it fails to meet the quality requirements
prescribed in or established under section 587K (as
applicable), or the methods used in, or facilities or controls
used for, its development, packaging, storage, or installation
are not in conformity with applicable requirements established
under such section.
``(13) If it has been developed, processed, packaged, or
held in any establishment, factory, or warehouse and the owner,
operator or agent of such establishment, factory, or warehouse
delays, denies, or limits an inspection, or refuses to permit
entry or inspection.
``(14) If it is not in compliance with any restriction
required under section 587O.
``SEC. 587W. MISBRANDING.
``An in vitro clinical test shall be deemed to be misbranded:
``(1) If its labeling is false or misleading in any
particular.
``(2) If in a package form unless it bears a label
containing--
``(A) the name and place of business of the test
developer, packager, or distributor; and
``(B) an accurate statement of the quantity of
contents in terms of weight, measure, or numerical
count, unless an exemption is granted by the Secretary
by the issuance of guidance, such as with respect to
small packages.
``(3) If any word, statement, or other information required
by or under authority of this Act to appear on the label or
labeling, including a test report, is not prominently placed
thereon with such conspicuousness (as compared with other
words, statements, designs, or devices, in the labeling) and in
such terms as to render it likely to be read and understood by
the ordinary individual under customary conditions of purchase
and use.
``(4) Unless its labeling bears adequate directions for use
and such adequate warnings as are necessary for the protection
of users of the in vitro clinical test and recipients of the
results of such in vitro clinical test, including patients,
consumers, donors, and related health care professionals.
Required labeling for in vitro clinical tests intended for use
in health care facilities, blood establishments, or by a health
care professional may be made available solely by electronic
means, provided that the labeling complies with all applicable
requirements of law, and that the test developer, or
distributor affords such users the opportunity to request the
labeling in paper form, and after such request, promptly
provides the requested information without additional cost.
``(5) If there is a reasonable probability that it could
cause serious or adverse health consequences or death,
including through absence, delay, or discontinuation in
diagnosis or treatment, when used in the manner prescribed,
recommended, or suggested in the labeling thereof.
``(6) If it was developed, sterilized, packaged,
repackaged, relabeled, installed, or imported in an
establishment not duly registered under section 587J or it was
not included in a listing under section 587J, in accordance
with timely reporting requirements under this subchapter.
``(7) In the case of any in vitro clinical test subject to
restrictions under section 587O, (1) if its advertising is
false or misleading in any particular, (2) if it is offered for
clinical use, sold, distributed, or used in violation of such
restrictions, or (3) unless the test developer or distributor
includes in all advertisements and other descriptive printed
matter that such person issues or causes to be issued, a brief
statement of the indications for use of the in vitro clinical
test and relevant warnings, precautions, side effects, and
contraindications. This paragraph shall not be applicable to
any printed matter that the Secretary determines to be labeling
as defined in section 201(m).
``(8) If it is subject to a mitigating measure established
under section 587E and does not bear such labeling as may be
prescribed in such mitigating measure.
``(9) If it is subject to a standard established under
section 587R and it does not bear such labeling as may be
prescribed in such standard.
``(10) Unless it bears such labeling as may be required by
or established under an applicable labeling requirement under
this Act.
``(11) If there was a failure to comply with any
requirement prescribed in or under section 587D, 587J, 587K,
587L, 587M, 587N, 587X, 587Y, 587Z, or to provide any report,
material, or other information required with respect to in
vitro clinical tests under this subchapter.
``SEC. 587X. POSTMARKET SURVEILLANCE.
``(a) In General.--
``(1) In general.--In addition to other applicable
requirements under this Act, the Secretary may issue an order
requiring a developer of a high-risk or moderate-risk in vitro
clinical test to conduct postmarket surveillance of such in
vitro clinical test, if the failure of the in vitro clinical
test is reasonably likely to result in serious adverse health
consequences or death from use of such in vitro clinical test.
``(2) Consideration.--In determining whether to require a
developer to conduct postmarket surveillance of an in vitro
clinical test, the Secretary shall take into consideration the
benefits and risks for the patient and the least burdensome
requirements under section 587AA(c).
``(b) Surveillance Approval.--
``(1) In general.--Each developer required to conduct
surveillance of an in vitro clinical test shall submit, within
30 days of receiving an order from the Secretary, a plan for
the required surveillance. The Secretary, within 60 days of the
receipt of such plan, shall determine if the person designated
to conduct the surveillance has the appropriate qualifications
and experience to undertake such surveillance and if the plan
will result in useful data that can reveal unforeseen adverse
events or other information necessary to protect the health of
patients or the public.
``(2) Timeline.--The developer shall commence surveillance
under this section not later than 15 months after the day on
which the Secretary orders such postmarket surveillance, unless
the Secretary determines more time is needed to commence
surveillance.
``(3) Prospective surveillance.--The Secretary may order a
prospective surveillance period of up to 3 years. Any
determination by the Secretary that a longer period is
necessary shall be made by mutual agreement between the
Secretary and the developer or, if no agreement can be reached,
upon the completion of a dispute resolution process pursuant to
section 562.
``SEC. 587Y. ELECTRONIC FORMAT FOR SUBMISSIONS.
``(a) In General.--All submissions to the Food and Drug
Administration with respect to an in vitro clinical test, unless
otherwise agreed to by the Secretary, shall--
``(1) be made electronically; and
``(2) with respect to the information required under
sections 587B and 587D, utilize the system described in section
587T.
``(b) Electronic Format.--Beginning on such date as the Secretary
specifies in final guidance issued under subsection (c), submissions
for in vitro clinical tests, including recommendations submitted by
accredited and recognized persons under section 587Q, and any appeals
of action taken by the Secretary with respect to such submissions,
shall be submitted in such electronic format as specified by the
Secretary in such guidance.
``(c) Guidance.--The Secretary shall issue guidance implementing
this section. Such guidance may--
``(1) provide standards for the electronic submission
required under subsection (a) or the submission in electronic
format required under subsection (b);
``(2) set forth criteria for waivers of, or exemptions
from, the requirements of subsection (a) or (b); and
``(3) provide any other information for the efficient
implementation and enforcement of this section.
``SEC. 587Z. POSTMARKET REMEDIES.
``(a) Safety Notice.--
``(1) In general.--If the Secretary determines that an in
vitro clinical test presents an unreasonable risk of
substantial harm to the public health, and notification under
this subsection is necessary to eliminate the unreasonable risk
of such harm and no more practicable means is available under
the provisions of this Act (other than this section) to
eliminate the risk, the Secretary may issue such order as may
be necessary to ensure that adequate safety notice is provided
in an appropriate form, by the persons and means best suited
under the circumstances, to all health care professionals who
prescribe, order, or use the in vitro clinical test and to any
other person (including developers, importers, distributors,
retailers, and users) who should properly receive such notice.
``(2) Notice to individuals.--An order under this
subsection shall require that the individuals subject to the
risk with respect to which the order is to be issued be
included in the persons to be notified of the risk unless the
Secretary determines that notice to such individuals would
present a greater danger to the health of such individuals than
no such notice. If the Secretary makes such a determination
with respect to such individuals, the order shall require the
health care professionals who prescribed, ordered, or used the
in vitro clinical test provide notification to the individuals
for whom the health professionals prescribed, ordered, or used
such test, of the risk presented by such in vitro clinical test
and of any action which may be taken by or on behalf of such
individuals to eliminate or reduce such risk. Before issuing an
order under this subsection, the Secretary shall consult with
the persons required to give notice under the order.
``(b) Repair, Replacement, or Refund.--
``(1) Determination after an informal hearing.--
``(A) In general.--If, after affording opportunity
for an informal hearing, the Secretary determines
that--
``(i) an in vitro clinical test presents an
unreasonable risk of substantial harm to the
public health;
``(ii) there are reasonable grounds to
believe that the in vitro clinical test was not
properly developed or manufactured considering
the state of the art as it existed at the time
of its development;
``(iii) there are reasonable grounds to
believe that the unreasonable risk was not
caused by failure of a person other than a
developer, importer, distributor, or retailer
of the in vitro clinical test to exercise due
care in the installation, maintenance, repair,
or use of the in vitro clinical test; and
``(iv) the notice authorized by subsection
(a) would not by itself be sufficient to
eliminate the unreasonable risk and action
described in paragraph (2) of this subsection
is necessary to eliminate such risk,
the Secretary may order the developer, importer, or any
distributor of such in vitro clinical test, or any
combination of such persons, to submit to him within a
reasonable time a plan for taking one or more of the
actions described in paragraph (2). An order issued
under the preceding sentence which is directed to more
than one person shall specify which person may decide
which action shall be taken under such plan and the
person specified shall be the person who the Secretary
determines bears the principal, ultimate financial
responsibility for action taken under the plan unless
the Secretary cannot determine who bears such
responsibility or the Secretary determines that the
protection of the public health requires that such
decision be made by a person (including a health
professional or user of the in vitro clinical test)
other than the person the Secretary determines bears
such responsibility.
``(B) Secretary approval of plan.--The Secretary
shall approve a plan submitted pursuant to an order
issued under subparagraph (A) unless the Secretary
determines (after affording opportunity for an informal
hearing) that the action or actions to be taken under
the plan or the manner in which such action or actions
are to be taken under the plan will not assure that the
unreasonable risk with respect to which such order was
issued will be eliminated. If the Secretary disapproves
a plan, the Secretary shall order a revised plan to be
submitted within a reasonable time. If the Secretary
determines (after affording opportunity for an informal
hearing) that the revised plan is unsatisfactory or if
no revised plan or no initial plan has been submitted
to the Secretary within the prescribed time, the
Secretary shall--
``(i) prescribe a plan to be carried out by
the person or persons to whom the order issued
under subparagraph (A) was directed; or
``(ii) after affording an opportunity for
an informal hearing, by order prescribe a plan
to be carried out by a person who is a
developer, importer, distributor, or retailer
of the in vitro clinical test with respect to
which the order was issued but to whom the
order under subparagraph (A) was not directed.
``(2) Actions on a plan.--The actions that may be taken
under a plan submitted under an order issued under paragraph
(1)(A) are as follows:
``(A) To repair the in vitro clinical test so that
it does not present the unreasonable risk of
substantial harm with respect to which the order under
paragraph (1)(A) was issued.
``(B) To replace the in vitro clinical test with a
like or equivalent test which is in conformity with all
applicable requirements of this Act.
``(C) To refund the purchase price of the in vitro
clinical test (less a reasonable allowance for use if
such in vitro clinical test has been in the possession
of the user for one year or more at the time of notice
ordered under subsection (a), or at the time the user
receives actual notice of the unreasonable risk with
respect to which the order was issued under paragraph
(1)(A), whichever occurs first).
``(3) No charge.--No charge shall be made to any person
(other than a developer, importer, distributor, or retailer)
for using a remedy described in paragraph (2) and provided
under an order issued under paragraph (1), and the person
subject to the order shall reimburse each person (other than a
developer, manufacturer, importer, distributor, or retailer)
who is entitled to such a remedy for any reasonable and
foreseeable expenses actually incurred by such person in using
such remedy.
``(c) Reimbursement.--An order issued under subsection (b)(1)(A)
with respect to an in vitro clinical test may require any person who is
a developer, importer, distributor, or retailer of the in vitro
clinical test to reimburse any other person who is a developer,
importer, distributor, or retailer of such in vitro clinical test for
such other person's expenses actually incurred in connection with
carrying out the order if the Secretary determines such reimbursement
is required for the protection of the public health. Any such
requirement shall not affect any rights or obligations under any
contract to which the person receiving reimbursement or the person
making such reimbursement is a party.
``(d) Recall Authority.--
``(1) In general.--If the Secretary finds that there is a
reasonable probability that an in vitro clinical test approved
under section 587B or offered under a technology certification
order under section 587D would cause serious, adverse health
consequences or death, including by the absence, significant
delay, or discontinuation of appropriate medical treatment, the
Secretary shall issue an order requiring the appropriate person
(including the developers, importers, distributors, or
retailers of the in vitro clinical test)--
``(A) to immediately cease distribution of such in
vitro clinical test; and
``(B) to immediately notify health professionals
and applicable in vitro clinical test user facilities
of the order and to instruct such professionals and
facilities to cease use of such in vitro clinical test.
``(2) Informal hearing.--The order issued under paragraph
(1)(A), shall provide the person subject to the order with an
opportunity for an informal hearing, to be held not later than
10 calendar days after the date of the issuance of the order,
on the actions required by the order and on whether the order
should be amended to require a recall of such in vitro clinical
test. If, after providing an opportunity for such a hearing,
the Secretary determines that inadequate grounds exist to
support the actions required by the order, the Secretary shall
vacate the order.
``(3) Amended order.--
``(A) In general.--If, after providing an
opportunity for an informal hearing under paragraph
(2), the Secretary determines that the order should be
amended to include a recall of the in vitro clinical
test with respect to which the order was issued, the
Secretary shall, except as provided in subparagraph
(B), amend the order to require a recall. The Secretary
shall specify a timetable in which the recall will
occur and shall require periodic reports describing the
progress of the recall.
``(B) Requirements.--An amended order under
subparagraph (A)--
``(i) shall not include recall of the in
vitro clinical test from individuals;
``(ii) shall not include recall of an in
vitro clinical test from test user facilities
if the Secretary determines that the risk of
recalling such in vitro clinical test from the
facilities presents a greater health risk than
the health risk of not recalling the in vitro
clinical test from use; and
``(iii) shall provide for notice to
individuals subject to the risks associated
with the use of such in vitro clinical test. In
providing the notice required by this clause,
the Secretary may use the assistance of health
professionals who prescribed, ordered, or used
such an in vitro clinical test for individuals.
``(4) Clarification.--The remedy provided by this
subsection shall be in addition to remedies provided by
subsections (a), (b), and (c).
``SEC. 587AA. APPLICABILITY.
``(a) In General.--An in vitro clinical test shall be subject to
the requirements of this subchapter, except as otherwise provided in
this subchapter. Laboratory operations shall not be subject to the
requirements of this subchapter.
``(b) Interstate Commerce.--Any in vitro clinical test that is
offered, including by making available for clinical use in the United
States is deemed to be an act that constitutes introduction into
interstate commerce for purposes of enforcing the requirements of this
Act.
``(c) Least Burdensome Requirements.--
``(1) In general.--In carrying out this subchapter, the
Secretary shall consider the least burdensome means necessary
to meet the applicable standard, and other regulatory
requirements, as determined by the Secretary.
``(2) Necessary defined.--For purposes of paragraph (1),
the term `necessary' means the minimum required information
that would support a determination by the Secretary that the
application meet the applicable standard or regulatory
requirement, as determined by the Secretary.
``(d) Service of Orders.--Orders of the Secretary under this
section with respect to applications under subsection (a) or (b) of
section 587B or supplements under subsection (f) of such section shall
be served--
``(1) in person by any officer or employee of the
Department of Health and Human Services designated by the
Secretary; or
``(2) by mailing the order by registered mail or certified
mail or electronic equivalent addressed to the applicant at the
last known address in the records of the Secretary.
``(e) Laboratories and Blood and Tissue Establishments.--
``(1) Relation to laboratory certification pursuant to
section 353 of the public health service act.--Nothing in this
subchapter shall be construed to modify the authority of the
Secretary with respect to laboratories or clinical laboratories
under section 353 of the Public Health Service Act.
``(2) Avoiding duplication.--In implementing this
subchapter, the Secretary shall avoid issuing or enforcing
regulations or guidance that are duplicative of regulations or
guidance under section 353 of the Public Health Service Act
such that laboratories would be subject to conflicting
regulatory obligations with respect to the same activity.
``(3) Blood and tissue.--Nothing in this subchapter shall
be construed to modify the authority of the Secretary with
respect to laboratories, establishments, or other facilities to
the extent they are engaged in the propagation, manufacture, or
preparation, including filling, labeling, packaging, and
storage, of blood, blood components, human cells, tissues, or
tissue products pursuant to any requirements under this Act or
section 351 or 361 of the Public Health Service Act.
``(f) Not Combination Product.--
``(1) In general.--A product constituted of a device and an
in vitro clinical test is not a combination product and may be
regulated as a device or as a device and in vitro clinical
test, notwithstanding section 201(ss)(3).
``(2) Guidance.--Not later than October 1, 2026, the
Secretary shall issue final guidance, after an opportunity for
public comment, addressing the considerations for regulating a
product described in paragraph (1). Such guidance shall take
into account the least burdensome requirements under subsection
(c).
``(g) Practice of Medicine.--Nothing in this subchapter shall be
construed to limit or interfere with the authority of a health care
practitioner to prescribe or administer any lawfully offered in vitro
clinical test for any condition or disease within a legitimate health
care practitioner-patient relationship pursuant to applicable Federal
or State law.
``(h) Sale, Distribution, Labeling.--Nothing in this section shall
be construed to limit the authority of the Secretary to establish or
enforce restrictions on the sale, distribution, or labeling of an in
vitro clinical test under this Act.
``(i) Promotion of Unapproved Uses.--Nothing in this section shall
be construed to alter any prohibition on the promotion of unapproved
uses of legally offered in vitro clinical tests.
``(j) Voluntary Submissions.--Nothing in section 587C shall be
construed to prevent a developer developing a test described in such
section, including an academic medical center laboratory described in
subsection (a)(7) of such section, from filing an application under
section 587B or section 587D, or from adhering to the requirements of
section 587K with regard to a test protocol described in section 587K
or for any other test or use of a test.
``SEC. 587BB. JUDICIAL REVIEW.
``(a) In General.--Not later than 30 days after an order issued
pursuant to section 587B or 587D, any person adversely affected by such
order may file a petition with the United States Court of Appeals for
the District of Columbia or for the circuit wherein such person resides
or has a principal place of business for judicial review of such order,
in accordance with the procedure set forth in section 517(a).
``(b) Application of Provisions.--Subsections (a) through (e) of
section 517 shall apply with respect to a petition under subsection (a)
of this section in the same manner such subsections apply to a petition
under section 517. Subsection (f) of section 517 shall apply to an
order issued under section 587B or 587D.''.
SEC. 4. ENFORCEMENT AND OTHER PROVISIONS.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(1) in paragraphs (a), (b), (c), (g), (h), (k), (q), (r),
and (y), by inserting ``in vitro clinical test,'' after
``device,'' each place it appears;
(2) in paragraph (g), by inserting after ``misbranded'' the
following: ``, and the development within any Territory of any
in vitro clinical test that is adulterated or misbranded'';
(3) in paragraph (y), by inserting ``or 587Q'' after
``section 523'' each place it appears;
(4) in paragraph (ff), by striking ``or device'' and
inserting ``, device, or in vitro clinical test''; and
(5) by adding at the end, the following:
``(fff)(1) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp, tag,
label, or other identification upon any in vitro clinical test or
container, packaging, or labeling thereof so as to render such in vitro
clinical test a counterfeit in vitro clinical test.
``(2) Making, selling, disposing of, or keeping in possession,
control, or custody, or concealing any punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark or imprint of another or any
likeness of any of the foregoing upon any in vitro clinical test or
container, packaging, or labeling thereof so as to render such in vitro
clinical test a counterfeit in vitro clinical test.
``(3) The doing of any act which causes an in vitro clinical test
to be a counterfeit in vitro clinical test, or the sale or dispensing,
or the holding for sale or dispensing, of a counterfeit in vitro
clinical test.
``(ggg)(1) The introduction or delivery for introduction into
interstate commerce of an in vitro clinical test in violation of
section 587A(a).
``(2) The making of a false, fraudulent, or deceptive statement
about an in vitro clinical test that is exempt from premarket review
under section 587C.
``(3) The failure to maintain complete and accurate documentation
for an exemption as required under section 587C or the failure to
provide labeling required under section 587L.
``(4) With respect to an in vitro clinical test, the submission of
any application, report, or listing under this Act that is false or
misleading in any material respect.
``(5) The failure to comply with a condition of approval, or
restriction required under an approved application under section 587B;
the failure to perform a risk analysis required by section 587B; the
failure to submit an annual update required under section
587J(c)(2)(B); or the failure to complete postmarket surveillance as
required under section 587X.
``(6) The failure to comply with applicable requirements to submit
an application or report under section 587D(e).
``(7) The failure to comply with applicable mitigating measures
established under section 587E or to submit, maintain, or make
available the documentation required under section 587E(b); or the
failure to comply with applicable performance standards established
under section 587R.
``(8) The failure to register in accordance with section 587J, the
failure to provide information required under section 587J(b), or the
failure to maintain or submit information required under section
587J(c).
``(9) The failure to comply with requirements under section 587M or
587N, the failure to comply with a restriction required under section
587O, or the failure to comply with labeling and advertising
requirements under section 587O(b).
``(10) The failure to comply with the requirements of section 587Q.
``(11) The failure to comply with any requirement of section 587S;
the failure to furnish any notification, information, material, or
report required under section 587S; or the failure to comply with an
order issued under section 587S.
``(12) The failure to furnish information requested by the
Secretary under 587G(d)(2).''.
(b) Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 333) is amended--
(1) in subsection (b)(8), by inserting ``or counterfeit in
vitro clinical test'' after ``counterfeit drug'';
(2) in subsection (c)--
(A) by striking ``; or (5)'' and inserting ``;
(5)''; and
(B) by inserting before the period at the end the
following: ``; or (6) for having violated section
301(fff)(2) if such person acted in good faith and had
no reason to believe that use of the punch, die, plate,
stone, or other thing involved would result in an in
vitro clinical test being a counterfeit in vitro
clinical test, or for having violated section
301(fff)(3) if the person doing the act or causing it
to be done acted in good faith and had no reason to
believe that the in vitro clinical test was a
counterfeit in vitro clinical test''; and
(3) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by inserting ``or in vitro clinical
tests'' after ``which relates to devices'';
(ii) by inserting ``or section 587Q(a)(1)''
after ``section 704(g)''; and
(iii) by inserting ``or in vitro clinical
tests, as applicable'' before the period at the
end of the second sentence; and
(B) in subparagraph (B)(i), by striking ``or
520(f)'' and inserting ``, 520(f), 587K, or 587M,''.
(c) Seizure.--Section 304 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 334) is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and (E)'' and inserting ``,
(E)''; and
(B) by inserting before the period at the end the
following: ``, and (F) Any in vitro clinical test that
is a counterfeit in vitro clinical test, (G) Any
container, packaging, or labeling of a counterfeit in
vitro clinical test, and (H) Any punch, die, plate,
stone, labeling, container, or other thing used or
designed for use in making a counterfeit in vitro
clinical test'';
(2) in subsection (d)(1), by inserting ``in vitro clinical
test,'' after ``device,''; and
(3) in subsection (g)--
(A) in paragraph (1), by inserting ``, in vitro
clinical test,'' after ``device'' each place it
appears; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``,
in vitro clinical test,'' after ``device''; and
(ii) in subparagraph (B), by inserting ``or
in vitro clinical test'' after ``device'' each
place it appears.
(d) Debarment, Temporary Denial of Approval, and Suspension.--
Section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
335a) is amended by adding at the end the following:
``(n) In Vitro Clinical Tests; Mandatory Debarment Regarding Third-
Party Inspections and Reviews.--
``(1) In general.--If the Secretary finds that a person has
been convicted of a felony for a violation of section 301(gg)
or 301(fff)(1), the Secretary shall debar such person from
being accredited under section 587Q and from carrying out
activities under an agreement described in section 803(b).
``(2) Debarment period.--The Secretary shall debar a person
under paragraph (1) for the following periods:
``(A) The period of debarment of a person (other
than an individual) shall not be less than 1 year or
more than 10 years, but if an act leading to a
subsequent debarment under such paragraph occurs within
10 years after such person has been debarred under such
paragraph, the period of debarment shall be permanent.
``(B) The debarment of an individual shall be
permanent.
``(3) Termination of debarment; judicial review; other
matters.--Subsections (c)(3), (d), (e), (i), (j), and (l)(1)
apply with respect to a person (other than an individual) or an
individual who is debarred under paragraph (1) to the same
extent and in the same manner as such subsections apply with
respect to a person who is debarred under subsection (a)(1), or
an individual who is debarred under subsection (a)(2),
respectively.''.
(e) Expanded Access to Unapproved Therapies and Diagnostics.--
Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb) is amended--
(1) in subsections (a) through (d)--
(A) by striking ``or investigational devices'' each
place it appears and inserting ``, investigational
devices, or investigational in vitro clinical tests'';
and
(B) by striking ``or investigational device'' each
place it appears (other than the second such place in
paragraph (3)(A)) of subsection (c)) and inserting ``,
investigational device, or investigational in vitro
clinical test'';
(2) in subsection (b)(4) by striking ``or 520(g)'' each
place it appears and inserting ``, 520(g), or 587S'';
(3) in subsection (c)--
(A) by amending the subsection heading to read:
``Treatment Investigational New Drug Applications,
Treatment Investigational Device Exemptions, and
Treatment Investigational in Vitro Clinical Test
Exemptions.'';
(B) in paragraph (3)(A), by striking ``or
investigational device exemption in effect under
section 520(g)'' and inserting ``, investigational
device exemption in effect under section 520(g), or
investigational in vitro clinical test exemption under
section 587S'';
(C) by striking ``or treatment investigational
device exemption'' each place it appears and inserting
``, treatment investigational device exemption, or
treatment investigational in vitro clinical test
exemption'';
(D) in paragraph (5), by striking ``or 520(g)'' and
inserting ``, 520(g), or 587S''; and
(E) in the matter following paragraph (7) by
striking ``or 520(g)'' each place it appears and
inserting ``, 520(g), or 587S''; and
(4) by amending subsection (e) to read as follows:
``(e) Definitions.--In this section, the terms `investigational
drug', `investigational device', `investigational in vitro clinical
test', `treatment investigational new drug application', `treatment
investigational device exemption', and `treatment investigational in
vitro clinical test exemption' shall have the meanings given the terms
in regulations prescribed by the Secretary.''.
(f) Optimizing Global Clinical Trials.--Section 569A(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-8a(b)) is
amended--
(1) by striking ``subsection'' each place it appears and
inserting ``paragraph''; and
(2) by inserting ``an in vitro clinical test, as defined in
paragraph (ss) of such section,'' before ``or a biological
product''.
(g) Patient Participation in Medical Product Discussion.--The
heading of subsection (a) of section 569C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb-8c) is amended by striking ``Drugs
and Devices'' and inserting ``Drugs, Devices, and in Vitro Clinical
Tests''.
(h) Regulations and Hearings.--Clause (ii) of section 701(h)(1)(C)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(h)(1)(C)) is
amended--
(1) by inserting ``and in vitro clinical tests'' after
``devices''; and
(2) by moving the margin of such clause 2 ems to the left.
(i) Records.--Section 703 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 373) is amended--
(1) by inserting ``in vitro clinical tests,'' after
``devices,'' each place such term appears; and
(2) by inserting ``in vitro clinical test,'' after
``device,'' each place such term appears.
(j) Factory Inspection.--Section 704 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374) (other than subsection (g)) is amended--
(1) by striking ``drugs or devices'' each place it appears
and inserting ``drugs, devices, or in vitro clinical tests'';
(2) in subsection (a)(1), in the fourth sentence, by
striking ``or chapter IX'' and inserting ``section 587S,
section 587M, section 587N, or chapter IX'';
(3) after making the amendments in paragraphs (1) and (2),
by inserting ``in vitro clinical tests,'' after ``devices,''
each place it appears;
(4) in subsection (a)(2)(B)--
(A) by inserting ``or in vitro clinical tests''
after ``prescribe or use devices''; and
(B) by inserting ``or in vitro clinical tests''
after ``process devices'';
(5) by inserting ``in vitro clinical test,'' after
``device,'' each place it appears;
(6) in subsection (e), by inserting ``, or section 587M,
587N, or 587S,'' after ``section 519 or 520(g)'';
(7) in subsection (f)(3)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) after subparagraph (B), by inserting the
following:
``(C) is accredited under section 587Q.''; and
(8) by adding at the end the following:
``(i) For purposes of this section, the term `establishment'
includes a laboratory performing an in vitro clinical test.''.
(k) Publicity.--Section 705(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 375(b)) is amended by inserting ``in vitro
clinical tests,'' after ``devices,''.
(l) Presumption.--Section 709 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379a) is amended by inserting ``in vitro
clinical test,'' after ``device,''.
(m) Listing and Certification of Color Additives for Foods, Drugs,
and Cosmetics.--Section 721(a) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379e(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or in vitro clinical tests'' after ``or devices''; and
(2) in the flush text following paragraph (2)--
(A) by inserting ``or an in vitro clinical test''
after ``a device''; and
(B) by inserting ``or in vitro clinical tests''
after ``devices''.
(n) Imports and Exports.--Section 801 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381) is amended--
(1) in subsection (a)--
(A) by inserting ``in vitro clinical tests,'' after
``devices,'' each place it appears; and
(B) by inserting ``in the case of an in vitro
clinical test, the test does not conform to the
applicable requirements of section 587K, or'' after
``requirements of section 520(f), or'';
(2) in subsection (d)(3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
inserting ``and no component of an in vitro
clinical test or other article of in vitro
clinical test that requires further
processing,'' after ``health-related
purposes'';
(ii) in clause (i), by striking ``drug or
device'' and inserting ``drug, device, or in
vitro clinical test''; and
(iii) in clause (i)(I), by inserting ``in
vitro clinical test,'' after ``device,''; and
(B) in subparagraph (B), by inserting ``in vitro
clinical test,'' after ``device,'';
(3) in subsection (e)(1), by inserting ``in vitro clinical
test,'' after ``device,''; and
(4) in subsection (o)--
(A) by inserting ``or in vitro clinical test''
after ``device''; and
(B) by inserting ``, or under section 587J of each
foreign establishment,'' after ``section 510(i) of each
establishment''.
(o) Office of International Relations.--Section 803 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 383) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``and in vitro clinical tests'' after
``devices''; and
(B) in paragraph (1), by striking ``, and'' and
inserting ``and quality requirements established under
section 587K; and''; and
(2) in subsection (c)--
(A) in paragraph (2), by inserting ``in vitro
clinical tests,'' after ``devices,''; and
(B) in paragraph (4), by inserting ``or in vitro
clinical tests'' after ``devices''.
(p) Recognition of Foreign Government Inspections.--Section
809(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384e(a)(1)) is amended by inserting ``, or of foreign establishments
registered under section 587J,'' after ``510(h)''.
(q) Food and Drug Administration.--Section 1003(b)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the semicolon at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) in vitro clinical tests are analytically and
clinically valid;''.
(r) Office of Women's Health.--Section 1011(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 399b(b)) is amended--
(1) in paragraph (1), by inserting ``in vitro clinical
tests,'' after ``devices,''; and
(2) in paragraph (4), by inserting ``in vitro clinical test
developers,'' after ``device manufacturers,''.
(s) Countermeasure Provisions of the Public Health Service Act.--
Title III of the Public Health Service Act is amended--
(1) in section 319F-1(a)(2)(A) (42 U.S.C. 247d-
6a(a)(2)(A))--
(A) in the matter preceding clause (i)--
(i) by striking ``or device'' and inserting
``device''; and
(ii) by inserting ``or an in vitro clinical
tests (as that term is defined in section
201(ss) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(ss))),'' after ``Act (21
U.S.C. 321(h))),''; and
(B) in each of clauses (ii) and (iii), by striking
``or device'' and inserting ``device, or in vitro
clinical test'';
(2) in section 319F-2(c)(1)(B) (42 U.S.C. 247d-
6b(c)(1)(B))--
(A) by striking ``or device'' and inserting
``device''; and
(B) by inserting ``, or an in vitro clinical test
(as that term is defined in section 201(ss) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(ss)))'' after ``Act (21 U.S.C. 321(h))),''; and
(3) in section 319F-3(i)(7) (42 U.S.C. 247d-6d(i)(7))--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or device'' and inserting
``device''; and
(ii) by inserting ``or an in vitro clinical
tests (as that term is defined in section
201(ss) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(ss))),'' after ``Act (21
U.S.C. 321(h))'';
(B) in subparagraph (A)--
(i) by moving the margin of clause (iii) 2
ems to the left; and
(ii) in clause (iii), by striking ``or
device'' and inserting ``device, or in vitro
clinical test''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking ``approved
or cleared'' and inserting ``approved, cleared,
or offered under a technology certification
order''; and
(ii) in clause (ii), by striking ``or
520(g)'' and inserting ``, 520(g), or 587S''.
SEC. 5. TRANSITION.
(a) Implementation.--
(1) Effective date.--
(A) In general.--Except as otherwise provided in
this section, the amendments made by this Act shall
take effect on October 1, 2028 (in this section and in
subchapter J of chapter V of the Federal Food, Drug,
and Cosmetic Act, as added by this Act, referred to in
this section as the ``effective date of this Act'').
(B) Exceptions.--
(i) In general.--The Secretary of Health
and Human Services (in this section referred to
as the ``Secretary'') may take the actions
described in paragraph (2), and may expend such
funds as the Secretary determines necessary to
ensure an orderly transition prior to the
effective date of this Act.
(ii) Implementation of certain
provisions.--The Secretary may implement
sections 587J and 587U of the Federal Food,
Drug, and Cosmetic Act (as added by section 3)
beginning on October 1, 2024, and such sections
may take effect not earlier than October 1,
2028, to the extent and for the purposes
indicated in such sections. In the case of a
developer who, between October 1, 2024, and the
effective date of this Act, registers under
such section 587J with respect to an article
that is an in vitro clinical test, such
developer shall not be required to register
with respect to such article under section 510
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360).
(2) Actions.--The Secretary--
(A) shall--
(i) within 1 year of the date of enactment
of this Act, hold the public meetings described
in section 587D(i) of the Federal Food, Drug,
and Cosmetic Act (as added by section 3); and
(ii) within 3 years of the date of
enactment of this Act, promulgate final
regulations required under the amendments made
by this Act; and
(B) may take additional actions after the date of
enactment that the Secretary determines necessary to
ensure an orderly transition, including--
(i) establishment of mitigating measures
for an in vitro clinical test or category of in
vitro clinical tests, which may not take effect
until after the effective date described in
paragraph (1)(A); and
(ii) establishment of the comprehensive
test information system under section 587T of
the Federal Food, Drug, and Cosmetic Act, as
added by section 3.
(3) Applicability of guidance and regulations.--
Notwithstanding the date on which guidance or regulations are
issued under paragraph (2) and section 587K of the Federal
Food, Drug, and Cosmetic Act, as added by section 3, no
guidance or regulations issued pursuant to the amendments made
by this Act shall be implemented or take effect until the
effective date of this Act, except as otherwise specified in
this Act (including the amendments made by this Act).
(4) Implementation requirements.--In the event that the
Secretary fails to promulgate the regulations required under
section 587B(a)(4), 587D(j), or 587S(b)(1) of the Federal Food,
Drug, and Cosmetic Act, as added by section 3, by the deadline
described in subsection (a)(2)(A)(ii), the Secretary shall,
within 15 days of such missed deadline--
(A) submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives providing information related to the
status of such regulations, including--
(i) a rationale for missing the applicable
deadline described in such subsection;
(ii) a description of actions taken to the
date of submission of the report to promulgate
each such regulations;
(iii) the expected timeline for
promulgating each such regulations;
(iv) an assessment of the impact of the
delay in promulgating such regulations on
developers of in vitro clinical tests,
including an economic assessment; and
(v) an assessment of the impact of the
delay in promulgating such regulations on
patients; and
(B) open a public docket for purposes of soliciting
public comments on the impact of the delay in
promulgating such regulations.
(b) Application of Authorities to in Vitro Clinical Tests Under
Review on the Effective Date of This Act.--For any in vitro clinical
test for which a submission for approval under section 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e), clearance under
section 510(k) of such Act (21 U.S.C. 360(k)), authorization under
section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)), or licensure
under section 351 of the Public Health Service Act (42 U.S.C. 262) is
pending on the effective date of this Act, including transitional in
vitro clinical tests as described in subsection (c), the Secretary may
review and take action on such submission after the effective date of
this Act according to the statutory provision under which such
submission was submitted.
(c) Application of Authorities to Transitional In Vitro Clinical
Tests.--
(1) Definition.--For purposes of this section, the term
``transitional in vitro clinical test'' means an in vitro
clinical test that--
(A)(i) is first offered for clinical use during the
period beginning on the date that is 45 days after the
date of enactment of this Act and ending on the
effective date of this Act; or
(ii) is offered solely for investigational use
during the period beginning on the date of enactment of
this Act and ending on the effective date of this Act;
(B) is developed by a clinical laboratory certified
by the Secretary under section 353 of the Public Health
Service Act (42 U.S.C. 263a) that meets the
requirements for performing high-complexity testing and
performed--
(i) in the same clinical laboratory in
which the test was developed and for which a
certification is still in effect under such
section 353 that meets the requirements to
perform tests of high complexity;
(ii) by another laboratory for which a
certificate is in effect under such section 353
that meets the requirements to perform tests of
high complexity, is within the same corporate
organization, and has common ownership by the
same parent corporation as the laboratory in
which the test was developed; or
(iii) in the case of a test that was
developed by the Centers for Disease Control
and Prevention or another laboratory in a
public health laboratory network coordinated or
managed by the Centers for Disease Control and
Prevention, by a clinical laboratory for which
a certificate is in effect under such section
353 that meets the requirements to perform
tests of high complexity, and that is within a
public health laboratory network coordinated or
managed by the Centers for Disease Control and
Prevention; and
(C) when first offered, is not approved under
section 515 of the Federal Food, Drug, and Cosmetic
Act, cleared under section 510(k) of such Act,
authorized under section 513(f)(2) of such Act, subject
to a humanitarian device exemption under section 520(m)
of such Act (21 U.S.C. 360j(m)), subject to an
exemption for investigation use under section 520(g) of
such Act (21 U.S.C. 360j(g)), authorized under section
564 of such Act (21 U.S.C. 360bbb-3), or licensed under
section 351 of the Public Health Service Act (42 U.S.C.
262).
(2) Premarket review or technology certification.--A
transitional in vitro clinical test that is not exempt from
premarket review under section 587C of the Federal Food, Drug,
and Cosmetic Act, as added by section 3, may continue to be
offered, sold, or distributed, as applicable, without marketing
authorization until completion of the Secretary's review of the
premarket application or technology certification application
under section 587B or 587D, as applicable, if--
(A) such in vitro clinical test is a high-risk test
(as defined in section 587 of the Federal Food, Drug,
and Cosmetic Act, as added by section 3) and the
application for such test is submitted not later than
90 days after the effective date of this Act; or
(B) such in vitro clinical test is a moderate-risk
test (as defined in such section 587), the developer
lists the test in accordance with section 587J within
10 calendar days of the effective date of this
subchapter, and the application for such test is
submitted not later than 1 year after the effective
date of this Act.
(3) Investigational use request.--A transitional in vitro
clinical test described in paragraph (1)(A)(ii) that is used in
a significant risk investigation may continue to be offered for
investigational use until completion of the Secretary's review
of an application under 587S, if such application is submitted
not later than 90 days after the effective date of this Act.
(4) Tests approved by new york state.--Notwithstanding
paragraph (2), a transitional in vitro clinical test that has
been approved by the New York State Department of Health may
continue to be offered, sold, or distributed, as applicable,
after the effective date if--
(A) starting on the effective date of this Act, the
in vitro clinical test complies with the requirements
of subchapter J of the Federal Food, Drug, and Cosmetic
Act, as added by this Act, except for section 587B of
the Federal Food, Drug, and Cosmetic Act, as added by
section 3, and design control provisions of section
587K of such Act;
(B) each test report for the test bears a statement
of adequate prominence that reads as follows: ``This in
vitro clinical test was developed and first introduced
prior to the effective date of the VALID Act of 2023.
This test was approved by the New York State Department
of Health, but the test has not been reviewed by the
Food and Drug Administration.'';
(C) a premarket application under section 587B of
the Federal Food, Drug, and Cosmetic Act, as added by
section 3, or technology certification application
under section 587D of such Act, as added by section 3,
is submitted no later than--
(i) 5 years after the effective date of
this Act, if the in vitro clinical test is
approved by the New York State Department of
Health as a genetic testing molecular test, a
microbiology molecular test, an oncology
molecular test, or any other type of molecular
test; or
(ii) 2 years after the effective date of
this Act, if the in vitro clinical test is
approved by the New York State Department of
Health as a type of test not described in
clause (i); and
(D) a test in compliance with this paragraph may
continue to be offered, sold, or distributed, as
applicable, until the completion of the Secretary's
review of the premarket application or technology
certification application described in subparagraph
(C).
(d) Conversion.--
(1) Deemed premarket approval.--Beginning on the effective
date of this Act--
(A) any in vitro clinical test with a premarket
approval under section 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e) or a licensure under
section 351 of the Public Health Service Act (42 U.S.C.
262) is deemed to be approved pursuant to an
application under section 587B(a) of the Federal Food,
Drug, and Cosmetic Act, as added by this Act; and
(B) any in vitro clinical test (as so defined) that
was cleared under section 510(k) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360(k)) or authorized
under section 513(f)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360c(f)(2)) is deemed to be
approved pursuant to an application under section
587B(b) of the Federal Food, Drug, and Cosmetic Act, as
added by this Act.
(2) Deemed investigational use exemption.--Any in vitro
clinical test that has an investigational device exemption in
effect under section 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(g)) is deemed to have an
investigational use exemption in effect under section 587S of
such Act, as added by this Act, beginning on the effective date
of this Act.
(3) Deemed humanitarian device exemption.--Any in vitro
clinical test that has an approved humanitarian device
exemption under section 520(m) of such Act is deemed to have a
humanitarian test exemption under section 587A(g) of such Act,
as added by this Act, beginning on the effective date of this
Act.
(4) Deemed designated breakthrough.--Any in vitro clinical
test that has received a breakthrough device designation under
section 515B(e)(1)(D) of such Act (21 U.S.C. 360e-3(e)(1)(D))
is deemed to have a breakthrough in vitro clinical test
designation under section 587C of such Act, as added by this
Act, beginning on the effective date of this Act.
(5) Deemed request for informal feedback.--With regard to
any in vitro clinical test that is the subject of a pre-
submission request described in the guidance, ``Requests for
Feedback and Meetings for Medical Device Submissions: The Q-
Submission Program'', issued by the Food and Drug
Administration on January 6, 2021, such request is deemed to
constitute a request for informal feedback under section 587F
of the Federal Food, Drug, and Cosmetic Act, as added by
section 3, beginning on the effective date of this Act.
(e) Previously Classified Devices.--Notwithstanding section 587 of
the Federal Food, Drug, and Cosmetic Act, as added by section 3, for
purposes of subchapter J of chapter V of such Act, as added by section
3, the following apply:
(1) In the case of an in vitro clinical test type that has
been classified by the Secretary as a class I device pursuant
to section 513 of such Act (21 U.S.C. 360c), such in vitro
clinical test shall be low-risk, unless the in vitro clinical
test is a test described in the second sentence of section
510(l)(1) of such Act or the test is redesignated by the
Secretary pursuant to section 587F of such Act.
(2) In the case of an in vitro clinical test type that has
been classified by the Secretary as a class II device pursuant
to section 513 of such Act (21 U.S.C. 360c), such in vitro
clinical test shall be moderate-risk, unless inaccurate results
from the test would be immediately life threatening or the test
is redesignated by the Secretary pursuant to section 587F of
such Act.
(3) In the case of an in vitro clinical test type that has
been classified by the Secretary as a class III device pursuant
to section 513 of such Act (21 U.S.C. 360c) or an in vitro
clinical test licensed pursuant to section 351 of the Public
Health Service Act (42 U.S.C. 262), such in vitro clinical test
shall be high-risk, unless redesignated by the Secretary
pursuant to section 587F of the Federal Food, Drug, and
Cosmetic Act.
SEC. 6. EMERGENCY USE AUTHORIZATION.
(a) In General.--Section 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-3) is amended--
(1) by inserting ``or developer'' after ``manufacturer'',
each place such term appears;
(2) in subsection (a)--
(A) in paragraphs (1) and (4)(C), by inserting ``in
vitro clinical test,'' before ``or biological product''
each place such term appears;
(B) in paragraph (2)(A), by striking ``or 515'' and
inserting ``515, or 587B''; and
(C) by adding at the end the following:
``(F) The terms `develop' and `developer', with
respect to an in vitro clinical test, have the meanings
given such terms in section 587.'';
(3) in subsection (b), by inserting ``or developer'' after
``manufacturer'' each place such term appears;
(4) in subsection (e)--
(A) by inserting ``or developers'' after
``manufacturers'' each place such term appears;
(B) in paragraph (2)(B)(ii), by inserting ``or
develop'' after ``not manufacture'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``or
520(f)(1)'' and inserting ``, 520(f)(1), or
587V'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) in subparagraph (C), by striking the
period and inserting `` or 587O; and''; and
(iv) by adding at the end the following:
``(D) quality requirements (with respect to in
vitro clinical tests) under section 587K.''; and
(D) in paragraph (4)--
(i) in subparagraph (A), by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) with respect to in vitro clinical tests,
requirements applicable to restricted in vitro clinical
tests pursuant to section 587O.'';
(5) in subsection (k), by striking ``or 520(g)'' and
inserting ``520(g), or 587S''; and
(6) in subsection (m)--
(A) in the subsection heading, by striking
``Laboratory Tests Associated With Devices'' inserting
``in Vitro Clinical Tests'' after ``Devices''; and
(B) in paragraph (1)--
(i) by striking ``to a device'' and
inserting ``to an in vitro clinical test''; and
(ii) by striking ``such device'' and
inserting ``such in vitro clinical test''.
(b) Emergency Use of Medical Products.--Section 564A of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3a) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``in vitro
clinical test,'' after ``device,''; and
(B) by adding at the end the following:
``(3) Developer.--The term `developer', with respect to an
in vitro clinical test, has the meaning given such term in
section 587.'';
(2) by inserting ``or developer'' after ``manufacturer''
each place it appears; and
(3) in subsection (c)(1)--
(A) by inserting ``or quality requirements'' after
``good manufacturing practice requirements''; and
(B) by striking ``or 520(f)(1)'' and inserting ``,
520(f)(1), or 587K''.
(c) Products Held for Emergency Use.--Section 564B(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3b(2)) is
amended--
(1) in subparagraph (A), by striking ``or 515'' and
inserting ``515, or 587B''; and
(2) in subparagraph (B), by striking ``or 520'' and
inserting 520, or 587S.
SEC. 7. ANTIMICROBIAL SUSCEPTIBILITY TESTS.
Section 511A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360a-2) is amended--
(1) in subsection (a)(1)(C)--
(A) by striking ``clear under section 510(k),
classify under section 513(f)(2), or approve under
section 515'' and inserting ``approve under section
587B, exempt from premarket review under section 587C,
or grant a technology certification order under section
587D''; and
(B) by striking ``testing devices'' and inserting
``in vitro clinical tests'';
(2) in subsection (c)(5)--
(A) by striking ``drug or device'' and inserting
``drug, device, or in vitro clinical test''; and
(B) by striking ``the drug or the device'' and
inserting ``the drug, device, or in vitro clinical
test'';
(3) in subsection (e)--
(A) in the heading, by striking ``Testing Devices''
and inserting ``In Vitro Clinical Tests'';
(B) in paragraph (1)--
(i) by striking ``510, 513, and 515,'' and
inserting ``587B, and 587D'';
(ii) by striking ``antimicrobial
susceptibility testing device'' and inserting
``antimicrobial susceptibility in vitro
clinical test''; and
(iii) by striking ``such device'' and
inserting ``such in vitro clinical test''; and
(C) in paragraph (2)--
(i) in the heading, by striking ``testing
devices'' and inserting ``in vitro clinical
tests'';
(ii) in subparagraphs (A) and (B) (other
than clause (iii) of such subparagraph (B)), by
striking ``device'' each place it appears and
inserting ``in vitro clinical test'';
(iii) in subparagraph (B)(iii), by striking
``a device'' and inserting ``an in vitro
clinical test''; and
(iv) by amending subparagraph (C) to read
as follows:
``(C) The antimicrobial susceptibility in vitro
clinical test meets all other requirements to be
approved under section 587B, to be exempted from
premarket review under section 587C, or to be offered
under a technology certification order under section
587D.'';
(4) in subsection (f), by amending paragraph (1) to read as
follows:
``(1) The term `antimicrobial susceptibility in vitro
clinical test' means an in vitro clinical test that utilizes
susceptibility test interpretive criteria to determine and
report the in vitro susceptibility of certain microorganisms to
a drug (or drugs).''; and
(5) in subsection (g)(2)--
(A) by amending the matter preceding subparagraph
(A) to read as follows:
``(2) with respect to approving an application under
section 587B or granting a technology certification order under
section 587D--''; and
(B) in subparagraph (A)--
(i) by striking ``device'' and inserting
``in vitro clinical test''; and
(ii) by striking ``antimicrobial
susceptibility testing device'' and inserting
``antimicrobial susceptibility in vitro
clinical test''.
SEC. 8. COMBINATION PRODUCTS.
(a) In General.--Section 503(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or
biological product'' and inserting ``in vitro clinical
test (except for a product constituted of a device and
an in vitro clinical test), or biological product'';
(B) in subparagraph (B), by adding at the end the
following: ``For purposes of this Act, a product that
constitutes a combination of a device and an in vitro
clinical test is not a combination product within the
meaning of this subsection and an in vitro clinical
test that is offered as a separate product intended to
inform the use of a drug, biological product, or device
is not a combination product within the meaning of this
subsection.''; and
(C) in subparagraph (D)(ii)--
(i) by inserting ``or in vitro clinical
test'' after ``device''; and
(ii) by inserting ``and in vitro clinical
tests'' before ``shall'';
(2) in paragraph (3), by striking ``safety and
effectiveness or substantial equivalence'' and inserting
``safety and effectiveness, substantial equivalence, or
analytical validity and clinical validity'' before ``for the
approved constituent part'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``or 513(f)(2)
(submitted in accordance with paragraph (5))'' and
inserting ``513(f)(2) (submitted in accordance with
paragraph (5)), 587B, or 587D''; and
(B) in subparagraph (C), by striking ``or 515'' and
inserting ``515, or 587B, or that is under an order
under section 587D'';
(4) in paragraph (5)(A), by striking ``or 510(k)'' and
inserting ``, 510(k), 587B, or 587D'';
(5) in paragraph (7), by striking ``or substantial
equivalence'' and inserting ``, substantial equivalence, or
analytical validity and clinical validity'';
(6) in paragraph (8), by adding at the end the following:
``(I) This paragraph shall not apply to a product
constituted of a device and an in vitro clinical
test.''; and
(7) in paragraph (9)--
(A) in subparagraph (C)(i), by striking ``or
520(g)'' and inserting ``520(g), 587B, or 587D''; and
(B) in subparagraph (D), by striking ``or 520'' and
inserting ``520, 587B, or 587D''.
(b) Classification of Products.--Section 563 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-2) is amended by adding at the
end the following:
``(d) Exemption.--This section shall not apply to a product
constituted of only a device and an in vitro clinical test.''.
SEC. 9. RESOURCES.
(a) Findings.--Congress finds that the fees authorized by this
section will be dedicated to meeting the goals identified in the
letters from the Secretary of Health and Human Services to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives,
as set forth in the Congressional Record.
(b) Establishment of User Fee Program.--
(1) Development of user fees for in vitro clinical tests.--
(A) In general.--Beginning not later than October
1, 2025, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall
initiate the development of recommendations in
accordance with this section to present to Congress
with respect to the goals, and plans for meeting the
goals, for the process for the review of in vitro
clinical test submissions and applications under
subchapter J of chapter V of the Federal Food, Drug,
and Cosmetic Act, as added by this Act, for the first 4
fiscal years after fiscal year 2028 and for the
authorization of the In Vitro Clinical Test User Fee
Program for such fiscal years. In developing such
recommendations, the Secretary shall consult with--
(i) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(ii) the Committee on Energy and Commerce
of the House of Representatives;
(iii) scientific and academic experts;
(iv) health care professionals;
(v) representatives of patient and consumer
advocacy groups; and
(vi) the regulated industry.
(B) Prior public input.--Prior to beginning
negotiations with the regulated industry on the
authorization of the In Vitro Clinical Test User Fee
Program, as described in this section, the Secretary
shall--
(i) publish a notice in the Federal
Register requesting public input on the
authorization of user fees;
(ii) hold a public meeting at which the
public may present its views on the
authorization, including specific suggestions
for the recommendations submitted under
subparagraph (E);
(iii) provide a period of 30 days after the
public meeting to obtain written comments from
the public suggesting changes to the In Vitro
Clinical Test User Fee Program; and
(iv) publish any comments received under
clause (iii) on the website of the Food and
Drug Administration.
(C) Periodic consultation.--Not less frequently
than once every month during negotiations with the
regulated industry, the Secretary shall hold
discussions with representatives of patient and
consumer advocacy groups to continue discussions of the
authorization of the In Vitro Clinical Test User Fee
Program and to solicit suggestions to be included in
the recommendations transmitted to Congress under
subparagraph (F).
(D) Updates to congress.--The Secretary, in
consultation with regulated industry, shall provide
regular updates on negotiations on the reauthorization
of the In Vitro Clinical Test User Fee Program to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives.
(E) Public review of recommendations.--After
negotiations with the regulated industry, the Secretary
shall--
(i) present the recommendations developed
under subparagraph (A) to the Committee on
Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce
of the House of Representatives;
(ii) publish such recommendations in the
Federal Register;
(iii) provide for a period of 30 days for
the public to provide written comments on such
recommendations;
(iv) hold a meeting at which the public may
present its views on such recommendations; and
(v) after consideration of such public
views and comments, revise such recommendations
as necessary.
(F) Transmittal of recommendations.--
(i) In general.--Not later than January 15,
2027, the Secretary shall transmit to Congress
the revised recommendations under subparagraph
(A), a summary of the views and comments
received under such subparagraph, and any
changes made to the recommendations in response
to such views and comments.
(ii) Recommendation requirements.--The
recommendations transmitted under this
subparagraph shall--
(I) include the number of full-time
equivalent employees per fiscal year
that are agreed to be hired to carry
out the goals included in such
recommendations for each year of the 5-
year period;
(II) provide that the amount of
operating reserve balance in the user
fee program established under this
section is not more than the equivalent
of 10 weeks of operating reserve;
(III) require the development of a
strategic plan for any surplus within
the operating reserve account above the
10-week operating reserve within 2
years of the establishment of the
program;
(IV) include an operating reserve
adjustment such that, if the Secretary
has an operating reserve balance in
excess of 10 weeks of such operating
reserves, the Secretary shall decrease
such fee revenue and fees to provide
for not more than 10 weeks of such
operating reserves;
(V) if an adjustment is made as
described in subclause (IV), provide
the rationale for the amount of the
decrease in fee revenue and fees shall
be contained in the Federal Register;
and
(VI) provide that the fees assessed
and collected for the full-time
equivalent employees at the Center for
Devices and Radiological Health, with
respect to which the majority of time
reporting data indicates are dedicated
to the process for the review of in
vitro clinical test submissions and
applications under paragraph (5), are
not supported by the funds authorized
to be collected and assessed under
section 738 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j).
(G) Publication of recommendations.--The Secretary
shall publish on the website of the Food and Drug
Administration the revised recommendations under
subparagraph (F), a summary of the recommendations,
views, and comments received under subparagraphs (B),
(C), and (E), and any changes made to the
recommendations originally proposed by the Secretary in
response to such recommendations, views, and comments.
(H) Minutes of negotiation meetings.--
(i) Public availability.--The Secretary
shall make publicly available, on the website
of the Food and Drug Administration, minutes of
all negotiation meetings conducted under this
subsection between the Food and Drug
Administration and the regulated industry not
later than 30 days after such meeting.
(ii) Content.--The minutes described under
clause (i) shall summarize any substantive
proposal made by any party to the negotiations,
any significant controversies or differences of
opinion during the negotiations, and the
resolution of any such controversy or
difference of opinion.
(2) Establishment of user fee program.--Effective on
October 1, 2028, provided that the Secretary transmits the
recommendations under paragraph (1)(F), the Secretary is
authorized to collect user fees relating to the review of in
vitro clinical test submissions and applications submitted
under subchapter J of chapter V of the Federal Food, Drug, and
Cosmetic Act, as added by this Act, and any other activities or
goals included in recommendations transmitted to Congress
pursuant to this subsection. Fees under such program shall be
assessed and collected only if the requirements under paragraph
(4) are met.
(3) Audit.--
(A) In general.--Beginning 2 years after first
receiving a user fee applicable to submission of an in
vitro clinical test application submitted under
subchapter J of chapter V of the Federal Food, Drug,
and Cosmetic Act, as added by this Act, the Secretary
shall, on a biennial basis, perform an audit of the
costs of reviewing such applications and any other
activities under such subchapter J included in
recommendations transmitted to Congress pursuant to
this subsection. Such an audit shall compare the costs
of reviewing such applications and other activities
under such subchapter J to the amount of the user fee
applicable to such applications and make any necessary
adjustments as described in subparagraph (B).
(B) Alteration of user fee.--The following
adjustments shall apply with respect to audits
performed under subparagraph (A):
(i) If the audit performed 2 years after
first receiving a user fee applicable to
submission of an in vitro clinical test
application described under subparagraph (A)
indicates that the user fees collected for
purposes of such subchapter J exceed 33 percent
of the costs of reviewing such applications and
carrying out activities included in
recommendations transmitted to Congress
pursuant to this subsection, the Secretary
shall alter the user fees applicable to
applications submitted under such subchapter J
such that the user fees do not exceed such
percentage.
(ii) If the audit performed 6 years after
first receiving a user fee applicable to
submission of an in vitro clinical test
application described under subparagraph (A)
indicates that the user fees collected for
purposes of such subchapter J exceed 40 percent
of the costs of reviewing such applications,
and carrying out activities included in
recommendations transmitted to Congress
pursuant to this subsection, the Secretary
shall alter the user fees applicable to
applications submitted under such subchapter J
such that the user fees do not exceed such
percentage.
(iii) If the audit performed 12 years after
first receiving a user fee applicable to
submission of an in vitro clinical test
application described under subparagraph (A),
and any audit performed after such date,
indicates that the user fees collected for
purposes of such subchapter J exceed 49 percent
of the costs of reviewing such applications,
and carrying out activities included in
recommendations transmitted to Congress
pursuant to this subsection, the Secretary
shall alter the user fees applicable to
applications submitted under such subchapter J
such that the user fees do not exceed such
percentage.
(C) Accounting standards.--The Secretary shall
perform an audit under subparagraph (A) in conformance
with the accounting principles, standards, and
requirements prescribed by the Comptroller General of
the United States under section 3511 of title 31,
United States Code, to ensure the validity of any
potential variability.
(D) Implementation requirements.--In the event that
the Secretary fails to promulgate the regulations
described in section 587B(a)(4), 587D(j), or 587S(b)(1)
of the Federal Food, Drug, and Cosmetic Act, as added
by section 3, by the applicable deadline for each such
regulations as described in section 5(a)(2)(A)(ii), the
Secretary shall provide that the user fees applicable
to applications submitted under subchapter J of chapter
V of the Federal Food, Drug, and Cosmetic Act, as added
by section 3, do not exceed 30 percent of the costs of
reviewing such applications.
(4) Conditions.--The user fee program described in this
subsection shall take effect only if the Food and Drug
Administration issues a regulation related to the review
requirements for in vitro diagnostic tests that would be
subject to premarket review under section 587B of the Federal
Food, Drug, and Cosmetic Act, as added by section 3, the review
requirements for test categories eligible for technology
certification under section 587D of such Act, as added by
section 3, and the parameters for the test categories that
would be exempt from any review under subchapter J of chapter V
of such Act.
(5) User fee program definitions and resource
requirements.--
(A) In general.--The term ``process for the review
of in vitro clinical test submissions and
applications'' means the following activities of the
Secretary with respect to the review of in vitro
clinical test premarket and technology certification
applications including supplements for such
applications:
(i) The activities necessary for the review
of premarket applications, premarket reports,
technology certification applications, and
supplements to such applications.
(ii) Actions related to submissions in
connection with in vitro clinical test
development, the issuance of action letters
that allow the marketing of in vitro clinical
tests or which set forth in detail the specific
deficiencies in such applications, reports,
supplements, or submissions and, where
appropriate, the actions necessary to support
the development of in vitro clinical tests.
(iii) The inspection of manufacturing
establishments and other facilities undertaken
as part of the Secretary's review of pending
premarket applications, technology
certifications, and supplements.
(iv) Monitoring of research conducted in
connection with the review of such
applications, supplements, and submissions.
(v) Review of in vitro clinical test
applications subject to section 351 of the
Public Health Service Act (42 U.S.C. 262) and
activities conducted in anticipation of the
submission of such applications for
investigational use under section 587S of the
Federal Food, Drug, and Cosmetic Act (as added
by section 3).
(vi) The development of guidance, policy
documents, or regulations to improve the
process for the review of premarket
applications, technology certification
applications, and supplements.
(vii) The development of voluntary test
methods, consensus standards, or mandatory
performance standards in connection with the
review of such applications, supplements, or
submissions and related activities.
(viii) The provision of technical
assistance to in vitro clinical test developers
in connection with the submission of such
applications, reports, supplements, or
submissions.
(ix) Any activity undertaken in connection
with the initial classification or
reclassification of an in vitro clinical test
in connection with any requirement for approval
or eligibility for an exemption from premarket
review of an in vitro clinical test.
(x) Any activity undertaken in connection
with making a pathway determination of an in
vitro clinical test, including the
identification, establishment, and
implementation of mitigation measures.
(xi) Evaluation of postmarket studies
required as a condition of an approval of a
premarket application of an in vitro clinical
test and ensuring such studies are conducted as
required.
(xii) Any activity undertaken in connection
with ensuring in vitro clinical tests offered
under an exemption from premarket review
pursuant to section 587C or 587G meet the
criteria for such exemption and the applicable
standard.
(xiii) Compiling, developing, and reviewing
information on in vitro clinical tests
necessary to identify issues with the ability
of in vitro clinical tests to meet the
applicable standard, as applicable.
(B) Resource requirements.--Fees collected and
assessed under this section shall be used for the
process for the review of in vitro clinical test
applications, as described in subparagraph (A), and
shall--
(i) be subject to the limitation under
section 738(g)(3) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j(g)(3)), in the
same manner that fees collected and assessed
under section 737(9)(C) of such Act (21 U.S.C.
379i(9)(C)) are subject to such limitation;
(ii) include travel expenses for officers
and employees of the Food and Drug
Administration only if the Secretary determines
that such travel is directly related to an
activity described in subparagraph (A); and
(iii) not be allocated to purposes
described under section 722(a) of the
Consolidated Appropriations Act, 2018 (Public
Law 115-141).
(c) Reports.--
(1) Performance report.--
(A) In general.--
(i) General requirements.--Beginning with
fiscal year 2028, for each fiscal year for
which fees are collected under this section,
the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Energy and Commerce of the House of
Representatives annual reports concerning the
progress of the Food and Drug Administration in
achieving the goals identified in the
recommendations transmitted to Congress by the
Secretary pursuant to subsection (b)(1)(F)
during such fiscal year and the future plans of
the Food and Drug Administration for meeting
the goals.
(ii) Additional information.--Beginning
with fiscal year 2028, the annual report under
this subparagraph shall include the progress of
the Food and Drug Administration in achieving
the goals, and future plans for meeting the
goals, including--
(I) the number of premarket
applications filed under section 587B
of the Federal Food, Drug, and Cosmetic
Act during the applicable fiscal year;
(II) the number of technology
certification applications submitted
under section 587D of the Federal Food,
Drug, and Cosmetic Act during the
applicable fiscal year for each review
division;
(III) the number of breakthrough
designations under section 587I of the
Federal Food, Drug, and Cosmetic Act
during the applicable fiscal year; and
(IV) the number of information
requests requested by the Secretary
pursuant to section 587G(d) of such
Act.
(iii) Real-time reporting.--
(I) In general.--Not later than 30
calendar days after the end of the
second quarter of fiscal year 2028, and
not later than 30 calendar days after
the end of each quarter of each fiscal
year thereafter, the Secretary shall
post the data described in subclause
(II) on the website of the Food and
Drug Administration for such quarter
and on a cumulative basis for such
fiscal year, and may remove duplicative
data from the annual report under this
subparagraph.
(II) Data.--The Secretary shall
post the following data in accordance
with subclause (I):
(aa) The number and titles
of draft and final regulations
on topics related to the
process for the review of in
vitro clinical test submissions
and applications, and whether
such regulations were required
by statute or pursuant to the
recommendations transmitted to
Congress by the Secretary
pursuant to subsection
(b)(1)(F).
(bb) The number and titles
of draft and final guidance on
topics related to the process
for the review of in vitro
clinical test submissions and
applications, and whether such
guidances were issued as
required by statute or pursuant
to the recommendations
transmitted to Congress by the
Secretary pursuant to
subsection (b)(1)(F).
(cc) The number and titles
of public meetings held on
topics related to the process
for the review of in vitro
clinical tests, and if such
meetings were required by
statute or pursuant to the
recommendations transmitted to
Congress by the Secretary
pursuant to subsection
(b)(1)(F).
(iv) Rationale for ivct user fee program
changes.--Beginning with fiscal year 2028, the
Secretary shall include in the annual
performance report under paragraph (1)--
(I) data, analysis, and discussion
of the changes in the number of
individuals hired as agreed upon in the
recommendations transmitted to Congress
by the Secretary pursuant to subsection
(b)(1)(F) and the number of remaining
vacancies, the number of full-time
equivalents funded by fees collected
pursuant to this section, and the
number of full-time equivalents funded
by budget authority at the Food and
Drug Administration by each division
within the Center for Devices and
Radiological Health, the Center for
Biologics Evaluation and Research, the
Office of Regulatory Affairs, and the
Office of the Commissioner;
(II) data, analysis, and discussion
of the changes in the fee revenue
amounts and costs for the process for
the review of in vitro clinical test
submissions and applications, including
identifying--
(aa) drivers of such
changes; and
(bb) changes in the average
total cost per full-time
equivalent in the in vitro
clinical test review program;
(III) for each of the Center for
Devices and Radiological Health, the
Center for Biologics Evaluation and
Research, the Office of Regulatory
Affairs, and the Office of the
Commissioner, the number of employees
for whom time reporting is required and
the number of employees for whom time
reporting is not required; and
(IV) data, analysis, and discussion
of the changes in the average full-time
equivalent hours required to complete
review of each type of in vitro
clinical test application.
(v) Analysis.--For each fiscal year, the
Secretary shall include in the report under
clause (i) an analysis of the following:
(I) The difference between the
aggregate number of premarket
applications filed under section 587B
or section 587D of the Federal Food,
Drug, and Cosmetic Act and the
aggregate number of major deficiency
letters, not approvable letters, and
denials for such applications issued by
the agency, accounting for--
(aa) the number of
applications filed under each
of sections 587B and 587D of
the Federal Food, Drug, and
Cosmetic Act during one fiscal
year for which a decision is
not scheduled to be made until
the following fiscal year; and
(bb) the aggregate number
of applications under each of
sections 587B and 587D of the
Federal Food, Drug, and
Cosmetic Act for each fiscal
year that did not meet the
goals as identified by the
recommendations transmitted to
Congress by the Secretary
pursuant to subsection
(b)(1)(F).
(II) Relevant data to determine
whether the Center for Devices and
Radiological Health has met performance
enhancement goals identified by the
recommendations transmitted to Congress
by the Secretary pursuant to subsection
(b)(1)(F).
(III) The most common causes and
trends for external or other
circumstances affecting the ability of
the Food and Drug Administration to
meet review time and performance
enhancement goals identified by the
recommendations transmitted to Congress
by the Secretary pursuant to subsection
(b)(1)(F).
(B) Publication.--With regard to information to be
reported by the Food and Drug Administration to
industry on a quarterly and annual basis pursuant to
recommendations transmitted to Congress by the
Secretary pursuant to subsection (b)(1)(F), the
Secretary shall make such information publicly
available on the website of the Food and Drug
Administration not later than 60 days after the end of
each quarter or 120 days after the end of each fiscal
year, respectively, to which such information applies.
(C) Updates.--The Secretary shall include in each
report under subparagraph (A) information on all
previous cohorts for which the Secretary has not given
a complete response on all in vitro clinical test
premarket applications and technology certification
orders and supplements, premarket, and technology
certification notifications in the cohort.
(2) Corrective action report.--Beginning with fiscal year
2029, for each fiscal year for which fees are collected under
this section, the Secretary shall prepare and submit a
corrective action report to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives.
The report shall include the following information, as
applicable:
(A) Goals met.--For each fiscal year, if the
Secretary determines, based on the analysis under
paragraph (1)(A)(v), that each of the goals identified
by the recommendations transmitted to Congress by the
Secretary pursuant to subsection (b)(1)(F) for the
applicable fiscal year have been met, the corrective
action report shall include recommendations on ways in
which the Secretary can improve and streamline the in
vitro clinical test premarket application and
technology certification review process.
(B) Goals missed.--For each of the goals identified
by the letters described in recommendations transmitted
to Congress by the Secretary pursuant to subsection
(b)(1)(F) for the applicable fiscal year that the
Secretary determines to not have been met, the
corrective action report shall include--
(i) a justification for such determination;
(ii) a description of the types of
circumstances, in the aggregate, under which
applications or reports submitted under
sections 587B and 587D of the Federal Food,
Drug, and Cosmetic Act missed the review goal
times but were approved during the first cycle
review, as applicable;
(iii) a summary and any trends with regard
to the circumstances for which a review goal
was missed; and
(iv) the performance enhancement goals that
were not achieved during the previous fiscal
year and a description of efforts the Food and
Drug Administration has put in place for the
fiscal year in which the report is submitted to
improve the ability of such agency to meet each
such goal for the such fiscal year.
(3) Fiscal report.--
(A) In general.--For fiscal years 2029 and annually
thereafter, not later than 120 days after the end of
each fiscal year during which fees are collected under
this section, the Secretary shall prepare and submit to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives, a report on the
implementation of the authority for such fees during
such fiscal year and the use, by the Food and Drug
Administration, of the fees collected during such
fiscal year for which the report is made.
(B) Contents.--Such report shall include
expenditures delineated by budget authority and user
fee dollars related to administrative expenses and
information technology infrastructure contracts and
expenditures.
(C) Operating reserve.--Such report shall provide
the amount of operating reserves of carryover user fees
available each year, and any planned allocations or
obligations of such balance of operating reserves for
the program.
(4) Public availability.--The Secretary shall make the
reports required under paragraphs (1) through (3) available to
the public on the website of the Food and Drug Administration.
(5) Enhanced communication.--
(A) Communications with congress.--Each fiscal
year, as applicable and requested, representatives from
the Centers with expertise in the review of in vitro
clinical tests shall meet with representatives from the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives to report on the contents
described in the reports under this section.
(B) Participation in congressional hearing.--Each
fiscal year, as applicable and requested,
representatives from the Food and Drug Administration
shall participate in a public hearing before the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives, to report on the contents
described in the reports under this section. Such
hearing shall occur not later than 120 days after the
end of each fiscal year for which fees are collected
under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
For purposes of funding implementation of this Act (including the
amendments made by this Act), including undertaking activities for the
development of regulations and guidances, hiring of necessary staff,
and the development of technology systems to implement this Act
(including the amendments made by this Act) in a timely, effective, and
efficient manner, there is authorized to be appropriated $480,000,000,
to remain available through the end of fiscal year 2028.
SEC. 11. GUIDANCE ON DIAGNOSTIC INNOVATION.
Not later than January 1, 2025, the Secretary shall issue guidance
to assist developers of in vitro clinical tests intended to identify or
diagnose rare diseases and in vitro clinical tests intended to address
an unmet medical need. Such guidance shall include considerations for
addressing barriers to developing sufficient data to demonstrate
clinical validity for such tests, such as challenges associated with
data collection and obstacles to the timely generation of evidence.
SEC. 12. GAO REPORT ON UNIQUE CONSIDERATIONS.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report--
(1) evaluating the unique considerations for hospital-based
laboratories, laboratories serving academic medical centers,
and other health care practitioners, as appropriate, in
implementing this Act, including the amendments made by this
Act; and
(2) including recommendations based on the findings of the
report.
SEC. 13. ASSESSMENTS.
Section 1834A(g) of the Social Security Act (42 U.S.C. 1395m-1(g))
is amended by adding at the end the following new paragraph:
``(3) Determinations with respect to in vitro clinical
tests.--On or after the date that is 45 days after the date of
enactment of the VALID Act of 2023, for purposes of determining
whether an in vitro clinical test (as defined in section
201(ss) of the Federal Food, Drug, and Cosmetic Act) is
reasonable and necessary for the diagnosis or treatment of
illness or injury (under section 1862(a)(1)(A)), any assessment
of the analytical validity or clinical validity of such test
shall apply the definitions given such terms in subchapter J of
chapter V of the Federal Food, Drug, and Cosmetic Act.''.
SEC. 14. SEVERABILITY.
If any provision of this Act is declared unconstitutional, or the
applicability of this Act to any person or circumstance is held
invalid, the constitutionality of the remainder of this Act and the
applicability thereof to other persons and circumstances shall not be
affected.
<all>
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118HR237 | Fourth Amendment Restoration Act | [
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] | <p><b>Fourth Amendment Restoration Act</b></p> <p>This bill limits surveillance conducted for foreign intelligence purposes.</p> <p>Specifically, the bill repeals provisions authorizing without a court order various types of searches and surveillance for foreign intelligence purposes, including electronic surveillance and access to business records.</p> <p>An officer of the U.S. government must obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information. The bill provides for criminal penalties for a person who knowingly violates these requirements or otherwise obtains such information under color of law without statutory authorization. </p> <p>Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 237 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 237
To repeal the Foreign Intelligence Surveillance Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Biggs introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Permanent Select
Committee on Intelligence, 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 repeal the Foreign Intelligence Surveillance Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment Restoration Act''.
SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORITIES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is repealed.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(a) Pen Register and Trap and Trace Device.--The terms ``pen
register'' and ``trap and trace device'' have the meanings given such
terms in section 3127 of title 18, United States Code.
(b) United States Citizen.--The term ``United States citizen''
means an individual who is a citizen of the United States.
(c) Foreign Intelligence Information.--The term ``foreign
intelligence information'' means--
(1) information that relates to, and if concerning a United
States citizen is necessary to, the ability of the United
States to protect against--
(A) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a
foreign power;
(B) sabotage, international terrorism, or the
intentional proliferation of weapons of mass
destruction by a foreign power or an agent of a foreign
power; or
(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or
by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign
territory that relates to, and if concerning a United States
citizen, is necessary to--
(A) the national defense or the security of the
United States; or
(B) the conduct of the foreign affairs of the
United States.
(d) Electronic Surveillance.--The term ``electronic surveillance''
means--
(1) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire or radio
communication sent by or intended to be received by a
particular, known United States citizen who is in the United
States, if the contents are acquired by intentionally targeting
that United States citizen, under circumstances in which a
citizen has a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes; or
(2) the installation or use of an electronic, mechanical,
or other surveillance device in the United States for
monitoring to acquire information, other than from a wire or
radio communication, under circumstances in which a citizen has
a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes.
(e) Wire Communication.--The term ``wire communication'' means any
communication while it is being carried by a wire, cable, or other like
connection furnished or operated by any person engaged as a common
carrier in providing or operating such facilities for the transmission
of interstate or foreign communications.
SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES CITIZENS.
(a) An officer of the United States must obtain a warrant issued
using the procedures described in the Federal Rules of Criminal
Procedure by a Federal court in order to conduct or request--
(1) electronic surveillance of a United States citizen;
(2) a physical search of a premises, information, material,
or property used exclusively by, or under the open and
exclusive control of, a United States citizen;
(3) approval of the installation and use of a pen register
or trap and trace device, a sole or significant purpose of
which is to obtain foreign intelligence information concerning
a United States citizen;
(4) the production of tangible things (including books,
records, papers, documents, and other items) concerning a
United States citizen to obtain foreign intelligence
information; or
(5) the targeting of a United States citizen for the
acquisition of foreign intelligence information.
(b) Any information concerning a United States citizen acquired
under Executive Order 12333 (50 U.S.C. 3001 note; relating to United
States intelligence activities) shall not be used in evidence against
that United States citizen in any criminal, civil, or administrative
proceeding or as part of any criminal, civil, or administrative
investigation.
SEC. 5. LIMITATION ON USE OF INFORMATION CONCERNING UNITED STATES
CITIZENS.
Any information concerning a United States citizen acquired during
surveillance of a non-United States citizen shall not be used in
evidence against that United States citizen in any criminal, civil, or
administrative proceeding or as part of any criminal, civil, or
administrative investigation.
SEC. 6. CRIMINAL SANCTIONS.
(a) A person is guilty of an offense if he intentionally--
(1) engages in any of the offenses described in section 4,
except as authorized by this Act, title 18, or any express
statutory authorization that is an additional exclusive means
for conducting electronic surveillance under section 1812 of
title 50; or
(2) discloses or uses information obtained under color of
law by any of the methods described in section 4, paragraph
(1), knowing or having reason to know that the information was
obtained without authorization by this chapter, title 18, or
any express statutory authorization that is an additional
exclusive means for conducting electronic surveillance under
section 1812 of title 50.
(b) It is a defense to prosecution under subsection (a) that the
defendant was a law enforcement officer or investigative officer
engaging in the course of his official duties and the conduct was
authorized and conducted pursuant to a search warrant or court order of
a court of competent jurisdiction.
(c) An offense described in this section is punishable by a fine of
not more than $10,000 or imprisonment for not less than five years, or
both.
(d) There is a Federal jurisdiction over an offense under this
section if the person committing the offense was an officer or employee
of the United States at the time the offense was committed.
<all>
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118HR2370 | Access to AEDs Act | [
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... | <p><strong>Access to AEDs Act</strong></p> <p>This bill requires the Department of Health and Human Services to award grants to local educational agencies (LEAs), including public charter schools operating as LEAs under state law, to promote student access to defibrillation in elementary and secondary schools.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2370 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2370
To authorize the Secretary of Health and Human Services to award grants
to eligible entities to develop and implement a comprehensive program
to promote student access to defibrillation in public elementary
schools and secondary schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mrs. Cherfilus-McCormick (for herself, Mr. Posey, Ms. Wilson of
Florida, Ms. Tlaib, Mr. Ruppersberger, Mr. Higgins of New York, Mr.
Carter of Louisiana, Ms. Norton, Ms. McCollum, Ms. Castor of Florida,
Ms. Matsui, Mr. Cardenas, Mr. Green of Texas, Ms. Wild, Mr. Carson, Ms.
Pelosi, Mr. Fitzpatrick, Mrs. Beatty, Mr. Grijalva, Mr. Soto, Mr.
Evans, Mr. Costa, Mr. Schiff, Mr. Landsman, Ms. Jackson Lee, Mr. Lynch,
Mr. Allred, Ms. Kelly of Illinois, Mr. Bishop of Georgia, Mr. Jackson
of Illinois, Mr. Mfume, Ms. Kamlager-Dove, Mr. Thompson of Mississippi,
Ms. Pressley, Ms. Sewell, Mr. Lieu, Ms. Strickland, Ms. Chu, Ms.
Tokuda, Ms. Lee of California, Ms. Salazar, Mr. McGovern, Mr.
DeSaulnier, Ms. Brown, Mr. Thanedar, Ms. Lee of Pennsylvania, Ms.
Crockett, Mr. Espaillat, Ms. Clarke of New York, and Mr. Barr)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Education and
the Workforce, 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 authorize the Secretary of Health and Human Services to award grants
to eligible entities to develop and implement a comprehensive program
to promote student access to defibrillation in public elementary
schools and secondary schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to AEDs Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Heart disease is the leading cause of death in the
United States.
(2) Sudden cardiac arrest (referred to in this section as
``SCA'') is a life-threatening emergency that is caused by a
malfunction in the heart's electrical system or structure,
which is caused by an abnormality from birth or one that
develops over time.
(3) Studies show that 1 in 300 youth has an undetected
heart condition that puts them at risk.
(4) SCA is the leading cause of death for student athletes.
(5) Sports-related SCA account for 39 percent of SCAs among
children 18 years old or younger.
(6) In 2018, there were nearly 394,000 sudden cardiac
arrests that occurred in the United States, with 9 out of 10
being fatal. Only 1 in 10 victims survive a sudden cardiac
arrest.
(7) An estimated 7,000 to 23,000 young people are stricken
by SCA annually.
(8) The American Heart Association estimates that 5 in 10
victims of SCA could survive if bystanders gave CPR and used an
AED immediately.
(9) The chain of survival includes prompt notification of
emergency services and early CPR, defibrillation, and advanced
cardiac life support.
(10) Health education should include basic emergency
lifesaving skills. Incorporating these lifesaving training
programs into the health curriculum of public elementary and
secondary schools will give children and youth these skills.
SEC. 3. PROMOTING STUDENT ACCESS TO DEFIBRILLATION.
(a) In General.--The Secretary shall award grants to eligible
entities to develop and implement a comprehensive program to promote
student access to defibrillation in public elementary schools and
secondary schools.
(b) Use of Funds.--An eligible entity receiving a grant under
subsection (a) may use funds received through such grant to carry out
any of the following activities:
(1) Developing and providing comprehensive materials to
establish AED and CPR programs in public elementary schools and
secondary schools.
(2) Providing support for CPR and AED training programs in
such schools for students, staff, and related sports
volunteers.
(3) Providing support for developing a cardiac emergency
response plan within such schools.
(4) Purchasing AEDs that have been approved under section
515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360e), cleared under section 510(k) of such Act (21 U.S.C.
360(k)), or authorized under section 513(f)(2) of such Act (21
U.S.C. 360c(f)(2)).
(5) Purchasing necessary AED batteries and performing
necessary AED maintenance (such as by replacing AED pads) in
accordance with the labeling of the AED involved.
(6) Replacing old and outdated AED and CPR equipment,
machinery, and educational materials.
(7) Fostering new and existing community partnerships with
and among local educational agencies, nonprofit organizations,
public health organizations, emergency medical service
providers, fire and police departments, and parent-teacher
associations to promote the importance of defibrillation in
such schools.
(8) Aiding school athletic departments to screen student
athletes for risk of sudden cardiac arrest, consistent with
guidelines of the American Heart Association and the American
College of Cardiology.
(9) Further developing strategies to improve access to AEDs
in such schools.
(c) Eligibility; Application.--To be eligible for a grant under
subsection (a), an entity shall--
(1) be a local educational agency (including a public
charter school operating as a local educational agency under
State law), in consultation with a qualified health care
entity; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may reasonably require.
(d) Clearinghouse.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a clearinghouse
database--
(1) to collect and make available information, including
through voluntary reporting by local educational agencies,
State educational agencies, and manufacturers, relating to
student access to defibrillation in public elementary schools
and secondary schools, including with respect to the costs of
providing AEDs and CPR training; and
(2) to gather information in a central location to
facilitate research regarding sudden cardiac arrest in the
pediatric population.
(e) Reports.--
(1) By grantee.--Not later than 4 years after receipt of a
grant under this section, the recipient of the grant shall
submit to the Secretary a report that describes the activities
carried out with funds received through the grant.
(2) By secretary.--Not later than one year after receiving
the reports required by paragraph (1), the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
and the Committee on Education and the Workforce of the House
of Representatives a consolidated evaluation of the activities
carried out pursuant to grants under this section.
(f) Definitions.--In this section--
(1) the term ``AED'' means an automated external
defibrillator;
(2) the term ``CPR'' means cardiopulmonary resuscitation;
(3) the terms ``elementary school'', ``local educational
agency'', and ``secondary school'' have the meanings given to
such terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(4) the term ``qualified health care entity'' means a
health care entity that--
(A) is--
(i) a public entity; or
(ii) an organization that is described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section
501(a) of such Code;
(B) demonstrates an ability to develop, train, and
implement a comprehensive program to promote student
access to defibrillation in elementary and secondary
schools; and
(C) is qualified in providing technical assistance
in AED and CPR training; and
(5) the term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $25,000,000 for the period of
fiscal years 2024 through 2028.
<all>
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118HR2371 | REAADI for Disasters Act | [
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2371 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2371
To ensure that older adults and individuals with disabilities are
prepared for disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mrs. Dingell (for herself, Mr. Fitzpatrick, Mr. Huffman, Mr. Panetta,
Ms. Norton, Mr. Bowman, and Mr. Moskowitz) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Education and the
Workforce, and Energy and Commerce, 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 ensure that older adults and individuals with disabilities are
prepared for disasters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Emergency Access for Aging and
Disability Inclusion for Disasters Act'' or the ``REAADI for Disasters
Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In the United States, according to the Centers for
Disease Control and Prevention, there are more than 61,000,000
adults who are individuals with disabilities and, according to
the Bureau of the Census, there are more than 54,000,000 adults
age 65 or older.
(2) There have been more than 145 hurricanes, resulting in
over 2,000 deaths, in the United States since 2000.
(3) The National Oceanic and Atmospheric Administration
estimates that--
(A) the cumulative damage from weather- and
climate-related disasters in 2022 cost the United
States over $165,000,000,000; and
(B) 18 of the disasters in 2022 cost over
$1,000,000,000 each.
(4) Individuals with disabilities and older adults have
been found to die at higher rates, compared to the general
population, during disasters.
(5) According to the Federal Emergency Management Agency,
in 2022--
(A) the United States experienced 90 declared
disasters affecting more than 54,000,000 people; and
(B) more than 16,000,000 of those people were
adults who were individuals with disabilities.
(6) Failure to provide accessibility for, or plan for
accommodating, individuals with physical or sensory
disabilities, chronic illness, or mental disabilities decreases
the ability of those individuals to evacuate prior to or during
a disaster.
(7) Households of individuals with disabilities are more
likely to need assistance and are less likely to be able to
evacuate in advance of disasters.
(8) Less than a third of individuals with intellectual
disabilities and individuals needing personal care attendants
have planned with their personal care providers what to do in a
disaster.
(9) Evacuation information, including orders, is not
uniformly communicated in ways and via media that are
accessible to individuals with disabilities, including being
communicated in ways that lack use of American Sign Language,
captions, and plain language on websites, instructional
materials, and television and radio announcements.
(10) Displaced individuals with disabilities served in
general population shelters have better access to information
and material resources than individuals with disabilities in
specially designed shelters.
(11) Despite better access to information and resources,
personnel in general population shelters often do not have the
resources or training to address the needs of individuals with
disabilities and older adults.
(12) Public shelters often do not have disability-related
accommodations, often forcing individuals with disabilities and
older adults to be segregated, sometimes apart from their
families and natural supports during disasters.
(13) Households with individuals with disabilities sustain
more costly property damage from disasters than households
without individuals with disabilities.
(14) Historically, disaster-related recommendations for
individuals with disabilities and older adults have been
typically aimed at caregivers and service providers, not
individuals with disabilities and older adults themselves.
(15) Thousands of individuals with disabilities have been
denied their civil rights because they do not receive
accessible notice during disasters--
(A) of spoken instructions via phone or video; or
(B) of instructions regarding evacuations,
sheltering, and other procedures during disasters.
(16) Disaster shelters and services do not routinely have
American Sign Language interpreters nor procedures written or
presented in plain language.
(17) Individuals with disabilities and older adults are
more at risk for loss of life, loss of independence, or
violation of civil rights than the general population during
times of disasters, response, and recovery.
(b) Sense of Congress.--It is the sense of Congress that--
(1) individuals with disabilities and older adults should
be supported during times of disasters, and during disaster
preparedness, response, recovery, and mitigation in order to--
(A) ensure maintenance of and access to services
and supports; and
(B) enable those individuals and adults to return
to their communities in a timely manner as compared
with the general population;
(2) during the recovery and mitigation phases of disaster
response, all buildings and services should be designed, and
constructed or reconstructed, according to principles of
universal design and to the standards established by the
Architectural and Transportation Barriers Compliance Board in
order to ensure access for individuals with disabilities, older
adults, and all individuals;
(3) individuals with disabilities and older adults should
have access to shelters and other services during disasters in
the same locations and settings as the general population;
(4) individuals with disabilities and older adults should
receive information about preparation for, response to,
recovery from, and mitigation of disasters in formats
accessible to them, including in American Sign Language,
Braille, and plain language, as well as captioned video
messages;
(5) individuals with disabilities and older adults must be
included as key speakers, essential stakeholders, and
decisionmakers in the preparation (including planning),
response, recovery, and mitigation phases of disasters;
(6) local, State (including territorial), Tribal, and
Federal disaster planning must include robust representation of
individuals with disabilities and older adults; and
(7) individuals with disabilities and older adults must be
included in the evaluation of governmental, VOAD, and other
nongovernmental preparation (including planning), response,
recovery, and mitigation of disasters.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the inclusion of individuals with disabilities
and older adults in the preparation for, response to, recovery
from, and mitigation of disasters;
(2) ensure that individuals with disabilities and older
adults with disabilities are free from discrimination on the
basis of disability or age in programs and activities, are
protected during and included in all phases of disaster
preparation, response, recovery, and mitigation;
(3) ensure compliance with the Americans with Disabilities
Act of 1990, the Rehabilitation Act of 1973, and other
disability laws during preparation for, response to, recovery
from, and mitigation of disasters;
(4) improve coordination among the communities of
individuals with disabilities and older adults, including
multiply marginalized BIPOC and LGBTQ+ communities, government
agencies, centers for independent living, VOADs, and other
nongovernmental organizations, including organizations that
represent and are comprised of covered individuals; in
preparing (including planning) for, responding to, recovery
from, and mitigation of disasters;
(5) improve outcomes for all individuals, including
individuals with disabilities and older adults, who are
affected by disasters, and increase community resilience in
responding to disasters; and
(6) enact into Federal law standards of care and standards
for protection of civil rights, for older adults and people
with disabilities, to be applied for disasters and public
health emergencies.
SEC. 4. DEFINITIONS.
In this Act:
(1) Access and functional needs.--The term ``access and
functional needs'', used with respect to an individual, means
an individual with needs such as--
(A) an individual with a disability;
(B) an older adult;
(C) an individual with limited English proficiency;
(D) an individual with limited access to
transportation that would enable the individual to
prepare for, respond to, recover from, and mitigate a
disaster; or
(E) an individual with limited access to the
financial resources that would enable the individual to
prepare for, respond to, recover from, and mitigate a
disaster.
(2) All hazards approach.--The term ``all hazards
approach'' means planning for natural, technological, or human-
caused incidents that warrant action to--
(A) protect life, property, the environment, or the
public health or safety; and
(B) minimize disruptions of school activities.
(3) Civil rights.--The term ``civil rights'', used with
respect to an individual, means the existing (as of the date of
enactment of this Act) legal rights of an individual to be free
from discrimination on the basis of disability or age in
programs and activities.
(4) Covered individual.--The term ``covered individual''
means an individual with a disability, an older adult, and an
individual with access and functional needs.
(5) Disability inclusive emergency management experience.--
The term ``disability inclusive emergency management
experience'', used with respect to an individual or entity--
(A) means an individual or entity that has--
(i) demonstrated disability leadership
experience, including working with
nongovernmental entities; and
(ii) subject matter expertise in leading
disability inclusive preparedness, response,
recovery, and mitigation initiatives that focus
on meeting the civil rights of covered
individuals who are affected by disasters, to
be free from discrimination on the basis of
disability or age in programs and activities;
and
(B) includes an individual or entity that has
demonstrated favorable outcomes that measure the
effective communication access, physical access,
program access, health, safety, and independence of
individuals affected by disasters and their
communities.
(6) Disaster.--The term ``disaster'' means an emergency or
major disaster (as such terms are defined under section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) that results in severe property damage,
deaths, or multiple injuries.
(7) Disaster services.--The term ``disaster services''
means the process of responding to a disaster and providing
humanitarian aid to individuals and communities who are
affected by a disaster.
(8) Disproportionately affected.--The term
``disproportionately affected'', used with respect to a group,
means a group of individuals with protected status, including
individuals with disabilities or older adults, who are
excessively adversely affected by disaster-related harms.
(9) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(10) Individual with a disability.--
(A) Single.--The term ``individual with a
disability'' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(B) Plural.--The term ``individuals with
disabilities'' means more than one individual with a
disability, as defined in subparagraph (A).
(11) Older adult.--The term ``older adult'' means a
resident who is age 50 or older.
(12) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(13) Resident.--The term ``resident'' means--
(A) in the case of an individual receiving
assistance through an Indian Tribal Government or other
Indian entity, a resident of an area or member of a
community governed by an Indian Tribal Government; and
(B) in the case of an individual not described in
subparagraph (A), a resident of a State that is not an
Indian Tribal Government.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) State.--The term ``State'' means any of the 50 States,
an Indian Tribal Government, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(16) Visitability standards.--The term ``visitability
standards'' means standards for Type C (Visitable) Units under
the Standards for Accessible and Usable Buildings and
Facilities (ICC A117.1-2009), or any successor standards, of
the American National Standards Institute.
(17) VOAD.--The term ``VOAD'' means a nongovernmental
organization assisting in disaster preparation, recovery,
response, or mitigation.
SEC. 5. USE OF DISASTER RESPONSE FUNDS.
Section 615 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196d) is amended--
(1) by striking ``Funds made available'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Access and functional needs.--The term `access and
functional needs', used with respect to an individual, means an
individual with needs such as--
``(A) an individual with a disability;
``(B) an older adult;
``(C) an individual with limited English
proficiency;
``(D) an individual with limited access to
transportation that would enable the individual to
prepare for, respond to, or recover from, and mitigate
an emergency or major disaster; or
``(E) an individual with limited access to the
financial resources that would enable the individual to
prepare for, respond to, recover from, or mitigate an
emergency or major disaster.
``(2) Center for independent living.--The term `center for
independent living' has the meaning given that term in section
702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
``(3) Covered recipient.--
``(A) In general.--The term `covered recipient'
means a direct or indirect recipient of funds made
available under this title for a covered use of funds.
``(B) Exclusion.--The term `covered recipient' does
not include individuals or households.
``(4) Covered use of funds.--The term `covered use of
funds' means the use of funds for the preparation for, response
to, recovery from, or mitigation of hazards.
``(5) Individual with a disability.--
``(A) Single.--The term `individual with a
disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(B) Plural.--The term `individuals with
disabilities' means more than one individual with a
disability, as defined in subparagraph (A).
``(6) Older adult.--The term `older adult' means an
individual who is age 50 or older.
``(7) Visitability standards.--The term `visitability
standards' means standards for Type C (Visitable) Units under
the Standards for Accessible and Usable Buildings and
Facilities (ICC A117.1-2009), or any successor standards, of
the American National Standards Institutes.
``(b) Use of Funds Generally.--Funds made available''; and
(2) by adding at the end the following:
``(c) Advisory Committees.--A covered recipient shall ensure that
an advisory committee that includes individuals with disabilities,
older adults, and other individuals with access and functional needs
shall oversee the use of funds made available under this title to the
covered recipient.
``(d) Compliance With Disability Laws.--A covered recipient shall
use funds made available under this title in accordance with the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
``(e) Centers for Independent Living.--A covered recipient may
contract with 1 or more centers for independent living to--
``(1) prepare for hazards;
``(2) provide personal assistance services during response
and recovery periods;
``(3) identify accessible emergency shelters and adapt
emergency shelters to be accessible;
``(4) develop accessible media, including media using
American Sign Language; and
``(5) meet other needs for individuals with disabilities,
older adults, and individuals with access and functional needs.
``(f) Contractors.--A nongovernmental organization that enters into
a contract with a covered recipient relating to a covered use of funds
shall comply with the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) in providing property or services under the contract.
``(g) Communications.--Communications relating to a covered use of
funds by a covered recipient shall be made available in languages,
including American Sign Language and other sign languages, used in the
communities receiving the communications.
``(h) Accessibility.--A covered recipient shall ensure each
facility or service made available in connection with a covered use of
funds is accessible to individuals with disabilities, older adults, and
other individuals with access and functional needs, including--
``(1) notifications relating to a hazard;
``(2) evacuation notifications;
``(3) notifications relating to disaster services; and
``(4) emergency shelters.
``(i) Visitability.--A covered recipient that, as part of a covered
use of funds, constructs or prepares dwelling units (including sleeping
units) shall ensure that the dwelling units meet visitability
standards.''.
SEC. 6. TRAINING, TECHNICAL ASSISTANCE, AND RESEARCH DISABILITY AND
DISASTER CENTERS.
(a) Purpose.--The purpose of this section is to provide financial
support to eligible entities to create centers through which the
eligible entities will--
(1) provide training and technical assistance to State,
local, Tribal, and territorial disaster relief, public health,
and social service agencies in the implementation and
enhancement of systemic and effective engagement policies,
programs, and activities that ensure--
(A) that the needs and civil rights of covered
individuals are addressed and implemented throughout
all phases of disaster preparation, response, recovery,
and mitigation; and
(B) the inclusion of covered individuals in the
development of all State, local, Tribal, and
territorial disaster preparation plans;
(2) assist Federal, State, local, Tribal, and territorial
disaster relief agencies in the coordination and integration of
Federal, State (including territorial), local, and Tribal
services and programs to serve covered individuals in the least
restrictive environment appropriate to their needs during a
disaster;
(3) conduct research and expand knowledge about covered
individuals and their experiences during the preparation,
response, recovery, and mitigation phases of disasters; and
(4) discover, through research, and disseminate knowledge
about, the most effective methods for--
(A) protecting the civil rights of covered
individuals during times of disasters;
(B) including covered individuals in all phases of
disaster preparation, response, recovery, and
mitigation;
(C) reducing their deaths, injuries and losses from
disasters;
(D) reducing the displacement and disproportionate
effects of relocation after a disaster, including
financial and social effects, on covered individuals;
and
(E) ensuring covered individuals are participants
in the research, development, and distribution of
evidence-based information regarding disasters.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or partnership of entities that--
(A) submits an application to the Secretary in
accordance with subsection (e);
(B) is or includes an institution (which may be an
institution of higher education), or a nongovernmental
organization, that focuses on--
(i) serving the needs of individuals with
disabilities; or
(ii) serving the needs of older adults;
(C) in the case of an entity or partnership with a
disability focus, has a cross-disability service focus;
(D) has experience in conducting training,
technical assistance, and research pertaining to
consumer-directed community support services for
covered individuals;
(E) includes covered individuals in positions of
leadership in the planning, management, and operation
of the programs of training, technical assistance, and
research;
(F) has knowledge and experience pertaining to the
implementation and enhancement of systemic and
effective engagement policies, programs, and activities
that promote the inclusion, needs, and civil rights of
covered individuals in preparation for, response to,
recovery from, and mitigation of disasters; and
(G) has, or will establish, an advisory council or
similar entity, of which at least 51 percent of the
members are covered individuals.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Stakeholder group.--The term ``stakeholder group''
means a group of individuals and organizations that--
(A) is committed to disability inclusive and older
adult inclusive disaster management;
(B) includes covered individuals throughout
preparedness, response, recovery, and mitigation
activities;
(C) has leaders that include covered individuals;
(D) has a governing or advisory board, of which at
least half of the members are covered individuals; and
(E) has a mission to inclusively serve covered
individuals.
(c) Authority for Grants.--The Secretary may award grants, on a
competitive basis, to eligible entities, to provide for--
(1) activities that include covered individuals in the
preparation (including planning) for, response to, recovery
from, and mitigation of disasters; and
(2) except as described in subsection (d)(2), research
related to disasters and covered individuals.
(d) Amount and Period of Grants.--
(1) Amount.--In awarding grants under this section, the
Secretary shall, to the extent practicable, award a grant to an
eligible entity in an amount that is not less than $2,500,000
and not more than $10,000,000.
(2) Distribution.--The Secretary shall award not fewer than
2 of the grants in each of the 10 Federal regions of the
Department of Health and Human Services. At least 1 grant in
each region shall be awarded to an eligible entity exclusively
to conduct training and technical assistance described in
paragraphs (1) and (2) of subsection (a).
(3) Periods.--The Secretary shall award the grants for
periods of 5 years, through an open competition held at the end
of each 5-year period. Eligible entities that receive grants
under this section may reapply for such grants at the end of
the periods.
(e) Applications.--
(1) Submissions.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require.
(2) Contents.--Each such application shall include, at a
minimum, the following:
(A) A description of the applicant's demonstrated
experience in providing training, information, and
support to individuals with disabilities in preparing
for, responding to, recovering from, and mitigating
disasters.
(B) A description of the applicant's demonstrated
experience in providing training, information, and
support to older adults in preparing for, responding
to, recovering from, and mitigating disasters.
(C) A description of the applicant's demonstrated
experience in working with Federal, State, local,
Tribal, and territorial government agencies in
preparing for, responding to, recovering from, and
mitigating disasters.
(D) A description of the steps the applicant,
acting through the center, will take to target services
to low-income individuals and individuals identified as
disproportionately affected in disasters, including
those individuals at greatest risk of
institutionalization.
(E) An assurance that the applicant, acting through
the center, will--
(i) work with State, local, Tribal, and
territorial disaster relief, public health, and
social service agencies to determine the best
means for delivery of services to address the
needs of covered individuals;
(ii) assist in establishing State, local,
Tribal, and territorial disaster plans to
address the needs of both rural and urban
populations;
(iii) in carrying out activities under the
grant, conduct sufficient outreach to centers
for independent living, VOADs, and other
nongovernmental organizations, including
organizations that represent and are comprised
of covered individuals;
(iv) include covered individuals in a
meaningful way in the development and execution
of activities carried out under the grant;
(v) provide adequate staff, including staff
who are individuals with disabilities, to carry
out the activities under the grant; and
(vi) communicate information on the
programs and systems developed under the grant,
in accessible formats and languages, including
American Sign Language, of the communities
being served.
(f) Priority.--In awarding grants for activities described in this
section, the Secretary shall give priority to eligible entities that--
(1) demonstrate a minimum of 3 years of experience in
actively conducting disability inclusive and older adult
inclusive disaster management;
(2) propose activities to address the preparedness,
response, recovery, and mitigation needs of covered
individuals;
(3) propose activities to address leadership development in
State, local, Tribal, and territorial agencies and covered
individual advocacy organizations;
(4) includes covered individuals in positions of leadership
in the planning, management, and operation of the activities
carried out under this section;
(5) demonstrate ability to provide training that prevents
bias due to disability or age, and that uses experiential
approaches and does not rely on simulations;
(6) demonstrate expertise concerning the obligation to
prevent discrimination against covered individuals on the basis
of disability and age in programs and provide activities and
specific plans for achieving and maintaining physical access,
program access, and effective communication for covered
individuals throughout all grant activities;
(7) demonstrate that the eligible entity involved will use
measurable collaboration and partnership strategies with State,
local, Tribal, and territorial agencies, centers for
independent living, VOADs, and other nongovernmental
organizations, including organizations that represent and are
comprised of covered individuals;
(8) demonstrate that the eligible entity will use
measurable disaster outcomes strategies in carrying out grant
activities;
(9) demonstrate the ability to quickly create products,
such as videos, fact sheets, guidelines, and checklists, to be
used in disaster management;
(10) employ constituents of the entity in decisionmaking
positions;
(11) provide disability inclusive and older adult inclusive
disaster management leadership skills development;
(12) demonstrate awareness of available resources in the
community for meeting the preparedness, response, recovery, and
mitigation needs of covered individuals; and
(13) demonstrate expertise in promoting the use of
universal design (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)), the philosophy of
independent living (within the meaning of that philosophy in
title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et
seq.)), intersectionality imperatives, and the social model of
disability.
(g) Use of Funds.--
(1) In general.--Grant funds made available under this
section shall be used only for activities described in and
approved by the Secretary as a part of an application submitted
under subsection (e), to carry out--
(A) a strategy designed to ensure the inclusion of
covered individuals in the preparation (including
planning) for, response to, recovery from, and
mitigation of disasters; and
(B) research to enhance the activities described in
subparagraph (A), using not more than 25 percent of the
grant funds to carry out that research.
(2) Activities.--Such activities may include initiatives
that provide comprehensive training, technical assistance,
development of funding sources, and support to State, local,
Tribal, and territorial disaster relief, public health, and
social service agencies and stakeholder groups, in order to
ensure that, in carrying out disaster management planning and
programs, the agencies and groups address the inclusion, civil
rights, and needs of covered individuals by--
(A) hiring personnel with direct knowledge of and
experience with meeting the civil rights of covered
individuals to be free from discrimination on the basis
of disability or age in programs and activities;
(B) training staff of State, local, Tribal, and
territorial disaster relief, public health, and social
service agencies on the needs and civil right of
covered individuals, preferably through training by
experts who are, collectively, individuals with
disabilities and older adults;
(C) creating partnerships between eligible
entities, State, local, Tribal, and territorial
disaster relief, public health, and social service
agencies, centers for independent living, VOADs, and
other nongovernmental organizations, including
organizations that represent and are comprised of
covered individuals;
(D) assisting in the development and
implementation, in partnership with State, local,
Tribal, and territorial disaster relief, public health,
and social service agencies, of plans that will provide
for a continuum of services to remove barriers to full
engagement for covered individuals during a disaster
and in preparedness (including planning) for, response
to, recovery from, and mitigation of a disaster;
(E) assisting in the creation of standards and
identification of funding sources for rebuilding
disaster-damaged housing and new housing that is
accessible, affordable, and disaster-resilient;
(F) assisting in the creation of standards for
homeowner and flood insurance coverage for rebuilding
disaster-damaged housing and new housing that is
accessible, affordable, and disaster-resilient;
(G) establishing universal design and accessibility
standards, and establishing specifications for
visitability (based on the visitability standards), for
achieving and maintaining equal access for covered
individuals throughout all hazard mitigation and
disaster resilience activities;
(H) establishing initiatives to increase new and
transferred technology and innovations to solve
notification, evacuation, health maintenance, and other
barriers for covered individuals before, during, and
after disasters; and
(I) conducting research, in partnership with
covered individuals, that will contribute to knowledge
and strategies to--
(i) decrease injuries, deaths, and harm to
covered individuals;
(ii) create inclusive disaster
preparedness, recovery, response, and
mitigation strategies for State, local, Tribal,
and territorial agencies, centers for
independent living, VOADs, and other
nongovernmental organizations, including
organizations that represent and are comprised
of covered individuals;
(iii) preserve community living options and
access to needed services and supports for
covered individuals during post-disaster
periods; and
(iv) conduct longitudinal studies that
create and maintain datasets to assist in the
understanding of Federal, State, local, Tribal,
and territorial policies designed to reduce the
negative impact of disasters on covered
individuals and protect the civil right of
covered individuals to be free from
discrimination on the basis of disability or
age in programs and activities.
(3) Standards and guidelines.--The Secretary shall
establish standards and guidelines for activities supported by
a grant under this section. Such standards and guidelines shall
be developed with the input of stakeholder groups. In a
situation in which a refinement or adaptation of the standards
or guidelines is made necessary by a local circumstance, the
Secretary shall enter into negotiations with an eligible entity
applying for such a grant for a project in the affected area,
to refine or adapt the standards and guidelines for the
project.
(h) Individual Rights.--Notwithstanding any other provision of this
section, no entity, agency, or group assisted under this section shall
take any action that infringes in any manner on the civil right of
covered individuals to be free from discrimination on the basis of
disability or age in programs and activities.
(i) Reports.--Not later than January 31 of fiscal years 2026 and
2028, the Secretary shall submit to Congress a report describing the
activities carried out under this section during the preceding 2 fiscal
years.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2024 through 2028.
SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or partnership of entities that--
(A) submits an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may reasonably require;
(B) is or includes an institution (which may be an
institution of higher education), or a nongovernmental
organization, that focuses on--
(i) serving the needs of individuals with
disabilities; or
(ii) serving the needs of older adults;
(C) in the case of an entity or partnership with a
disability focus, has a cross-disability service focus;
(D) has experience in conducting training,
technical assistance, and research pertaining to
consumer-directed community support services for
covered individuals;
(E) includes covered individuals in positions of
leadership in the planning, management, and operation
of the programs of training, technical assistance, and
research;
(F) has knowledge and experience pertaining to the
implementation and enhancement of systemic and
effective engagement policies, programs, and activities
that promote the inclusion, needs, and civil right of
covered individuals in preparation for, response to,
recovery from, and mitigation of disasters; and
(G) has, or will establish, an advisory council or
similar entity, of which at least 51 percent of the
members are covered individuals.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 6(b).
(b) Grants, Contracts, and Cooperative Agreements.--
(1) In general.--The Secretary shall award grants to, or
enter into contracts or cooperative agreements with, eligible
entities on a competitive basis to carry out projects of
national significance that--
(A) create opportunities for individuals with
disabilities and older adults to directly contribute to
improving preparation for, recovery from, response to,
and mitigation of disasters;
(B) support the development of State, local,
Tribal, and territorial policies that reinforce and
promote the inclusion of individuals with disabilities
and older adults in Federal, State, local, Tribal, and
territorial community preparation for disasters; and
(C) support research that--
(i) tracks, in the short-term and long-
term, the effects of disasters on individuals
with disabilities and older adults;
(ii) identifies evidence-based practices
that enhance inclusion of individuals with
disabilities and older adults to participate in
and lead preparation for disasters at Federal,
State, local, Tribal, and territorial levels;
(iii) leads to the creation of strategies
and procedures to implement community level
practices that decrease deaths, injuries, and
harm resulting from disasters to individuals
with disabilities and older adults;
(iv) contributes to the protection of the
civil right of covered individuals with
disabilities and older adults to be free from
discrimination on the basis of disability or
age in programs and activities, and self-
determination of those individuals and adults,
while also promoting their safety and well-
being during and following disasters;
(v) contributes to the development of
Federal, State, local, Tribal, and territorial
policies that enhance collaboration among
governmental entities, centers for independent
living, VOADs, and other nongovernmental
organizations, including organizations that
represent and are comprised of covered
individuals, to improve the inclusion of
covered individuals in preparation for,
response to, recovery from, and mitigation of
disasters; and
(vi) contributes to other efforts, as
determined by the Secretary, to advance the
purposes of this section.
(2) Amount, quantity, and duration.--In awarding grants or
entering into contracts or cooperative agreements under this
section, the Secretary shall--
(A) to the extent practicable, ensure that each
such grant, contract, or cooperative agreement is for
an amount that is not less than $2,500,000 and not more
than $10,000,000;
(B) award or enter into not less than 4 grants,
contracts, or cooperative agreements; and
(C) ensure that each such grant, contract, or
cooperative agreement is for a period of not less than
3 years and not more than 5 years.
SEC. 8. CRISIS STANDARDS OF CARE AND CIVIL RIGHTS LAWS.
(a) Standards of Care.--States and local governmental entities
shall develop crisis standards of care for implementation during the
period of a disaster or public health emergency pursuant to the
nondiscrimination requirements under--
(1) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794); and
(2) section 1557 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18116).
(b) Inclusions.--In developing and implementing crisis standards of
care in accordance with subsection (a), States and local governmental
entities shall comply with:
(1) The crisis standards of care described in the guidance
issued by the Office for Civil Rights of the Department of
Health and Human Services entitled ``Bulletin: Civil Rights,
HIPAA, and the Coronavirus Disease 2019 (COVID-19)'' and dated
March 28, 2020, and any best practices developed by the Office
of Civil Rights pursuant to such guidance.
(2) The following requirements:
(A) States and local governmental entities may not
develop or implement potentially discriminatory
policies that negatively affect covered individuals or
children. Such policies may address the application of
crisis standards of care in resource-constrained
settings during disasters and public health
emergencies.
(B) During disasters and public health emergencies,
civil rights may not be suspended or waived.
(C) Crisis standards of care shall reflect that
every human being has fundamental and inherent dignity,
equity, and worth, and has a right to be treated
equally and fairly in the provision of health care
services under Federal civil rights laws.
(D) Crisis standards of care shall be sufficiently
clear to allow practitioners to apply such standards of
care, especially when stewarding of scare resources
means withholding or withdrawing critical care
services. Such standards of care shall reflect the
values, wishes, and interest of all patients,
especially covered individuals and children.
(E) States and local governmental entities shall
partner with, and work to ensure strong public
engagement of, community and provider stakeholders,
with particular attention to the needs of covered
individuals and children.
(F) States and local governmental entities shall
use ethically and clinically sound planning to secure
equitable allocation of resources and fair protections
for covered individuals and children.
(G) States and local governmental entities shall
develop specific response measures to meet the needs of
covered individuals and children.
(H) States and local governmental entities shall
seek to eliminate the use of class, race, ethnicity,
neighborhood, disability, and age in decisions relating
to access of care.
SEC. 9. NATIONAL COMMISSION ON DISABILITY RIGHTS AND DISASTERS.
Section 2811C of the Public Health Service Act (42 U.S.C. 300hh-
10d) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``17 members''
and inserting ``45 members'';
(B) in paragraph (2), by adding at the end the
following:
``(N) 11 members, representing the disability
community and reflecting the diverse characteristics of
its members, who shall--
``(i) represent individuals with
disabilities with a wide variety of disaster
experiences, including cross-disability
representation;
``(ii) be geographically diverse;
``(iii) be ethnically and racially diverse;
``(iv) be of diverse ages, and include
older adults;
``(v) represent both genders, and include
members that represent a variety of sexual
orientations and gender identities;
``(vi) include veterans; and
``(vii) be linguistically diverse;
``(O) 1 representative from each of--
``(i) a coastal State emergency management
agency with an employee in a position with
established duties relating to integration of
individuals with disabilities or to addressing
access and functional needs;
``(ii) a noncoastal State emergency
management agency with an employee in a
position described in clause (i);
``(iii) a Tribal emergency management
agency with an employee in a position described
in clause (i);
``(iv) a territorial emergency management
agency with an employee in a position described
in clause (i);
``(v) a nongovernmental organization
providing disaster preparedness and response
services;
``(vi) a local urban disaster management
entity, which representative has disability
inclusive emergency management experience;
``(vii) a local rural disaster management
entity, which representative has disability
inclusive emergency management experience;
``(viii) a local disability organization
with a cross-disability focus;
``(ix) a State disability organization with
a cross-disability focus;
``(x) a national disability organization
with a cross-disability focus;
``(xi) a national older adults
organization;
``(xii) the Council of the Inspectors
General on Integrity and Efficiency;
``(xiii) a low-income housing organization,
who has expertise in the civil rights of
disaster-affected covered individuals; and
``(xiv) a representative of a legal
services agency with expertise in the civil
rights of disaster-affected covered
individuals;
``(P) The Secretary of Transportation.
``(Q) The Director of Disability Policy for the
Domestic Policy Council.''; and
(C) by adding at the end the following:
``(3) Definitions.--In this section, the terms `access and
functional needs', `civil rights', `covered individual',
`disability inclusive emergency management experience',
`disaster', `individuals with disabilities', `older adult', and
`State' have the meanings given the terms in section 4 of the
REAADI for Disasters Act.'';
(2) by redesignating subsection (g) as subsection (h);
(3) by inserting after subsection (f) the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2024 through 2027.''; and
(4) in subsection (h), as so redesignated--
(A) in paragraph (1), by striking ``on September
30, 2023'' and inserting ``4 years after the date of
enactment of the REAADI for Disasters Act''; and
(B) in paragraph (2), by striking ``October 1,
2022'' and inserting ``2 years after the date of
enactment of the REAADI for Disasters Act''.
SEC. 10. REVIEW OF SETTLEMENT AGREEMENTS RELATED TO DISASTERS AND
INDIVIDUALS WITH DISABILITIES AND OLDER ADULTS.
(a) Definitions.--In this section:
(1) Chief of the disability rights section.--The term
``Chief of the Disability Rights Section'' means the Chief of
the Disability Rights Section of the Civil Rights Division of
the Department of Justice.
(2) Committee.--The term ``Committee'' means the Disability
and Disaster Preparedness Advisory Committee established under
subsection (b).
(3) Covered committee of congress.--The term ``covered
committee of Congress'' means--
(A) the Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Education and the
Workforce, and the Committee on Energy and Commerce of
the House of Representatives.
(4) Covered settlement agreement.--The term ``covered
settlement agreement'' means a settlement agreement--
(A) entered into by the United States during the
period beginning on January 1, 2005, and ending on the
first December 31 after the date of enactment of this
Act; and
(B) that relates to a potential violation of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) in connection with the preparation for,
response to, recovery from, or mitigation of a
disaster.
(b) Establishment of Committee.--There is established an advisory
committee, to be known as the ``Disability and Disaster Preparedness
Advisory Committee'' to review covered settlement agreements.
(c) Membership.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Attorney General shall appoint the
members of the Committee, which shall include--
(A) employees of the Department of Justice; and
(B) not less than 3 disability rights advocates
who--
(i) are not employees of the Federal
Government;
(ii) are individuals with disabilities; and
(iii) have disability inclusive emergency
management experience.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Committee shall be
appointed for the life of the Committee.
(B) Vacancies.--Any vacancy in the Committee--
(i) shall not affect the powers of the
Committee; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Chairperson and vice chairperson.--The members of the
Committee shall elect a Chairperson and a Vice Chairperson from
among the members, not less than 1 of whom shall be a member
appointed under paragraph (1)(B).
(4) Meetings.--
(A) In general.--The Committee shall meet at the
call of the Chairperson.
(B) Quorum.--A majority of the members of the
Committee shall constitute a quorum, but a lesser
number of members may hold hearings.
(d) Duties.--The Committee shall--
(1) conduct a review of each covered settlement agreement;
(2) review annual reports and recommendations provided to
each covered committee of Congress relating to addressing the
needs of covered individuals in the preparation for, response
to, recovery from, or mitigation of a disaster;
(3) not later than 1 year after the date of enactment of
this Act, submit a report containing the findings and
recommendations of the Committee to--
(A) each covered committee of Congress;
(B) any other entity of Congress with jurisdiction
over matters relating to addressing the needs of
covered individuals in the preparation for, response
to, recovery from, or mitigation of a disaster;
(C) the Attorney General;
(D) the Secretary of Education;
(E) the Secretary of Homeland Security;
(F) the Secretary of Health and Human Services;
(G) the Secretary of Transportation; and
(H) the President, through the Director of
Disability Policy for the Domestic Policy Council; and
(4) provide the comments and recommendations described in
section 10(b)(2).
(e) Powers of Committee.--
(1) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from any Federal department or agency such information
as the Committee considers necessary to carry out this
section.
(B) Furnishing information.--On request of the
Chairperson of the Committee, the head of the
department or agency shall furnish the information to
the Committee.
(C) Disability rights section.--The Chief of the
Disability Rights Section shall submit to the Committee
a report on the oversight of covered settlement
agreements a sufficient period of time before the date
specified in subsection (d)(3) to allow the Committee
to review the report and include the report of the
Chief of the Disability Rights Section in the report of
the Committee under subsection (d)(3).
(3) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(f) Committee Personnel Matters.--
(1) Compensation of members.--
(A) In general.--A member of the Committee who is
not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the performance of the duties of the
Committee.
(B) Federal members.--A member of the Committee who
is an officer or employee of the United States shall
serve without compensation in addition to that received
for service as an officer or employee of the United
States.
(2) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their home or regular places of business
in the performance of services for the Committee.
(3) Staff.--
(A) In general.--The Chairperson of the Committee
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Committee to perform
the duties of the Committee, except that the employment
of an executive director shall be subject to
confirmation by the Committee.
(B) Compensation.--The Chairperson of the Committee
may fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of that title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that
title.
(g) Termination of Committee.--The Committee shall terminate 90
days after the date on which the Committee submits the report required
under subsection (d)(3).
(h) Reports by Disability Rights Section.--On and after the date on
which the Committee submits the report required under subsection
(d)(3), the Chief of the Disability Rights Section shall publish an
annual report on the oversight of settlement agreements relating to
disaster preparation, response, recovery, and mitigation activities.
SEC. 11. GAO REPORT ON PAST USE OF DISASTER FUNDS.
(a) Investigation.--Not later than 60 days after the date of
enactment of this Act, the Comptroller General of the United States
shall begin to conduct an investigation of whether, on or after January
1, 2005, Federal agencies have complied with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), in expending
Federal funds to prepare for, respond to, recover from, or mitigate
disasters, including whether and, if so, how such funds were used to
ensure accessibility to services and supports for individuals with
disabilities and older adults.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall, in
accordance with paragraph (2), issue a report on the
investigation conducted under subsection (a), along with
recommendations for remediation of any misexpenditures
identified.
(2) Review.--
(A) In general.--Prior to issuing the report under
paragraph (1), the Comptroller General shall obtain
comments and recommendations on a draft version of the
report, including the recommendations described in
subparagraph (B), from the National Advisory Committee
on Individuals with Disabilities and Disasters
established under section 2811C of the Public Health
Service Act (42 U.S.C. 300hh-10d) and the Disability
and Disaster Preparedness Advisory Committee
established under section 9(b) (referred to in this
paragraph as the ``Committees''), and any other agency
determined appropriate by the Secretary.
(B) Committee recommendations on additional
sources.--The recommendations obtained under
subparagraph (A) shall include recommendations from the
Committees regarding additional sources the Comptroller
General may interview for purposes of the investigation
under subsection (a).
<all>
</pre></body></html>
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118HR2372 | STAND with Taiwan Act of 2023 | [
[
"G000579",
"Rep. Gallagher, Mike [R-WI-8]",
"sponsor"
],
[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2372 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2372
To require the imposition of sanctions with respect to the People's
Republic of China if the People's Liberation Army initiates a military
invasion of Taiwan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, Ways and Means, the Judiciary, and Rules, 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 require the imposition of sanctions with respect to the People's
Republic of China if the People's Liberation Army initiates a military
invasion of Taiwan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctions Targeting Aggressors of
Neighboring Democracies with Taiwan Act of 2023'' or the ``STAND with
Taiwan Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a free and prosperous democracy of nearly
24,000,000 people, an important contributor to peace and
stability around the world, and continues to embody and promote
democratic values, freedom, and human rights in Asia.
(2) The policy of the United States toward Taiwan is guided
by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the
United States-People's Republic of China joint communiques
concluded in 1972, 1978, and 1982, and the Six Assurances that
President Ronald Reagan communicated to Taiwan in 1982.
(3) Under section 2 of the Taiwan Relations Act (22 U.S.C.
3301), it is the policy of the United States--
(A) ``to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations
between the people of the United States and the people
on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area'';
(B) ``to declare that peace and stability in the
area are in the political, security, and economic
interests of the United States, and are matters of
international concern'';
(C) ``to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful
means'';
(D) ``to consider any effort to determine the
future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States'';
(E) ``to provide Taiwan with arms of a defensive
character''; and
(F) ``to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan''.
(4) For decades and increasingly since the election of
President Tsai Ing-wen as President of Taiwan in 2016, the
Chinese Communist Party has employed a variety of coercive
military and nonmilitary tactics short of armed conflict in its
efforts to exert existential pressure on Taiwan, including
through diplomatic isolation, restricting tourism,
cyberattacks, spreading disinformation, and controlling the
ability of Taiwan to purchase COVID-19 vaccines from other
countries.
(5) Since 2020, military incursions by the People's
Republic of China into Taiwan's air defense identification zone
have been occurring at a rapidly increasing pace. In 2022, such
incursions occurred 1,700 times, nearly double the total in
2021, which was itself almost triple the 2020 total.
(6) Since 2021, there has been a notable increase in
military provocations by the People's Liberation Army against
Taiwan, including incursions over the midline separating the
People's Republic of China from Taiwan, holding military
exercises in the vicinity of Taiwan's controlled waters, and
performing live-fire exercises in the South China Sea.
(7) In August 2022, the People's Republic of China held
unprecedented live-fire military exercises and a simulated
blockade involving hundreds of military aircraft, dozens of
warships, and launches of short-range ballistic missiles over
the territory of Taiwan.
(8) The People's Republic of China is attempting to erase
the midline separating it from Taiwan, increasing the prospects
for incidental contact between forces of the People's Republic
of China and Taiwan as well as shorting reaction times related
to provocations by the People's Republic of China.
(9) On August 10, 2022, the Taiwan Affairs Office of the
State Council of the People's Republic of China released a
white paper entitled ``The Taiwan Question and China's
Reunification in the New Era'' that reiterated the long-
standing position of the Government of the People's Republic of
China not to renounce the use of force to bring about
unification with Taiwan and to ``always be ready to respond
with the use of force . . . to interference by external forces
or radical action by separatist elements''.
(10) In March 2021, then Commander of the United States
Indo-Pacific Command Admiral Philip Davidson testified that the
threat of a military invasion of Taiwan by the People's
Liberation Army ``is manifest during this decade, in fact in
the next six years''.
(11) In March 2021, then Commander of the United States
Pacific Fleet Admiral John Aquilino testified that the threat
of a military invasion by the People's Liberation Army of
Taiwan is ``much closer to us than most think'' and could
materialize well before 2035.
(12) On February 24, 2022, the Armed Forces of the Russian
Federation initiated an unprovoked and unjustified invasion of
Ukraine, resulting in at least 14,000 civilian casualties,
including more than 5,000 deaths.
(13) The Russian Federation invasion has destabilized
global markets and supply chains, from energy to food,
contributing to high inflation and recession in the United
States and deep cuts to global gross domestic product.
(14) With the assistance of the United States and European
allies, Ukrainian forces have successfully repelled the Russian
Federation invasion and recaptured significant portions of
territory taken by the Russian Federation in the initial stages
of the invasion.
(15) In addition to military power, timely messaging around
the use of economic and financial instruments of United States
power and their potential use can have an important deterrent
effect on the actions of other countries.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the interests of the United States to maintain
a free and open Indo-Pacific region, with peace and stability
in the Taiwan Strait as a critical component;
(2) efforts by the Government of the People's Republic of
China and the Chinese Communist Party to unilaterally determine
the future of Taiwan through non-peaceful means, including
threats and the direct use of force, military coercion,
economic boycotts or embargoes, cyberattacks, and efforts to
internationally isolate or annex Taiwan--
(A) directly undermine the spirit, intent, and
purpose of the Taiwan Relations Act (22 U.S.C. 3301 et
seq.);
(B) undermine peace and stability in the Taiwan
Strait;
(C) limit a free and open Indo-Pacific region; and
(D) are of grave concern to the Government of the
United States;
(3) the initiation of a military invasion of Taiwan by the
People's Liberation Army would--
(A) constitute a threat to the peace and security
of the Western Pacific Area and threaten the peace
stability of the entire globe; and
(B) undermine the core political, security, and
economic interests of the United States at home and
abroad; and
(4) as an important deterrent measure against a military
invasion of Taiwan, the Government of the People's Republic of
China and the Chinese Communist Party must understand that
initiating such an invasion will result in catastrophic
economic and financial consequences for the People's Republic
of China.
SEC. 4. STATEMENT OF POLICY.
The policy of the Government of the United States on Taiwan is
guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the United
States-People's Republic of China joint communiques concluded in 1972,
1978, and 1982, and the Six Assurances that President Ronald Reagan
communicated to Taiwan in 1982, but in the event of the initiation of a
military invasion of Taiwan by the People's Liberation Army, it is the
policy of the United States--
(1) to use and deploy all economic, commercial, and
financial instruments and levers of power, including--
(A) the imposition of sanctions with respect to
leadership of the Chinese Communist Party, key
officials of the Government of the People's Republic of
China, and financial institutions and other entities
affiliated with the Chinese Communist Party or the
Government of the People's Republic of China;
(B) prohibiting the listing or trading of the
securities of Chinese entities on United States
securities exchanges;
(C) prohibiting investments by United States
financial institutions in economic sectors of the
People's Republic of China; and
(D) prohibiting the importation of certain goods
mined, produced, or manufactured in the People's
Republic of China into the United States; and
(2) to work in close coordination with allies and partners
of the United States to encourage those allies and partners to
undertake similar economic, commercial, and financial actions
against the Government of the People's Republic of China and
the Chinese Communist Party.
SEC. 5. DEFINITIONS.
In this Act:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Financial
Services of the House of Representatives.
(4) Covered determination.--The term ``covered
determination'' has the meaning given that term in section
6(a).
(5) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(6) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(7) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Military invasion.--The term ``military invasion''
includes--
(A) an amphibious landing or assault;
(B) an airborne operation or air assault;
(C) an aerial bombardment or blockade;
(D) missile attacks, including rockets, ballistic
missiles, cruise missiles, and hypersonic missiles;
(E) a naval bombardment or blockade; and
(F) attack on any territory controlled or
administered by the Government of Taiwan, including
offshore islands controlled or administered by that
Government.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 6. DETERMINATION OF THE INITIATION OF A MILITARY INVASION BY THE
PEOPLE'S LIBERATION ARMY OR ITS PROXIES.
(a) Covered Determination Defined.--In this Act, the term ``covered
determination'' means--
(1) a determination by the President, not later than 24
hours after a military invasion of Taiwan by the People's
Liberation Army or any of its proxies, that such an invasion
has occurred; or
(2) the enactment of a joint resolution pursuant to
subsection (b).
(b) Determination by Joint Resolution.--
(1) Covered joint resolution defined.--In this subsection,
the term ``covered joint resolution'' means only a joint
resolution of either House of Congress the sole matter after
the resolving clause of which is as follows: ``That Congress
determines that the People's Liberation Army or one of its
proxies initiated a military invasion of Taiwan on ___.'', with
the blank space being filled with the appropriate date.
(2) Introduction.--A covered joint resolution may be
introduced--
(A) in the House of Representatives, by the
majority leader (or the majority leader's designee) or
the minority leader (or the minority leader's
designee); and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(3) Floor consideration in house of representatives.--
(A) Discharge from committee.--If a committee of
the House of Representatives to which a covered joint
resolution has been referred has not reported the joint
resolution within 2 calendar days after the date of
referral of the joint resolution, the committee shall
be discharged from further consideration of the joint
resolution and the joint resolution shall be placed on
the appropriate calendar.
(B) Moving to consideration.--At any time after a
covered joint resolution has been placed on the
appropriate calendar, it is in order for the sponsor of
the joint resolution (or a designee) to move for the
consideration of that joint resolution.
(C) Points of order; motions.--All points of order
against the covered joint resolution and its
consideration are waived. If the motion under
subparagraph (B) is agreed to, the joint resolution
shall remain the unfinished business of the House until
disposed of, except as provided in paragraph (5).
(D) No amendments.--A covered joint resolution
shall not be subject to amendment in the House of
Representatives.
(E) Debate.--General debate on a covered joint
resolution shall not exceed 4 hours, which shall be
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent.
(F) Final passage.--At the conclusion of debate,
the previous question shall be considered as ordered on
the resolution, and the House of Representatives shall
vote on final passage without intervening motion.
(4) Consideration in the senate.--
(A) Reporting and discharge.--If the committee of
the Senate to which a covered joint resolution was
referred has not reported the joint resolution within 2
calendar days after the date of referral of the joint
resolution, that committee shall be discharged from
further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate
calendar.
(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the committee of the Senate to
which a covered joint resolution was referred reports
the joint resolution to the Senate or has been
discharged from consideration of the joint resolution
(even though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against
consideration of the joint resolution) are waived. The
motion to proceed is not debatable. The motion is not
subject to a motion to postpone.
(C) No amendments.--An amendment to a covered joint
resolution, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit a covered joint resolution, is not
in order.
(D) Consideration.--
(i) Limitation on debate.--Consideration in
the Senate of a covered joint resolution shall
be limited to not more than 10 hours, which
shall be equally divided between, and
controlled by, the majority leader and the
minority leader, or by their designees.
(ii) Vote on adoption.--Whenever all the
time for debate on a covered joint resolution
has been used or yielded back, the vote on the
adoption of the resolution shall occur without
any intervening motion or amendment, except
that a single quorum call at the conclusion of
the debate if requested in accordance with the
Rules of the Senate may occur immediately
before such vote.
(E) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a covered joint
resolution shall be decided without debate.
(F) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a covered
joint resolution, including all debatable motions and
appeals in connection with the joint resolution, shall
be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Treatment of senate joint resolution in
house.--In the House of Representatives, the following
procedures shall apply to a covered joint resolution
received from the Senate (unless the House has already
passed a joint resolution relating to the same proposed
action):
(i) The joint resolution shall be referred
to the appropriate committees.
(ii) If a committee to which a joint
resolution has been referred has not reported
the joint resolution within 2 calendar days
after the date of referral, that committee
shall be discharged from further consideration
of the joint resolution.
(iii) Beginning on the third legislative
day after the committee to which a joint
resolution has been referred reports the joint
resolution to the House or has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider the
joint resolution in the House. All points of
order against the motion are waived. Such a
motion shall not be in order after the House
has disposed of a motion to proceed on the
joint resolution. The previous question shall
be considered as ordered on the motion to its
adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of
shall not be in order.
(iv) The joint resolution shall be
considered as read. All points of order against
the joint resolution and against its
consideration are waived. The previous question
shall be considered as ordered on the joint
resolution to final passage without intervening
motion except 4 hours of debate equally divided
and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
joint resolution shall not be in order.
(B) Treatment of house joint resolution in
senate.--
(i) Receipt before passage.--If, before the
passage by the Senate of a covered joint
resolution, the Senate receives an identical
joint resolution from the House of
Representatives, the following procedures shall
apply:
(I) That joint resolution shall not
be referred to a committee.
(II) With respect to that joint
resolution--
(aa) the procedure in the
Senate shall be the same as if
no joint resolution had been
received from the House of
Representatives; but
(bb) the vote on passage
shall be on the joint
resolution from the House of
Representatives.
(ii) Receipt after passage.--If, following
passage of a covered joint resolution in the
Senate, the Senate receives an identical joint
resolution from the House of Representatives,
that joint resolution shall be placed on the
appropriate Senate calendar.
(iii) No companion measure.--If a covered
joint resolution is received from the House,
and no companion joint resolution has been
introduced in the Senate, the Senate procedures
under this subsection shall apply to the House
joint resolution.
(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a covered joint resolution
that is a revenue measure.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND MEMBERS
OF THE CHINESE COMMUNIST PARTY.
(a) In General.--Not later than 3 days after making a covered
determination, the President shall impose the sanctions described in
subsection (d) with respect to officials of the Government of the
People's Republic of China and members of the Chinese Communist Party
specified in subsection (b), to the extent such officials and members
can be identified.
(b) Officials Specified.--The officials specified in this
subsection shall include--
(1) senior civilian and military officials of the People's
Republic of China and military officials who have command or
clear and direct decision-making power over military campaigns,
military operations, and military planning against Taiwan
conducted by the People's Liberation Army;
(2) senior civilian and military officials of the People's
Republic of China who have command or clear and direct
decision-making power in the Chinese Coast Guard and the
Chinese People's Armed Police and are engaged in planning or
implementing activities that involve the use of force against
Taiwan;
(3) senior or special advisors to the General Secretary of
the Chinese Communist Party, the Chairman of the Central
Military Commission, or the President of the People's Republic
of China;
(4) officials of the Government of the People's Republic of
China who are members of the top decision-making bodies of that
Government;
(5) the highest-ranking Chinese Communist Party members of
the decision-making bodies referred to in paragraph (4); and
(6) officials of the Government of the People's Republic of
China in the intelligence agencies or security services who--
(A) have clear and direct decision-making power;
and
(B) have engaged in or implemented activities
that--
(i) materially undermine the military
readiness of Taiwan;
(ii) overthrow or decapitate Taiwan's
government;
(iii) debilitate Taiwan's electric grid,
critical infrastructure, or cybersecurity
systems through offensive electronic or cyber
attacks;
(iv) undermine Taiwan's democratic
processes through campaigns to spread
disinformation; or
(v) involve committing serious human rights
abuses against citizens of Taiwan, including
forceful transfers, enforced disappearances,
unjust detainment, or torture.
(c) Additional Officials.--
(1) List required.--Not later than 30 days after making a
covered determination, and every 90 days thereafter, the
President shall submit a list to the appropriate congressional
committees that identifies any additional foreign persons who--
(A) the President determines are officials
specified in subsection (b); and
(B) who were not included on any previous list of
such officials.
(2) Imposition of sanctions.--Upon the submission of the
list required under paragraph (1), the President shall impose
the sanctions described in subsection (d) with respect to each
official included on the list.
(d) Sanctions Described.--The sanctions described in this
subsection to be imposed with respect to an official specified in
subsection (b) or (c) are the following:
(1) Blocking of property.--
(A) In general.--The President shall exercise all
of the powers granted by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to block
and prohibit all transactions in all property and
interests in property of the official if such property
and interests in property are in the United States,
come within the United States, or are or come within
the possession or control of a United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--The official
shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of the official shall be revoked,
regardless of when such visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
subparagraph (A) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the official's possession.
(e) Exception for Compliance With International Obligations and Law
Enforcement Activities.--Sanctions under this section shall not apply
with respect to an official if--
(1) admitting or paroling the official into the United
States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
in the United States; or
(2) the alien holds a valid, unexpired A-1, A-2, C-2, G-1,
or G-2 visa.
(f) Top Decision-Making Bodies Defined.--In this section, the term
``top decision-making bodies'' may include--
(1) the Political Bureau of the Central Committee of the
Chinese Communist Party;
(2) the Standing Committee of the Political Bureau of the
Central Committee of the Chinese Communist Party;
(3) the Central Military Commission of the Chinese
Communist Party;
(4) the Central Military Commission of the People's
Republic of China;
(5) the National People's Congress of the People's Republic
of China;
(6) the Central Committee of the Chinese Communist Party;
and
(7) the State Council of the People's Republic of China.
SEC. 8. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS
AFFILIATED WITH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF CHINA.
(a) In General.--Not later than 3 days after a covered
determination is made, the Secretary of the Treasury--
(1) shall impose the sanctions described in subsection (c)
with respect to each joint-equity bank, national joint-stock
commercial bank, and national state-owned policy bank; and
(2) may impose those sanctions with respect to any
subsidiary of, or successor entity to, a joint-equity bank,
national joint-stock commercial bank, or national state-owned
policy bank.
(b) Additional People's Republic of China Financial Institutions.--
(1) List required.--Not later than 30 days after a covered
determination is made, and every 90 days thereafter, the
President shall submit a list to the appropriate congressional
committees that identifies any foreign persons that the
President determines--
(A) are significant financial institutions owned or
operated by the Government of the People's Republic of
China; and
(B) should be sanctioned in the interest of United
States national security.
(2) Imposition of sanctions.--Upon the submission of each
list required under paragraph (1), the President shall impose
the sanctions described in subsection (c) with respect to each
foreign person identified on such list.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--
(A) In general.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person subject to subsection (a)
or (b) if such property and interests in property are
in the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(2) Restrictions on correspondent and payable-through
accounts.--The President shall prohibit the opening, and
prohibit or impose strict conditions on the maintaining, in the
United States of a correspondent account or payable-through
account by a foreign person subject to subsection (a) or (b).
(d) Definitions.--In this section:
(1) Joint-equity bank.--The term ``joint-equity bank''
means a bank under the jurisdiction of the People's Republic of
China in which--
(A) the bank's equity is owned jointly by the
shareholders; and
(B) the Government of the People's Republic of
China holds an interest.
(2) National joint-stock commercial bank.--The term
``national joint-stock commercial bank'' means a bank under the
jurisdiction of the People's Republic of China in which--
(A) the bank's stock is owned jointly by the
shareholders; and
(B) the Government of the People's Republic of
China holds an interest.
(3) National state-owned policy bank.--The term ``national
state-owned policy bank'' means a bank that--
(A) is incorporated in the People's Republic of
China; and
(B) was established by the Government of the
People's Republic of China to advance investments in
specific policy domains that advance the interests and
goals of the People's Republic of China.
SEC. 9. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES OWNED BY OR
AFFILIATED WITH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF CHINA OR THE CHINESE COMMUNIST PARTY.
(a) In General.--Not later than 3 days after a covered
determination is made, the Secretary of the Treasury shall impose the
sanctions described in subsection (b) with respect to any entity that--
(1) the Government of the People's Republic of China or the
Chinese Communist Party has an ownership interest in; or
(2) is otherwise affiliated with the Government of the
People's Republic of China or the Chinese Communist Party.
(b) Blocking of Property.--
(1) In general.--The President shall exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of an entity in an industry
subject to subsection (a) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of this section.
SEC. 10. PROHIBITION ON TRANSFERS OF FUNDS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Except as provided by subsection (b), not later
than 3 days after a covered determination is made, a depository
institution (as defined in section 19(b)(1)(A) of the Federal Reserve
Act (12 U.S.C. 461(b)(1)(A))) or a broker or dealer in securities
registered with the Securities and Exchange Commission under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) may not process
transfers of funds--
(1) to or from the People's Republic of China; or
(2) for the direct or indirect benefit of officials of the
Government of the People's Republic of China or members of the
Chinese Communist Party.
(b) Exception.--A depository institution, broker, or dealer
described in subsection (a) may process a transfer described in that
subsection if the transfer--
(1) arises from, and is ordinarily incident and necessary
to give effect to, an underlying transaction that is authorized
by a specific or general license; and
(2) does not involve debiting or crediting an Chinese
account.
SEC. 11. PROHIBITION ON LISTING OR TRADING OF CHINESE ENTITIES ON
UNITED STATES SECURITIES EXCHANGES.
(a) In General.--The Securities and Exchange Commission shall
prohibit the securities of an issuer described in subsection (b) from
being traded on a national securities exchange on and after the date
that is 3 days after a covered determination is made.
(b) Issuers.--An issuer described in this subsection is an issuer
that is--
(1) an official of or individual affiliated with the
Government of the People's Republic of China or the Chinese
Communist Party; or
(2) an entity that--
(A) the Government of the People's Republic of
China or the Chinese Communist Party has an ownership
interest in; or
(B) is otherwise affiliated with the Government of
the People's Republic of China or the Chinese Communist
Party.
(c) Definitions.--In this section:
(1) Issuer; security.--The terms ``issuer'' and
``security'' have the meanings given those terms in section
3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
(2) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a
national securities exchange in accordance with section 6 of
the Securities Exchange Act of 1934 (15 U.S.C. 78f).
SEC. 12. PROHIBITION ON INVESTMENTS BY UNITED STATES FINANCIAL
INSTITUTIONS THAT BENEFIT THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY.
(a) In General.--Not later than 3 days after a covered
determination is made, the Secretary of the Treasury shall prohibit any
United States financial institution from making any investments
described in subsection (b).
(b) Investments Described.--An investment described in this
subsection is a monetary investment--
(1) to--
(A) an entity owned or controlled by the Government
of the People's Republic of China or the Chinese
Communist Party; or
(B) the People's Liberation Army; or
(2) for the benefit of any priority industrial sector
identified in the ``Made in China 2025'' plan or the ``14th
Five Year Smart Manufacturing Development Plan'', including--
(A) agriculture machinery;
(B) information technology;
(C) artificial intelligence, machine learning, and
robotics;
(D) green energy and green vehicles;
(E) aerospace equipment;
(F) ocean engineering and high tech ships;
(G) railway equipment;
(H) power equipment;
(I) new materials;
(J) medicine and medical devices;
(K) fifth generation and future generation
telecommunications and other advanced wireless
networking technologies;
(L) semiconductor manufacturing;
(M) biotechnology;
(N) quantum computing;
(O) surveillance technologies, including facial
recognition technologies and censorship software;
(P) fiber optic cables; and
(Q) mining and resource development.
(c) United States Financial Institution Defined.--In this section,
the term ``United States financial institution''--
(1) means any financial institution that is a United States
person; and
(2) includes an investment company, private equity company,
venture capital company, or hedge fund that is a United States
person.
SEC. 13. PROHIBITION ON IMPORTATION OF CERTAIN GOODS MADE IN THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Except as provided in subsection (b), on and after
the date that is 3 days after a covered determination is made, all
goods mined, produced, or manufactured wholly or in part in the
People's Republic of China, or by a person working for or affiliated
with an entity or industry wholly financed by the Government of the
People's Republic of China or the Chinese Communist Party or in which
the Government of the People's Republic of China or the Chinese
Communist Party has a majority ownership interest, shall not be
entitled to entry at any of the ports of the United States and the
importation of such goods is prohibited.
(b) Exception.--The prohibition under subsection (a) shall not
apply with respect to a good if the President--
(1) determines that the good is necessary to the national
security, economic security, or public health of the United
States; and
(2) submits to the appropriate congressional committees and
make available to the public a report on that determination.
SEC. 14. EXCEPTIONS; WAIVER.
(a) Exception for Intelligence Activities.--This Act shall not
apply with respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) or any authorized intelligence activities of the United States.
(b) National Security Waiver.--The President may waive the
imposition of sanctions under this Act with respect to a person if the
President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
SEC. 15. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this Act shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Mr. GALLAGHER:\nH.R. 2372.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle 1, Section 8, Clause 18\nThe single subject of this legislation is:\nSanctions\n[Page H1659]\n</pre>",
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118HR2373 | Rebuilding the United States-Flag International Fleet Act | [
[
"G000559",
"Rep. Garamendi, John [D-CA-8]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2373 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2373
To reinstate certain laws relating to minimum tonnage of agricultural
commodities and products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Transportation and Infrastructure, 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 reinstate certain laws relating to minimum tonnage of agricultural
commodities and products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rebuilding the United States-Flag
International Fleet Act''.
SEC. 2. REINSTATEMENTS OF MINIMUM TONNAGE AND TRANSPORTATION COSTS
REIMBURSEMENT.
(a) Repeal Under MAP-21.--Section 100124 of the Moving Ahead for
Progress in the 21st Century Act (Public Law 112-141) is repealed, and
any provision of law amended or repealed by such section is restored or
revived as if such section were not enacted into law.
(b) Repeal Under Bipartisan Budget Act of 2013.--Section 602 of the
Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and any
provision of law amended or repealed by such section is restored or
revived as if such section were not enacted into law.
(c) Report on Administration of Programs.--
(1) In general.--Chapter 553 of title 46, United States
Code, is amended by inserting before section 55302 the
following:
``Sec. 55301. Report on administration of programs
``(a) In General.--The Administrator of the Maritime Administration
shall annually submit to Congress a report on the administration by
other Federal departments and agencies of programs subject to section
2631 of title 10, United States Code, and that the Administrator
determines subject to section 55305 of title 46, United States Code.
``(b) Contents.--The report under paragraph (1) shall include--
``(1) gross tonnage by department or agency of cargo
(equipment, materials, or agricultural products) and by cargo
type transported on United States flag vessels versus foreign
vessels; and
``(2) the total number of United States flag vessels versus
foreign vessels contracted by each department or agency.''.
(2) Clerical amendment.--The analysis for chapter 553 of
title 46, United States Code, is amended by inserting before
the item relating to section 55302 the following new item:
``55301. Report on administration of programs.''.
SEC. 3. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED STATES
GOVERNMENT.
(a) In General.--Section 55305 of title 46, United States Code, is
amended--
(1) by striking subsection (a);
(2) in subsection (b) by striking ``50'' and inserting
``75'';
(3) by redesignating subsection (b) as subsection (a);
(4) by striking subsection (c) and inserting the following:
``(c) Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, when the President, the Secretary of Defense, or the
Secretary of Transportation declares the existence of an
emergency justifying a temporary waiver of this section or
section 55314, the President, the Secretary of Defense, or the
Secretary of Transportation, following a determination by the
Maritime Administrator, acting in the Administrator's capacity
as Director, National Shipping Authority, of the non-
availability of qualified United States flag capacity at fair
and reasonable rates for commercial vessels of the United
States to meet the requirements of this section or section
55314, may waive compliance with such section to the extent, in
the manner, and on the terms the Maritime Administrator, acting
in such capacity, prescribes, and no other waivers of the
requirements of this section or section 55314 shall be
authorized.
``(2) Duration of waiver.--
``(A) In general.--Subject to subparagraphs (B) and
(C), a waiver issued under this subsection shall be for
a period of not more than 60 days.
``(B) Waiver extension.--Upon termination of the
period of a waiver issued under this subsection, the
Maritime Administrator may extend the waiver for an
additional period of not more than 30 days, if the
Maritime Administrator makes the determinations
described in paragraph (1).
``(C) Aggregate duration.--The aggregate duration
of the period of all waivers and extensions of waivers
under this subsection with respect to any one set of
events shall not exceed 3 months in a fiscal year.
``(3) Determinations.--The Maritime Administrator shall--
``(A) for each determination referred to in
paragraph (1), identify any actions that could be taken
to enable qualified United States flag capacity to meet
the requirements of this section or section 55314 at
fair and reasonable rates for commercial vessels of the
United States;
``(B) provide notice of each determination referred
to in paragraph (1) to the Secretary of Transportation
and, as applicable, the President or the Secretary of
Defense; and
``(C) publish each determination referred to in
paragraph (1)--
``(i) on the website of the Maritime
Administration not later than 24 hours after
notice of the determination is provided to the
Secretary of Transportation; and
``(ii) in the Federal Register.
``(4) Notice to congress.--The Maritime Administrator shall
notify--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of--
``(i) any request for a waiver (or an
extension thereof) made by the Secretary of
Transportation of this section or section
55314(a) not later than 72 hours after
receiving such a request; and
``(ii) the issuance of any such waiver (or
an extension thereof), and why such waiver or
extension was necessary, not later than 72
hours after such issuance; and
``(B) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives of--
``(i) any request for a waiver (or an
extension thereof) made by the Secretary of
Defense of this section or section 55314(a) not
later than 72 hours after receiving such a
request; and
``(ii) the issuance of any such waiver (or
an extension thereof), and why such waiver or
extension was necessary, not later than 72
hours after such issuance.'';
(5) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(6) by inserting after subsection (a) the following:
``(b) Eligible Vessels.--To be eligible to carry cargo under this
section, a privately-owned commercial vessel--
``(1) shall be documented under the laws of the United
States for at least 3 years; or
``(2) may be documented under the laws of the United States
for less than 3 years if--
``(A) the vessel owner signs an agreement with the
Secretary providing that--
``(i) the vessel shall remain documented
under the laws of the United States for at
least 3 years; and
``(ii) the vessel owner shall, upon request
of the Secretary, agree to enroll the vessel in
an Emergency Preparedness Program under chapter
531 or voluntary agreement authorize under
section 708 of the Defense Production Act of
1950 (50 U.S.C. 4558) and shall remain so
enrolled until the vessel ceases to be
documented under the laws of the United States;
``(B) the vessel--
``(i) is a tank vessel that is 10 years of
age or less on the date the vessel is
documented under the laws of the United States;
or
``(ii) is any other type of vessel that is
15 years of age or less on the date the vessel
is documented under the laws of the United
States; and
``(C) the vessel was not originally built in a
country which is a proscribed country listed pursuant
to part 126 of title 22, Code of Federal Regulations,
or successor regulations (commonly known as the
`International Traffic in Arms Regulations').
``(c) Violation of Agreement.--
``(1) In general.--A vessel under an agreement described in
subsection (b)(2) may be seized by and forfeited to the United
States if, in violation of such agreement--
``(A) the vessel owner places the vessel under
foreign registry; or
``(B) a person operates the vessel under the
authority of a foreign country.
``(2) Inapplicability of other law.--Section 12112 of title
46, United States Code, shall not apply to the seizure and
forfeiture of a vessel pursuant to paragraph (1).''; and
(7) by adding at the end the following:
``(g) Audit and Report.--In carrying out this section, the
Secretary shall annually--
``(1) audit the list of vessels that are operating under an
agreement described in subsection (b)(2); and
``(2) submit to Congress a report describing--
``(A) each of the vessels operating under paragraph
(2) of section 55305(b) and each agreement signed by
the Secretary pursuant to such paragraph;
``(B) the results of any audit described in
paragraph (1); and
``(C) any other pertinent information that the
Secretary determines to be of interest to Congress.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The analysis for chapter 553 of
title 46, United States Code, is amended by striking the item
relating to subchapter I and inserting the following:
``subchapter i--government impelled transportation''.
(2) Cargoes procured, furnished, or financed by the united
states government.--Section 55305(d)(2)(D) of title 46, United
States Code, is amended by striking ``section 25(c)(1) of the
Office of Federal Procurement Policy Act (41 U.S.C.
1303(a)(1))'' and inserting ``section 1303(a)(1) of title 41,
United States Code,''.
SEC. 4. TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS SPONSORED BY
THE SECRETARY OF AGRICULTURE.
Section 55314 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1) by inserting ``titles I, II,
or III of'' after ``carried out under'';
(B) in paragraph (4) by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(C) in paragraph (5) by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(D) in paragraph (6) by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(E) in paragraph (7) by striking ``agricultural
commodities'' and inserting ``agricultural products'';
(F) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (6), (7), (8), and (9), respectively;
and
(G) by inserting after paragraph (3) the following:
``(4) carried out under the Food for Progress Act of 1985
(7 U.S.C. 1736o);
``(5) carried out under the McGovern-Dole International
Food for Education and Child Nutrition Program under section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1);''; and
(2) by adding at the end the following:
``(d) Submission to Congress.--At least once each fiscal year, the
Secretary of Agriculture or the Administrator of the United States
Agency for International Development, as applicable, shall submit to
the appropriate congressional committees, in writing, a notice of any
waiver of the requirements of this section and the reasons for granting
such waiver.
``(e) Agricultural Product Defined.--In this section, the term
`agricultural product' means any food product, including an
agricultural commodity (as such term is defined in section 402 of the
Food for Peace Act (7 U.S.C. 1732(2))), specialty crop (as such term is
defined in section 3(1) of the Specialty Crops Competitiveness Act of
2004 (7 U.S.C. 1621 note)), or processed food product, exported from
the United States.''.
SEC. 5. REPORTS TO CONGRESS.
(a) Report on Implementation of Military Cargo Preference.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
implementation by the Department of Defense of the amendments to
section 2631 of title 10, United States Code, made by section 1024 of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
(b) Report on Port Preferences for US-Flag Vessels.--Not later than
1 year after the date of enactment of this Act, the Secretary of
Transportation shall submit to Congress a report on the preference, if
any, afforded by each port authority or marine terminal operator, as
applicable, to vessels documented under the laws of the United States,
including such vessels--
(1) operated by an armed force (as such term is defined in
section 101(4) of title 10, United States Code);
(2) participating in the Maritime Security Program or the
Emergency Preparedness Program under chapter 531 of title 46,
United States Code, the Cable Security Fleet under chapter 532
of such title, the Tanker Security Fleet under chapter 534 of
such title, or the National Defense Reserve Fleet under section
57100 of such title; and
(3) with a coastwise endorsement under chapter 121 of title
46, United States Code.
SEC. 6. REGULATIONS AND GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Maritime Administration shall--
(1) promulgate regulations under subchapter III of chapter
5 of title 5, United States Code, to fully implement and ensure
compliance with section 2631 of title 10, United States Code,
and section 55305 of title 46, United States Code; and
(2) issue interagency guidance to other Federal departments
and agencies on how to administer the programs in accordance
with such Acts and the amendments made by the this Act, which
shall include publication in the Federal Register and on the
website of the Maritime Administration.
<all>
</pre></body></html>
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118HR2374 | New Way Forward Act | [
[
"G000586",
"Rep. Garcia, Jesus G. \"Chuy\" [D-IL-4]",
"sponsor"
],
[
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"Rep. Casar, Greg [D-TX-35]",
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[
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[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2374 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2374
To reform the process for enforcing the immigration laws of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Garcia of Illinois (for himself, Mr. Casar, Ms. Pressley, Mr.
Espaillat, Ms. Schakowsky, Mrs. Watson Coleman, Ms. Norton, Ms. Ocasio-
Cortez, Ms. Garcia of Texas, Ms. Clarke of New York, Mr. McGovern, Ms.
Omar, Mr. Blumenauer, Mr. Cardenas, Mr. Pocan, Ms. Tlaib, Mr. Vargas,
Mr. Bowman, Ms. Bush, Ms. Williams of Georgia, Ms. Velazquez, Mrs.
Napolitano, Ms. Chu, Mr. Grijalva, Ms. Barragan, Mr. Johnson of
Georgia, Ms. Meng, Mr. Gomez, Mrs. Ramirez, Ms. Wilson of Florida, and
Mr. Frost) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the process for enforcing the immigration laws of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Way Forward Act''.
TITLE I--END MANDATORY DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST
SEC. 101. PHASE-OUT OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE
OF JAILS.
(a) Secure Detention Facilities.--Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter
into, or extend, any contract with any public or private for-profit
entity that owns or operates a detention facility for use of that
facility to detain aliens in the custody of the Department of Homeland
Security, and shall terminate any such contract not later than the date
that is 3 years after the date of the enactment of this Act. Beginning
on the date that is 3 years after the date of the enactment of this
Act, any facility at which aliens in the custody of the Department of
Homeland Security are detained shall be owned and operated by the
Department of Homeland Security.
(b) Non-Secure Detention Programs.--Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter
into, or extend, any contract with any public or private for-profit
entity that owns or operates a program or facility that provides for
non-residential detention-related activities for aliens who are subject
to monitoring by the Department of Homeland Security, and shall
terminate any such contract not later than the date that is 3 years
after the date of the enactment of this Act. Beginning on the date that
is 3 years after the date of the enactment of this Act, any such
program or facility shall be owned and operated by a nonprofit
organization or by the Department of Homeland Security.
(c) Publication of Plan.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall develop, and make
publicly available, a plan and timeline for the implementation of this
section.
SEC. 102. PROCEDURES FOR DETAINING ALIENS.
(a) Custody and Bond Determinations.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Arrest, Detention, and Release.--
``(1) In general.--On a warrant issued by an immigration
judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien and, in accordance with
this section, may, pending a decision on whether the alien is
to be removed from the United States--
``(A) detain the alien; or
``(B) release the alien--
``(i) on bond;
``(ii) subject to conditions; or
``(iii) on the alien's own recognizance.
``(2) Exception.--This section shall not apply to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such
an alien shall be transferred to the custody of the Secretary
of Health and Human Services pursuant to section 235(b)(3) of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)).
``(b) Custody and Bond Determinations.--
``(1) Initial determination.--Not later than 48 hours after
taking an alien into custody, the Secretary of Homeland
Security shall make an initial custody determination with
regard to that alien, and provide that determination in writing
to the alien. If the Secretary determines that the release
without conditions of an alien will not reasonably assure the
appearance of the alien as required or will endanger the safety
of any other person or the community, the custody determination
under this paragraph will impose the least restrictive
conditions, as described in paragraph (4).
``(2) Timing.--If an alien seeks to challenge the initial
custody determination under paragraph (1), the alien shall be
provided with the opportunity for a hearing before an
immigration judge to determine whether the alien should be
detained, which hearing shall occur not later than 72 hours
after the initial custody determination, except that an
immigration judge may grant a reasonable continuance upon the
alien's request for additional time to prepare for the hearing.
``(3) Presumption of release.--In a hearing under this
subsection, there shall be a rebuttable presumption that the
alien should be released. The Government shall have the duty of
rebutting this presumption by clear and convincing evidence
based on credible and individualized information that
establishes that the use of alternatives to detention will not
reasonably assure the appearance of the alien at removal
proceedings, or that the alien is a threat to another person or
the community. The fact that an alien has a prior conviction or
a criminal charge pending against the alien may not be the sole
factor to justify the continued detention of the alien.
``(4) Least restrictive conditions required.--If an
immigration judge determines pursuant to a hearing under this
section that the release without conditions of an alien will
not reasonably assure the appearance of the alien as required
or will endanger the safety of any other person or the
community, the immigration judge shall order the least
restrictive conditions, or combination of conditions, that the
judge determines will reasonably assure the appearance of the
alien as required and the safety of any other person and the
community, which may include secured or unsecured release on
bond, or participation in a program described in subsection
(i). Any conditions assigned to an alien pursuant to this
paragraph shall be reviewed by the immigration judge on a
monthly basis.
``(5) Bond determination.--In the case that an immigration
judge makes a determination to release an alien on bond under
subsection (a)(1)(B)(i), the immigration judge shall consider,
for purposes of setting the amount of the bond, the alien's
financial resources and ability to pay the bond without
imposing financial hardship on the alien.
``(6) Special rule for vulnerable persons and primary
caregivers.--In a case in which an alien who is the subject of
a custody determination under this subsection is a vulnerable
person or a primary caregiver, the alien may not be detained
unless the Government shows, in addition to the requirements
under paragraph (3), that it is unreasonable or not practicable
to place the individual in a community-based supervision
program.
``(7) Definition.--In this subsection, the term `vulnerable
person' means an individual who--
``(A) is under 21 years of age or over 60 years of
age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
``(D) is victim or witness of a crime;
``(E) has filed a nonfrivolous civil rights claim
in Federal or State court;
``(F) has a serious mental or physical illness or
disability;
``(G) has been determined by an asylum officer in
an interview conducted under section 235(b)(1)(B) to
have a credible fear of persecution or a reasonable
fear of persecution under section 208.31 or 241.8(e) of
title 8, Code of Federal Regulations (as in effect on
the date of the enactment of the New Way Forward Act);
``(H) has limited English language proficiency and
is not provided access to appropriate and meaningful
language services in a timely fashion; or
``(I) has been determined by an immigration judge
or the Secretary of Homeland Security to be
experiencing severe trauma or to be a survivor of
torture or gender-based violence, based on information
obtained during intake, from the alien's attorney or
legal service provider, or through credible self-
reporting.
``(c) Subsequent Determinations.--An alien who is detained under
this section shall be provided with a de novo custody determination
hearing under this subsection every 60 days, as well as upon showing of
a change in circumstances or good cause for a de novo custody
determination hearing.''; and
(2) by striking subsection (e) and inserting the following:
``(e) Release Upon an Order Granting Relief From Removal.--In the
case of an alien with respect to whom an immigration judge has entered
an order terminating removal proceedings or an order providing for
relief from removal, including an order granting asylum, or providing
for withholding, deferral, or cancellation of removal, which order is
pending appeal, the Secretary of Homeland Security shall immediately
release the alien upon entry of the order, and may impose only
reasonable conditions on the alien's release from custody.
``(f) Community-Based Case Management Program.--
``(1) In general.--The Secretary of Homeland Security shall
establish, outside of the purview of U.S. Immigration and
Customs Enforcement, a community-based case management program
that--
``(A) provides alternatives to detaining aliens;
``(B) offers a continuum of community-based support
options and services, including--
``(i) case management; and
``(ii) access to--
``(I) social services;
``(II) medical and mental health
services;
``(III) housing;
``(IV) transportation; and
``(V) legal services; and
``(C) provides services in the appropriate
language.
``(2) Prohibition on electronic surveillance.--The program
under paragraph (1) may not include, as an alternative to
detention, the provision of ankle monitors or other forms of
electronic surveillance.
``(3) Study.--Within 180 days, the Secretary shall
undertake a study to examine best practices of government-
funded case management and related services, including
exploring the possibility of funding case management services
out of the Department.
``(4) Contracts.--
``(A) In general.--The Secretary may enter into 1
or more contracts to operate the case management
program described in paragraph (1).
``(B) Prioritization.--In entering into a contract
under subparagraph (A), the Secretary shall give
priority to direct contracts with qualified
nongovernmental community-based organizations that have
experience providing services to immigrant, refugee,
and asylum-seeking populations.
``(5) Individualized determination required.--
``(A) In general.--In determining whether to order
an alien to participate in a program under this
subsection, the Secretary or the immigration judge, as
appropriate, shall make an individualized determination
to determine the appropriate level of supervision for
the alien.
``(B) Exemption.--Participation in a program under
this subsection may not be ordered for an alien for
whom it is determined that release on reasonable bond
or recognizance will reasonably ensure the appearance
of the alien as required and the safety of any other
person and the community.
``(6) Prohibition on fees for alternatives to detention.--
An alien who is required to participate in a specific
alternatives to detention program or service may not be charged
a fee for such participation.
``(7) Case management review.--Not later than 180 days
after the date of the enactment of the New Way Forward Act, the
Secretary shall conduct a review of--
``(A) best practices in federally funded case
management programs; and
``(B) the feasibility of transferring alternatives
to detention case management programs out of the
purview of the Department of Homeland Security.''.
(b) Probable Cause Hearing.--Section 287(a) of the Immigration and
Nationality Act (8 U.S.C. 1357(a)) is amended by striking the matter
preceding paragraph (3) and inserting the following:
``(a) Any officer or employee of the Department of Homeland
Security authorized under regulations prescribed by the Secretary of
Homeland Security shall have power without warrant--
``(1) to interrogate any alien or person believed to be an
alien as to the person's right to be or to remain in the United
States, provided that such interrogation is not based on the
person's race, ethnicity, national origin, religion, sexual
orientation, color, spoken language, or English language
proficiency; and
``(2) to arrest any alien who in the officer or employee's
presence or view is entering or attempting to enter the United
States in violation of any law or regulation made in pursuance
of law regulating the admission, exclusion, expulsion, or
removal of aliens, or to arrest any alien in the United States,
if--
``(A) the officer or employee has probable cause to
believe that the alien so arrested is in the United
States in violation of any such law or regulation and
is likely to escape before a warrant can be obtained
for his arrest;
``(B) the officer or employee has reason to believe
that the person would knowingly and willfully fail to
appear in immigration court in response to a properly
served notice to appear; and
``(C) not later than 48 hours after being taken
into custody, the arrested alien is provided with a
hearing before an immigration judge to determine
whether there is probable cause as required by this
section, including probable cause to believe that the
person would have knowingly and willfully failed to
appear as required under subparagraph (B), which burden
to establish probable cause shall be on the
Government.''.
(c) Mandatory Detention Repealed.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 235(b)(1)(B)(ii)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by inserting before the period at the end the
following: ``pursuant to the custody review procedures
set forth in section 236'';
(2) by striking section 235(b)(1)(B)(iii)(IV);
(3) in section 235(b)(2)(A)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by inserting before the period at the end the
following: ``pursuant to the custody review procedures
set forth in section 236'';
(4) by striking section 236A;
(5) in section 238(a)(2), by striking ``pursuant to section
236(c)''; and
(6) in section 506(a)(2)--
(A) by striking the paragraph heading and inserting
the following: ``Release hearing for aliens detained'';
and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``lawfully admitted for permanent
residence'';
(ii) by striking clause (i); and
(iii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively.
(d) Aliens Ordered Removed.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) in paragraph (1), by striking ``90 days'' each place it
appears and inserting ``60 days'';
(2) by striking paragraph (2) and inserting the following:
``(2) Initial custody redetermination hearing.--
``(A) In general.--Not later than 72 hours after
the entry of a final administrative order of removal,
the alien ordered removed shall be provided with a
custody redetermination hearing before an immigration
judge.
``(B) Presumption of detention.--For purposes of
the hearing under subparagraph (A), the alien shall be
detained during the removal period unless the alien can
show, by a preponderance of the evidence, that the
alien's removal is not reasonably foreseeable and that
the alien does not pose a risk to the safety of any
individual or to the community.'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``90-
day'' and inserting ``60-day''; and
(B) in the matter preceding subparagraph (A), by
striking ``the alien, pending removal, shall be subject
to supervision under'' and inserting the following:
``except as provided in paragraph (7), any alien who
has been detained during the removal period shall be
released from custody, pending removal, subject to
individualized supervision requirements in accordance
with'';
(4) by striking paragraph (6); and
(5) by striking paragraph (7) and inserting the following:
``(7) Subsequent custody redetermination hearings.--
``(A) In general.--The Government may request a
subsequent redetermination hearing before an
immigration judge seeking continued detention for an
alien ordered to be detained pursuant to paragraph (2)
who has not been removed within the removal period.
``(B) Standard.--An alien may only be detained
after the removal period upon a showing by the
Government that--
``(i) the alien's removal is reasonably
foreseeable; and
``(ii) the alien poses a risk to the safety
of an individual or the community, which may
only be established based on credible and
individualized information that establishes
objective risk factors, and may not be
established based only on the fact that the
alien has been charged with or is suspected of
a crime.
``(C) Period of detention.--An alien may not be
detained pursuant to an order under this paragraph for
longer than a 60-day period. The Government may seek
subsequent redetermination hearings under this
paragraph in order to continue detaining an alien
beyond each such 60-day period.''.
TITLE II--STATUTE OF LIMITATIONS
SEC. 201. TIME FOR COMMENCING REMOVAL PROCEEDINGS.
Section 239(d) of the Immigration and Nationality Act (8 U.S.C.
1229(d)) is amended by adding at the end the following:
``(3)(A) Notwithstanding paragraph (2), any removal proceeding
against an alien previously admitted to the United States for being
within a class of deportable aliens described in section 237(a)(2), or
within a class of inadmissible aliens described in section 212(a)(2),
shall not be entertained unless commenced not later than the date that
is five years after the date on which the alien became deportable or
inadmissible.
``(B) This paragraph shall apply to any removal proceeding
resulting in an order of removal before the date of the enactment of
the New Way Forward Act as if in effect on the date on which the
removal proceeding was commenced.''.
TITLE III--LIMIT CRIMINAL-SYSTEM-TO-REMOVAL PIPELINE
SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS.
(a) Inadmissibility Based on Criminal and Related Grounds.--Section
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2))
is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (I) as
subparagraphs (A) through (H), respectively.
(b) Deportability Based on Criminal Offenses.--Section 237(a)(2) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking clauses (i) and (ii);
(B) by redesignating clauses (iii) through (vi) as
clauses (i) through (iv), respectively; and
(C) in clause (iv), as so redesignated, by striking
``Clauses (i), (ii), and (iii)'' and inserting
``Clauses (i) and (ii)'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively.
SEC. 302. DEFINITIONS.
(a) Aggravated Felony.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means a felony, for which a term of
imprisonment of not less than 5 years was imposed, that is--'';
(2) in subparagraph (F), by striking ``for which the term
of imprisonment at least one year'';
(3) in subparagraph (G), by striking ``for which'' and all
that follows through ``year'';
(4) in subparagraph (J), by striking ``, for which a
sentence of one year imprisonment or more may be imposed'';
(5) in subparagraph (P)--
(A) by striking ``(i)''; and
(B) by striking ``and (ii) for which the term of
imprisonment imposed (regardless of any suspension of
such imprisonment) is at least 12 months'';
(6) in subparagraph (R), by striking ``for which the term
of imprisonment is at least one year'';
(7) in subparagraph (S), by striking ``, for which the term
of imprisonment is at least one year''; and
(8) by striking the last sentence.
(b) Conviction.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended--
(1) in subparagraph (A), by striking ``court'' and all that
follows through ``to be imposed.'' and inserting the following:
``court. However, any such adjudication or judgment of guilt
that has been dismissed, expunged, sealed, deferred, annulled,
invalidated, withheld, or vacated by any court or entity shall
not be considered a conviction for purposes of this Act. Any
such adjudication or judgment of guilt where a court has issued
a judicial recommendation against removal shall not be
considered a conviction for purposes of this Act. Any
disposition that is an order of probation without entry of
judgment or any similar disposition, or where the President of
the United States, the governor of a State or territory, or any
body authorized by a state legislature or governor has issued a
pardon, shall not be considered a conviction for purposes of
this Act. Any such adjudication or judgment on direct appeal or
within the time to file direct appeal shall not be considered a
`conviction' for the purposes of this Act.''; and
(2) in subparagraph (B)--
(A) by inserting ``only'' after ``deemed to
include''; and
(B) by striking ``or confinement'' and all that
follows through the period at the end and inserting
``ordered by a court of law. Any such reference shall
not include any term of imprisonment or any sentence
that has been subject to any suspension of imposition
or execution in whole or in part, or that has been
commuted or in any way modified or changed by the
President of the United States, the governor of a State
or territory, or any body authorized by a State
legislature or governor to commute, modify, or in any
way change a sentence.''.
(c) Particularly Serious Crime.--Section 208(b)(2)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)(i)) is amended
to read as follows:
``(i) Conviction of aggravated felony.--For
purposes of clause (ii) of subparagraph (A),
section 241(b)(3)(B), or any other provision of
this Act, only an alien who has been convicted
of an aggravated felony for which a term of
imprisonment of not less than five years was
imposed shall be considered to have been
convicted of a particularly serious crime.''.
(d) Applicability.--The amendments made by this section shall apply
to--
(1) admissions and conduct occurring before, on, or after
the date of the enactment of this Act; and
(2) convictions and sentences entered before, on, or after
the date of the enactment of this Act.
TITLE IV--RESTORE JUDICIAL DISCRETION AND END REMOVAL WITHOUT DUE
PROCESS
SEC. 401. IMMIGRATION PROCEDURAL CHANGES.
(a) Decision and Burden of Proof.--Section 240(c)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by
inserting after the period at the end the following: ``Notwithstanding
any other provision of law, an immigration judge may grant any relief
or deferral from removal, including withholding of removal, to any
individual who is otherwise eligible for such relief but for a prior
criminal conviction, or the commission of or a finding of the
commission of other conduct described in section 212(a)(2), 237(a)(2),
or 237(a)(3), if the immigration judge finds such an exercise of
discretion appropriate in pursuit of humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.''.
(b) Removal of Aliens Who Are Not Permanent Residents.--Section 238
of the Immigration and Nationality Act (8 U.S.C. 1228) is amended--
(1) by striking subsection (b); and
(2) by redesignating the first subsection (c) as subsection
(b).
(c) Reinstatement of Removal Orders Against Aliens Illegally
Reentering.--Section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(d) Special Rules Relating to Continuous Residence or Physical
Presence.--Section 240A(d) of the Immigration and Nationality Act (8
U.S.C. 1229b(d)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(e) Judicial Review of Orders of Removal.--Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking
subsection (a)(2)(C).
TITLE V--PROHIBITION AGAINST PERFORMANCE OF IMMIGRATION OFFICER
FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES
SEC. 501. LOCAL ENFORCEMENT.
(a) In General.--Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended to read as follows:
``(g)(1) The officers and employees of any State, or any political
subdivision of a State, are prohibited from performing the function of
an immigration officer in relation to the investigation, apprehension,
transport, or detention of aliens in the United States or otherwise
assist in the performance of such functions.
``(2) Civil immigration warrants shall not be made available to the
officers or employees of any State, or any political subdivision of a
State, through the National Crime Information Center database or its
incorporated criminal history databases. Federal, State, and local law
enforcement officials are prohibited from entering into the National
Crime Information Center database or its incorporated criminal history
databases information that relates to an alien's immigration status,
the existence of a prior removal, deportation, or voluntary departure
order entered against an alien, or any allegations of civil violations
of the immigration laws. Any information described in this paragraph
that is in the National Crime Information Center database shall be
removed from such database not later than 90 days after the enactment
of the New Way Forward Act.''.
(b) Prohibiting Coordination for Enforcement of Immigration Laws.--
(1) Prohibiting state and local law enforcement arrest and
detention of aliens.--Section 439 of the Antiterrorism and
Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is
repealed.
(2) Communication.--Section 434 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1644) is repealed.
(c) Communication and Enforcement.--Section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) is repealed.
SEC. 502. NATIONAL CRIME INFORMATION CENTER.
Section 534(f) of title 28, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Civil immigration warrants shall not be made
available to the officers or employees of any State, or any
political subdivision of a State, through the National Crime
Information Center database or its incorporated criminal
history databases. Federal, State, and local law enforcement
officials are prohibited from entering into the National Crime
Information Center database or its incorporated criminal
history databases information that relates to an alien's
immigration status, the existence of a prior removal,
deportation, or voluntary departure order entered against an
alien, or any allegations of civil violations of the
immigration laws. Any information described in this paragraph
that is in the National Crime Information Center database shall
be removed from such database not later than 90 days after the
enactment of the New Way Forward Act.''.
TITLE VI--DECRIMINALIZE MIGRATION
SEC. 601. REPEALING MIGRATION CRIMINAL LAWS.
(a) Criminal Penalties for Entry at Improper Time or Place.--
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is
repealed.
(b) Criminal Penalties for Reentry.--Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is repealed.
TITLE VII--RIGHT TO COME HOME
SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION CASES.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General--
(1) shall grant a motion to reconsider or reopen
proceedings pursuant to paragraph (6) or (7) of section 240(c)
of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) with
respect to any alien who--
(A) on or after April 24, 1996--
(i) was ordered removed, deported, or
excluded; or
(ii) departed the United States pursuant to
a grant of voluntary departure under section
240B of the Immigration and Nationality Act (8
U.S.C. 1229c) (regardless of whether or not the
alien was ordered removed, deported, or
excluded); and
(B) demonstrates that the alien--
(i) would not have been considered
inadmissible, excludable, or deportable under
the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) if this Act, and
the amendments made by this Act, had been in
effect on the date on which such order was
issued or the voluntary departure took place;
or
(ii) would have been eligible to apply for
relief from removal, deportation, or exclusion
under such laws if this Act, and the amendments
made by this Act, had been in effect on the
date on which such order was issued or the
voluntary departure took place; and
(2) shall deem an alien who makes the demonstration under
paragraph (1)(B) as not having been removed, deported,
excluded, or departed, and as not having failed to depart under
a voluntary departure order, for all purposes under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Previously Filed Application; Previous Motions To Reopen or
Reconsider.--The Attorney General may not reject or deny a motion to
reconsider or reopen under subsection (a) because--
(1) the alien did not include a copy of any previously
filed application for relief; or
(2) the alien had previously filed a motion to reopen or
reconsider.
(c) Deadline.--The deadline described in paragraphs (6)(B) and
(7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8
U.S.C. 1229a(c)) shall not apply to a motion to reopen or reconsider
under this section.
(d) Transportation.--The Secretary of Homeland Security shall
provide transportation for aliens eligible for reopening or
reconsideration of their proceedings under this section, at Government
expense, to return to the United States for further immigration
proceedings and shall admit or parole the alien into the United States.
(e) Physical Presence Requirement.--For the purpose of applications
filed subsequent to reopening under this section pursuant to section
240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or any
other application for relief under the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), removal, deportation, exclusion, or voluntary departure
shall not be considered to toll any physical presence requirement.
(f) Judicial Review.--Notwithstanding any other provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), any denial of
a motion to reopen or reconsider submitted pursuant to this section is
subject to de novo judicial review in a Federal district court having
jurisdiction over the applicant's residence or, in the case of an
applicant who was removed from the United States, the last known
residential address of the applicant in the United States.
<all>
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118HR2375 | District of Columbia Home Rule Improvement Act | [
[
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"Rep. Gosar, Paul A. [R-AZ-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2375 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2375
To amend the District of Columbia Home Rule Act to provide for a
uniform 60-day period for Congress to review laws of the District of
Columbia before such laws may take effect, to permit Congress to use
the authorities and procedures available under such Act for the
consideration and enactment of resolutions of disapproval of laws of
the District of Columbia to disapprove specific provisions of such
laws, to clarify the expedited procedures available under such Act for
the consideration of such resolutions of disapproval, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Gosar introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on Rules, 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 amend the District of Columbia Home Rule Act to provide for a
uniform 60-day period for Congress to review laws of the District of
Columbia before such laws may take effect, to permit Congress to use
the authorities and procedures available under such Act for the
consideration and enactment of resolutions of disapproval of laws of
the District of Columbia to disapprove specific provisions of such
laws, to clarify the expedited procedures available under such Act for
the consideration of such resolutions of disapproval, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Home Rule
Improvement Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The District of Columbia was granted limited autonomy
in 1973 by Congress, who at the time did not wish to intervene
in the day-to-day governance of the city.
(2) This grant of limited autonomy by Congress may be
revoked by Congress at any time.
(3) Article 1, section 8, clause 17 of the United States
Constitution provides Congress with the exclusive jurisdiction
over the District of Columbia.
(4) This clause was included for specific reasons, notably
the fact that the operation of the seat of the Federal
Government of the United States, whose laws affect
approximately 330 million Americans, should not be impeded by
local ordinances, actions, or taxation.
(5) The Framers of the Constitution had good reason for
this concern, having witnessed the reluctance of local
authorities to police disorderly conduct by protestors in June
of 1783, conduct that forced the adjournment of the Congress
and the flight of its members into neighboring States.
(6) James Madison wrote in Federalist No. 43, ``The
indispensable necessity of compleat authority at the seat of
Government carries its own evidence with it. It is a power
exercised by every Legislature of the Union, I might say of the
world, by virtue of its general supremacy. Without it, not only
the public authority might be insulted and its proceedings be
interrupted, with impunity; but a dependence of the members of
the general Government, on the State comprehending the seat of
the Government for protection in the exercise of their duty,
might bring on the national councils an imputation of awe or
influence, equally dishonorable to the Government, and
dissatisfactory to the other members of the confederacy''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress is the proper, constitutionally mandated
sovereign over the District of Columbia and that increasing
congressional oversight of the District is a wise course, in
particular improving the disapproval mechanisms of the District
of Columbia Home Rule Act to ensure that poor municipal
ordinances made by the congressionally provided, and
congressionally revocable authority provided to District's
municipal government can be expeditiously overturned by
Congress;
(2) the District of Columbia should never become a State;
and
(3) statehood for the District of Columbia would require a
constitutional amendment.
SEC. 3. UNIFORM 60-DAY CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF
COLUMBIA LAWS.
(a) Establishment of 60-Day Period.--The second sentence of section
602(c)(1) of the District of Columbia Home Rule Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended--
(1) by striking ``the 30-calendar-day period (excluding
Saturdays, Sundays, and holidays, and any day on which neither
House is in session because of an adjournment sine die, a
recess of more than three days, or an adjournment of more than
three days) beginning on the day such act is transmitted'' and
inserting the following: ``the 60-day period (excluding days
either House of Congress is adjourned for more than 3 days
during a session of Congress) beginning on the day such act is
transmitted''; and
(2) by striking ``such 30-day period'' each place it
appears and inserting ``such 60-day period''.
(b) Elimination of Alternative Period for Acts Affecting Criminal
Laws.--Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official
Code) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 4. AUTHORIZING USE OF RESOLUTIONS OF DISAPPROVAL TO DISAPPROVE
PROVISIONS OF DISTRICT OF COLUMBIA LAWS.
(a) Authorization.--The second sentence of section 602(c)(1) of the
District of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official
Code) is amended--
(1) by striking ``such act shall take effect'' and
inserting ``such act and each provision thereof'';
(2) by striking ``a joint resolution disapproving such
act'' and inserting ``a joint resolution disapproving such act
or any provision thereof'';
(3) by striking ``disapproving such an act'' and inserting
``disapproving such an act or any provision thereof''; and
(4) by striking ``to have repealed such act'' and inserting
``to have repealed such act or such provision (as the case may
be)''.
(b) Conforming Amendment Relating to Application of Expedited
Procedures for Consideration of Resolutions.--The third sentence of
section 602(c)(1) of such Act (sec. 1-206.02(c)(1), D.C. Official Code)
is amended by striking ``disapproving such act'' and inserting
``disapproving such act or any provision thereof''.
(c) Rule of Construction.--Section 602(c)(1) of such Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended by adding at the end the
following new sentence: ``The enactment of a resolution disapproving a
provision of an act pursuant to this paragraph may not be construed to
repeal any of the remaining provisions of the act.''.
SEC. 5. CLARIFICATION OF EXPEDITED PROCEDURES APPLICABLE TO
CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL.
(a) Application of All Procedures to All Resolutions of
Disapproval.--The third sentence of section 602(c)(1) of the District
of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official Code) is
amended by striking ``section 604, except subsections (d), (e), and (f)
of such section,'' and inserting ``section 604''.
(b) Clarification of Procedures.--Section 604 of such Act (sec. 1-
206.04, D.C. Official Code) is amended by striking subsections (c)
through (j) and inserting the following:
``(c) Referral to Committees.--A resolution with respect to Council
action shall be referred to the Committee on Oversight and Reform of
the House of Representatives, or the Committee on Homeland Security and
Governmental Affairs of the Senate, by the President of the Senate or
the Speaker of the House of Representatives, as the case may be.
``(d) Procedures in House of Representatives.--(1) In the House of
Representatives, if the committee to which a resolution has been
referred has not reported it at the end of twenty calendar days after
its introduction, it is in order to move to discharge the committee
from further consideration of any other resolution with respect to the
same Council action which has been referred to the committee.
``(2) In the House, a motion to discharge may be made only by an
individual favoring the resolution, is highly privileged (except that
it may not be made after the committee has reported a resolution with
respect to the same action), and debate thereon shall be limited to not
more than one hour, to be divided equally between those favoring and
those opposing the resolution. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
``(3) In the House, if the motion to discharge is agreed to or
disagreed to, the motion may not be renewed, nor may another motion to
discharge the committee be made with respect to any other resolution
with respect to the same action.
``(4) In the House, when the committee has reported, or has been
discharged from further consideration of, a resolution, it is at any
time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is agreed to
or disagreed to.
``(5) In the House, debate on the resolution shall be limited to
not more than ten hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is not debatable. An amendment to, or motion to recommit, the
resolution is not in order, and it is not in order to move to
reconsider the vote by which the resolution is agreed to or disagreed
to.
``(6) In the House, motions to postpone made with respect to the
discharge from committee or the consideration of a resolution, and
motions to proceed to the consideration of other business, shall be
decided without debate.
``(7) In the House, appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a resolution shall be
decided without debate.
``(e) Procedures in Senate.--(1) In the Senate, if the committee to
which is referred a resolution described in subsection (b) has not
reported such joint resolution (or an identical joint resolution) at
the end of 20 calendar days after its introduction, such committee may
be discharged from further consideration of such joint resolution upon
a written demand by any Member of the Senate, and such joint resolution
shall be placed on the calendar.
``(2)(A) In the Senate, when the committee to which a resolution is
referred has reported, or when a committee is discharged (under
paragraph (1)) from further consideration of a resolution described in
subsection (b), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for a motion
to proceed to the consideration of the resolution, and all points of
order against the resolution (and against consideration of the
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the resolution
shall remain the unfinished business of the Senate until disposed of.
``(B) In the Senate, debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited to not
more than 10 hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order.
``(C) In the Senate, immediately following the conclusion of the
debate on a resolution described in subsection (b), and a single quorum
call at the conclusion of the debate if requested in accordance with
the rules of the Senate, the vote on final passage of the resolution
shall occur.
``(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
resolution described in subsection (a) shall be decided without debate.
``(3) In the Senate the procedure specified in paragraph (1) or (2)
shall not apply to the consideration of a resolution after the
expiration of the 60 session days beginning with the date of the
introduction of the joint resolution.
``(f) Coordination Between Houses.--If, before the passage by one
House of a resolution of that House described in subsection (b), that
House receives from the other House a resolution described in
subsection (b), then the following procedures shall apply:
``(1) The resolution of the other House shall not be
referred to a committee.
``(2) Any Member of that House may at any time offer a
motion to proceed to the consideration of the resolution of the
other House, and such motion shall be considered in accordance
with paragraph (4) of subsection (d) (in the case of a motion
in the House) or in accordance with paragraph (2) of subsection
(e) (in the case of a motion in the Senate).
``(3) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
``(A) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
``(B) the vote on final passage shall be on the
resolution of the other House.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to acts of the District of Columbia which are transmitted to
Congress by the Council of the District of Columbia under section
602(c) of the District of Columbia Home Rule Act on or after the date
of the enactment of this Act.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Mr. GOSAR:\nH.R. 2375.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle 1, Section 8, Clause 17 of the Constitution\nprovides Congress with the exclusive jurisdiction over the\nDistrict of Columbia\nThe single subject of this legislation is:\nImproves DC Home Rule\n[Page H1659]\n</pre>",
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118HR2376 | To amend the Indian Health Care Improvement Act and title 5 of the United States Code to facilitate participation in Federal benefits programs, and for other purposes. | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2376 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2376
To amend the Indian Health Care Improvement Act and title 5 of the
United States Code to facilitate participation in Federal benefits
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Grijalva (for himself, Ms. Moore of Wisconsin, Ms. Stansbury, and
Ms. Porter) introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committees on Natural Resources, and Energy and Commerce, 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 amend the Indian Health Care Improvement Act and title 5 of the
United States Code to facilitate participation in Federal benefits
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO INDIAN HEALTH CARE IMPROVEMENT ACT.
Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
1647b) is amended--
(1) by striking ``or an urban Indian organization carrying
out programs under title V of this Act'' and inserting ``, an
urban Indian organization carrying out programs under title V
of this Act, or a Tribal College or University as defined in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)),'';
(2) by striking ``or urban Indian organization, under
chapter 89'' and inserting ``, urban Indian organization, or
Tribal College or University, under chapter 89'';
(3) by striking ``or urban Indian organization, are
currently deposited'' and inserting ``, urban Indian
organization, or Tribal College or University, are currently
deposited'' ; and
(4) by adding at the end the following: ``In addition,
employees of such Indian tribe, tribal organization, urban
Indian organization, or Tribal College or University shall be
entitled to purchase coverage, rights, and benefits under
chapters 89A and 89B of such title if the Indian tribe, tribal
organization, urban Indian organization, or Tribal College or
University determines that the employee is eligible, and the
necessary employee deductions or direct payment for the
coverage, rights, and benefits for the period of employment
with such Indian tribe or tribal organization, urban Indian
organization, or Tribal College or University are currently
deposited in accordance with requirements under such
chapters.''
SEC. 2. TRIBAL INSURANCE ADMINISTRATIVE ACCOUNT.
Section 8909 of title 5, United States Code, is amended by adding
at the end the following:
``(h) Tribal Insurance Administrative Account.--
``(1)(A) There is established in the Fund a Tribal
Insurance Administrative Account (in this subsection referred
to as the `Account)'. The administrative fee charged to each
tribal employer that purchases coverage, rights, and benefits
for its employees under section 409 of the Indian Health
Improvement Act (25 U.S.C. 1647b) shall be collected by the
Office of Personnel Management, or other entity as authorized
by the Director of the Office, for the administration of the
Tribal FEHB Program. All such fees collected shall be paid into
the Account.
``(B) The administrative fee under subparagraph (A) shall
be determined annually by the Office and shall be charged in
addition to any premium for each enrollment of a tribal
employee. The administrative fee--
``(i) shall be a percentage, as determined by the
Office, of the weighted average monthly premium
calculated with consideration to all plans and options
and the total number of enrollees enrolled in all plans
and options; and
``(ii) shall not exceed 3 percent of the applicable
average monthly premium.
``(2) The Account shall be available to the Office, without
fiscal year limitation, for reasonable expenses incurred by the
Office for the administration of the Tribal FEHB Program.''.
<all>
</pre></body></html>
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118HR2377 | Saving Access to Laboratory Services Act | [
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... | <p><b>Saving Access to Laboratory Services Act</b></p> <p>This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2377 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2377
To amend title XVIII of the Social Security Act to improve the accuracy
of market-based Medicare payment for clinical diagnostic laboratory
services, to reduce administrative burdens in the collection of data,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Hudson (for himself, Mr. Fitzpatrick, Mr. Peters, Mr. Pascrell, Mr.
Bilirakis, Mr. Bucshon, Ms. Kuster, and Mr. Crenshaw) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, 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 amend title XVIII of the Social Security Act to improve the accuracy
of market-based Medicare payment for clinical diagnostic laboratory
services, to reduce administrative burdens in the collection of data,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Access to Laboratory Services
Act''.
SEC. 2. MODIFICATION OF REQUIREMENTS FOR MEDICARE CLINICAL DIAGNOSTIC
LABORATORY TESTS.
(a) Use of Statistical Sampling for Widely Available Clinical
Diagnostic Laboratory Tests.--
(1) In general.--Section 1834A(a)(1) of the Social Security
Act (42 U.S.C. 1395m-1(a)(1)) is amended--
(A) in subparagraph (A), by striking ``Subject to
subparagraph (B)'' and inserting ``Subject to
subparagraphs (B) and (C)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Use of statistical sampling for widely
available clinical diagnostic laboratory tests.--
``(i) In general.--Subject to clause (ii),
with respect to data collection periods for
reporting periods beginning on or after January
1, 2026, in the case of a widely available
clinical diagnostic laboratory test (as defined
in clause (iii)), in lieu of requiring the
reporting of applicable information from each
applicable laboratory, the Secretary shall
require the collection and reporting of
applicable information from a statistically
valid sample of applicable laboratories for
each such widely available clinical diagnostic
laboratory test.
``(ii) Requirements for statistical
sampling.--
``(I) In general.--The Secretary,
in consultation with stakeholders,
shall develop a methodology for a
statistically valid sample under clause
(i), using the maximal brewer selection
method, as described in the June 2021
Medicare Payment Access Commission
Report to the Congress, to establish
the payment amount for a widely
available clinical diagnostic
laboratory test under paragraph (2) of
subsection (b) for each applicable
HCPCS code for a widely available
clinical diagnostic laboratory test.
``(II) Representative sampling.--
The methodology under subclause (I) for
a statistically valid sample under
clause (i) shall, for each applicable
HCPCS code for a widely available
clinical diagnostic laboratory test--
``(aa) provide for a sample
that allows for the payment
amounts established under
paragraph (2) of subsection (b)
for such a test to be
representative of rates paid by
private payors to applicable
laboratories receiving payment
under this section, including
independent laboratories,
hospital laboratories, hospital
outreach laboratories, and
physician office laboratories
that furnish the widely
available clinical diagnostic
laboratory test;
``(bb) include applicable
information (as defined in
paragraph (3)) with respect to
such widely available clinical
diagnostic laboratory test from
such different types of
applicable laboratories; and
``(cc) be of sufficient
size to accurately and
proportionally represent the
range of private payor payment
rates received by each such
type of applicable laboratory
weighted according to the
utilization rates of each type
of applicable laboratory for
the widely available clinical
diagnostic laboratory test
during the first 6 months of
the calendar year immediately
preceding the data collection
period applicable to the sample
to be collected.
``(III) Least burdensome data
collection and reporting processes.--
The methodology developed by the
Secretary shall be designed to reduce
administrative burdens of data
collection and reporting on applicable
laboratories and the Centers for
Medicare & Medicaid Services to the
greatest extent practicable.
``(IV) Publication of list of
widely available clinical diagnostic
laboratory tests and notification to
applicable laboratories required to
report applicable information.--Not
later than September 30 of the year
immediately preceding each data
collection period (as defined in
paragraph (4)), the Secretary shall
publish in the Federal Register a list
of widely available clinical diagnostic
laboratory tests and shall directly
notify applicable laboratories required
to report applicable information under
this subsection.
``(iii) Definition of widely available
clinical diagnostic laboratory test.--In this
subparagraph, the term `widely available
clinical diagnostic laboratory test' means a
clinical diagnostic laboratory test that meets
both of the following criteria during the first
6 months of the calendar year immediately
preceding the data collection period applicable
to the sample to be collected:
``(I) Payment rate.--The payment
amount determined for the clinical
diagnostic laboratory test under this
section is less than $1,000 per test.
``(II) Number of laboratories
performing the test.--The number of
applicable laboratories receiving
payments under this section for the
clinical diagnostic laboratory test (as
determined by the Secretary using the
national provider identifier of the
provider of services or supplier on the
claim submitted for payment under this
part for such test) exceeds 100.''.
(2) Delays to revised reporting periods and reporting
period frequency.--
(A) In general.--Section 1834A(a)(1)(B) of the
Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) is
amended--
(i) in clause (i), by striking ``December
31, 2023'' and inserting ``December 31, 2026'';
(ii) in clause (ii), by striking
``beginning January 1, 2024, and ending March
31, 2024'' and inserting ``beginning January 1,
2027, and ending March 31, 2027''; and
(iii) in clause (iii) by striking ``every
three years'' and inserting ``every four
years''.
(B) Conforming change to definition of data
collection period.--Section 1834A(a)(4)(B) of the
Social Security Act (42 U.S.C. 1395m-1(a)(4)(B)) is
amended by striking ``January 1, 2019, and ending June
30, 2019'' and inserting ``January 1, 2026, and ending
June 30, 2026''.
(b) Elimination of Majority of Medicare Revenues Test.--The first
sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C.
1395m-1(a)(2)) is amended by striking ``In this section'' and all that
follows through the period and inserting the following:
``Notwithstanding determinations of applicable laboratories made prior
to January 1, 2025, the term `applicable laboratory' means a laboratory
that receives at least $12,500 in payments under this section during
the first 6 months of the calendar year immediately preceding the
applicable data collection period.''.
(c) Modifications to Applicable Information Reported.--
(1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of
the Social Security Act (42 U.S.C. 1395m-1(a)(8)(C)) is amended
by striking ``A medicaid managed care organization'' and
inserting ``With respect to data collection periods for
reporting periods beginning before January 1, 2027, a medicaid
managed care organization (as defined in section 1903(m))''.
(2) Authority to exclude manual remittances.--Section
1834A(a)(3) of the Social Security Act (42 U.S.C. 1395m-
1(a)(3)) is amended--
(A) in subparagraph (A), by striking ``subject to
subparagraph (B),'' and inserting ``subject to
subparagraphs (B) and (C)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Exclusion of manual remittances.--An
applicable laboratory for which less than 10 percent of
its total paid claims during a data collection period
are paid by private payors by means other than an
electronic standard transaction (as defined in section
162.103 of title 45, Code of Federal Regulations (or
any successor regulation)) may exclude from the
definition of applicable information under this
paragraph payments made by private payors that are not
made through an electronic standard transaction.''.
(d) Modification to Limits on Payment Reductions; Imposition of
Annual Cap on Payment Increases.--
(1) Payment reduction limits.--Section 1834A(b)(3) of the
Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(A) in subparagraph (A), by striking ``for each of
2017 through 2026'' and inserting ``for 2017 and each
succeeding year''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at
the end; and
(ii) by striking clause (iii) and inserting
the following:
``(iii) for 2024, 0 percent;
``(iv) for 2025, 2.5 percent; and
``(v) for 2026 and each subsequent year, 5
percent.''.
(2) Annual cap on payment rate increases.--Section
1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-
1(b)(3)), as amended by paragraph (1), is amended--
(A) in subparagraph (A)--
(i) by striking ``test for 2017 and each
succeeding year--'' and inserting ``test--
``(i) for 2017 and each succeeding year'';
(ii) in clause (i), as added by clause (i)
of this subparagraph, by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(ii) for 2024 and each succeeding year,
shall not result in an increase in payments for
a clinical diagnostic laboratory test for the
year of greater than the applicable percent (as
defined in subparagraph (D)) of the amount of
payment for the test for the preceding year.'';
(B) in subparagraph (B), in the matter preceding
clause (i), by striking ``In this paragraph'' and
inserting ``In clause (i) of subparagraph (A)''; and
(C) by adding at the end the following new
subparagraph:
``(D) Definition of applicable percent for purposes
of annual cap on payment increases.--In clause (ii) of
subparagraph (A), the term `applicable percent' means
the following:
``(i) Widely available clinical diagnostic
laboratory tests.--With respect to a widely
available clinical diagnostic laboratory test--
``(I) for 2024, 2.5 percent;
``(II) for 2025, 2.5 percent;
``(III) for 2026, 3.75 percent,
``(IV) for 2027, 3.75 percent; and
``(V) for 2028 and each subsequent
year, 5 percent.
``(ii) Other clinical diagnostic laboratory
tests.--With respect to a clinical diagnostic
laboratory test not described in clause (i), 5
percent.''.
(3) Conforming amendment.--Section 1834A(b)(3) of the
Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended in the
heading by striking ``reductions'' and inserting ``medicare
payment changes''.
(e) Regulations.--(1) Not later than December 31, 2024, the
Secretary of Health and Human Services shall implement the amendments
made by this section (other than subsection (d)) through notice and
comment rulemaking.
(2) The Secretary of Health and Human Services may implement the
amendments made by subsection (d) through interim final rulemaking,
program instruction, or otherwise.
<all>
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118HR2378 | Farmers’ Market and Food Bank Local Revitalization Act of 2023 | [
[
"K000009",
"Rep. Kaptur, Marcy [D-OH-9]",
"sponsor"
],
[
"E000296",
"Rep. Evans, Dwight [D-PA-3]",
"cosponsor"
],
[
"C001134",
"Rep. Caraveo, Yadira [D-CO-8]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2378 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2378
To provide increased financial assistance for farmers markets and
farmers market nutrition programs, to increase local agricultural
production through food bank in-house production and local farmer
contracting; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Kaptur (for herself and Mr. Evans) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Education and the Workforce, 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 provide increased financial assistance for farmers markets and
farmers market nutrition programs, to increase local agricultural
production through food bank in-house production and local farmer
contracting; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Farmers' Market and Food Bank Local
Revitalization Act of 2023''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Food insecurity, epidemic levels of obesity,
hypertension, diabetes, and youth osteoporosis are caused by
improper nutrition yielded by lack of nutritious, reliable, and
locally available healthy food options.
(2) The American Diabetes Association estimated a 41-
percent increase in costs of diagnosed diabetes from 2007
($174,000,000,000) to 2012 ($245,000,000,000) with most of
these costs (62 percent) coming from senior health programs
such as Medicare and Medicaid.
(3) Since sequestration in 2008, there has been no funding
increase for the Senior Farmers' Market Nutrition Program.
(4) From 2008 to 2020, the moderate at home food cost for a
family of 2 (aged 51-70 years old) increased by an average of
$70 a month. The Seniors Farmers' Market Nutrition Program
funding has not kept pace with such inflation.
(5) According to the Department of Agriculture, Seniors
Farmers' Market Nutrition Program has a total program funding
backlog of $20,065,021 and a season benefit level backlog of
$16,120,741 across all participating States, territories, and
Native American Tribes.
(6) Roughly 1 in 10 United States senior citizens (about
5,146,000) are forced to live well below the Federal poverty
level, and the Seniors Farmers' Market Nutrition Program is
only able to reach about 725,000 due to inadequate funding.
(7) Since sequestration in 2008, funding for the WIC
Farmers' Market Nutrition Program has fallen by over $6,000,000
and never rebounded.
(8) The WIC Farmers' Market Nutrition Program is a vital
safeguard for the nearly 1 in 7 children who will be born into
poverty in the United States and will be at nutritional risk.
(9) According to the Department of Agriculture, the WIC
Farmers' Market Nutrition Program has a total program and
seasonal benefit funding backlog of $6,198,432 across all
participating States, territories, and Native American Tribes.
(10) In the United States, food banks will provide meals to
1 in 7 people.
(11) Many food banks share special relationships with local
farmers who often donate their crops to food banks. The
partnership allows for more efficient and sustainable
procurement for food banks.
(12) Assisting food banks to grow their own food will aid
local procurement and allow food banks to serve as farming
resources to their communities, especially to those who are
food insecure.
(13) The Agriculture Improvement Act of 2018, specifically
required looking at ways to incorporate local goods to reduce
food waste.
(b) Purposes.--The purposes of this Act are--
(1) to increase and enhance funding for the Farmers' Market
Nutrition Programs to support seniors and food insecure
families, and to increase market capacity for local farmers;
(2) to provide funding assistance for the expansion and
construction of farmers' markets in both rural and urban food
desert areas;
(3) to increase local food production through partnership
with food banks by local farmer contracting and funding
assistance to food banks to grow necessary produce through
traditional or controlled environment agricultural farming.
SEC. 3. AUTHORIZATION AND ADDITIONAL AUTHORIZATION OF APPROPRIATIONS
FOR SENIORS FARMERS' MARKET NUTRITION PROGRAM.
(a) Authorization of Appropriations for Seniors Farmers' Market
Nutrition Program.--Section 4402(a) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3007(a)) is amended by striking
``2023'' and inserting ``2028''.
(b) Additional Authorization of Appropriations To Expand
Participation in the Seniors Farmers' Market Nutrition Program.--
(1) Increased authorization of appropriations.--To expand
and address season benefit level and total backlogs of the
Seniors Farmers' Market Nutrition Program, there is authorized
to be appropriated--
(A) for fiscal year 2024, an increase to
$60,000,000;
(B) for fiscal year 2025, an increase to
$70,000,000; and
(C) for each of the fiscal years 2026 through 2028,
and increase to $100,000,000.
(2) Benefit enhancement.--For the purpose of expanding
access to the Seniors Farmers' Market Nutrition Program, funds
appropriated under subsection (a) shall be used for the
following purposes:
(A) Program eligibility income limit shall increase
to 200 percent of the Federal poverty guideline.
(B) The minimum individual benefit shall be
increased to $35.
(C) The maximum individual benefit limit shall be
removed.
SEC. 4. MINIMUM INDIVIDUAL BENEFIT INCREASE UNDER THE WIC FARMERS'
MARKET NUTRITION PROGRAM.
Section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)) is amended--
(1) by striking ``paragraph (10)'' both places it appears
and inserting ``paragraph (9)'';
(2) in paragraph (5)(C)--
(A) by striking ``$10'' and inserting ``$35''; and
(B) by striking ``$30'' and inserting ``$60''; and
(3) in paragraph (9)(A), by striking ``2015'' and inserting
``2028''.
SEC. 5. INFRASTRUCTURE FUNDING FOR FARMERS MARKETS.
(a) In General.--The Secretary of Agriculture shall make loans,
loan guarantees, and grants to public agencies and nonprofit
organizations for--
(1) the construction of new farmers' markets; or
(2) the improvement or rehabilitation of existing farmers'
markets, including by adding or improving payment technologies
used in such farmers' markets.
(b) Eligibility.--To be eligible to receive a loan, loan guarantee,
or grant under subsection (a) with respect to a farmers' market the
public agency or nonprofit organization involved shall--
(1) demonstrate financial need as determined by the
Secretary; and
(2) commit to reserving at least 50 percent of the floor
area of the farmers' market for the sale of products that are
produced locally, as determined by the Secretary, by farmers,
ranchers, or aquaculture, mariculture, or fisheries operators,
or by associations of farmers, ranchers, or such operators.
(c) Cost Sharing.--
(1) Grants.--The amount of a grant under this section shall
not exceed 25 percent of the cost of the activity for which the
grant is made.
(2) Maximum amount.--The combined amount of a grant made
and loan made or guaranteed under this section shall not exceed
80 percent of the cost of the activity for which the grant or
loan is made or guaranteed.
(d) Interest Rate.--
(1) In general.--A loan made by the Secretary under
subsection (a) shall bear interest at the rate equivalent to
the rate of interest charged on Treasury securities of
comparable maturity on the date the loan is approved.
(2) Duration.--The interest rate referred to in paragraph
(1) with respect to a loan referred to in such paragraph shall
remain in effect for the term of the loan.
(e) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this section $50,000,000
for each of fiscal years 2024 through 2029.
SEC. 6. PILOT PROGRAM FOR FOOD BANKS AND LOCAL FARMER CONTRACTING FOR
LOCAL PROCUREMENT.
(a) Establishment.--The Secretary of Agriculture shall establish a
pilot grant program in which food banks may voluntarily contract with
their local farmers for them to grow produce for food bank programs to
promote local procurement of produce. Food banks serving economically
depressed or food desert areas hall be given priority to receive grants
under this section. The Secretary shall make grants to food banks in 5
urban ZIP Codes (as designated by the Census Bureau), 5 suburban ZIP
Codes (as designated by the Census Bureau), and 5 rural ZIP Codes (as
designated by the Census Bureau) distributed as follows:
(1) 3 of such grants in each ZIP Code selected under
paragraph (1) shall be awarded to food banks in each Census
Bureau Region of the United States; and
(2) 3 of such grants among 3 of such ZIP Codes selected by
the Secretary.
(b) Methods.--Under contracts made by food banks with grants
received under subsection (a), local farmers may grow produce through
traditional or controlled environmental agriculture farming.
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this section $7,500,000 for
fiscal years of 2024 and 2025. The amount of a grant under this section
shall be $500,000 per grant as to operate 15 separate pilot program
grant locations in total.
SEC. 7. REPORTING REQUIREMENT.
Not later than 180 days after effective date of this Act, the
Secretary of Agriculture shall submit to--
(1) the Committee on Agriculture, and the Committee on
Education and the Workforce, of the House of Representatives;
and
(2) the Committee on Agriculture, Nutrition, and Forestry,
and the Committee on Aging, of the Senate,
a report that contains a review of the effect of this Act on local
procurement of food, local farmers, who or what groups or entities are
procuring the food, and the communities involved.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 120 days after the date of the enactment
of this Act.
<all>
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118HR2379 | To designate the facility of the United States Postal Service located at 616 East Main Street in St. Charles, Illinois, as the "Veterans of the Vietnam War Memorial Post Office". | [
[
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"Rep. Krishnamoorthi, Raja [D-IL-8]",
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... | Designates the facility of the United States Postal Service located at 616 East Main Street in St. Charles, Illinois, as the "Veterans of the Vietnam War Memorial Post Office." | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2379 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2379
To designate the facility of the United States Postal Service located
at 616 East Main Street in St. Charles, Illinois, as the ``Veterans of
the Vietnam War Memorial Post Office''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Krishnamoorthi introduced the following bill; which was referred to
the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To designate the facility of the United States Postal Service located
at 616 East Main Street in St. Charles, Illinois, as the ``Veterans of
the Vietnam War Memorial Post Office''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. VETERANS OF THE VIETNAM WAR MEMORIAL POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 616 East Main Street in St. Charles, Illinois, shall be
known and designated as the ``Veterans of the Vietnam War Memorial Post
Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Veterans
of the Vietnam War Memorial Post Office''.
<all>
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118HR238 | Residential Substance Use Disorder Treatment Act of 2023 | [
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"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><strong></strong><b>Residential Substance Use Disorder Treatment Act of 2023</b></p> <p>This bill revises and reauthorizes through FY2027 grants for residential substance use disorder treatment programs at state and local correctional and detention facilities.</p> <p>Among the revisions, the bill</p> <ul> <li>replaces statutory references to <em>substance abuse</em> with <em>substance use disorder</em>,</li> <li>specifies that the term <em>residential substance use disorder treatment program</em> includes a medication-assisted treatment program, </li> <li>requires the chief medical officer or other staff overseeing a program to complete training on the science of addiction and the latest research and clinical guidance on treating substance use disorders in criminal justice settings, and</li> <li>allows people who are awaiting trial or in pretrial detention to participate in the programs.<br> </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 238
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the residential substance use disorder treatment program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the residential substance use disorder treatment program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Substance Use Disorder
Treatment Act of 2023''.
SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT PROGRAM.
(a) Amendments.--Part S of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10421 et seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use disorder'';
(2) in section 1901 (34 U.S.C. 10421)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``substance abuse''
each place it appears and inserting
``substance use disorder''; and
(II) by inserting after
``programs'' the following: ``,
including medication-assisted treatment
programs, which shall be permitted to
use any type of medication that has
been approved to treat substance use
disorders pursuant to section 505 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355), or any type of
biological product licensed under
section 351 of the Public Health
Service Act (42 U.S.C. 262),''; and
(ii) in paragraph (3), by striking
``substance abuse'' each place it appears and
inserting ``substance use disorder'';
(B) in subsection (b), by striking ``substance
abuse'' and inserting ``substance use disorder''; and
(C) in subsection (c)--
(i) by striking ``part for treatment'' and
inserting ``part for--
``(1) treatment'';
(ii) in paragraph (1), as so designated, by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(2) expanding residential substance use disorder
treatment programs to use not less than 1 medication or
treatment that has been approved to treat substance use
disorders pursuant to section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355).'';
(3) in section 1902 (34 U.S.C. 10422)--
(A) in subsection (b)--
(i) in the subsection heading, by striking
``Abuse'' and inserting ``Use''; and
(ii) by striking ``substance abuse'' each
place it appears and inserting ``substance use
disorder'';
(B) in subsection (c), by striking ``substance
abuse'' each place it appears and inserting ``substance
use disorder'';
(C) in subsection (d), by striking ``substance
abuse treatment'' and inserting ``substance use
disorder treatment'';
(D) in subsection (f), by striking ``substance
abuse'' and inserting ``substance use disorder''; and
(E) by adding at the end the following:
``(g) Training Requirement.--
``(1) In general.--To be eligible to receive funds under
this part, the chief medical officer of the prison or jail or
appropriate staff overseeing the program shall complete
training, before or within a reasonable amount of time after
receiving the funds, on, at a minimum--
``(A) the science of addiction;
``(B) the latest research and clinical guidance for
detoxification and withdrawal management and the
treatment of substance use disorders in criminal
justice settings;
``(C) strategies for continuity of care during and
after incarceration;
``(D) an overview of--
``(i) all medications for the treatment of
substance use disorders;
``(ii) how to obtain certification as an
opioid treatment provider (OTP) or waivers
under the Controlled Substances Act (21 U.S.C.
801 et seq.) for prescribing certain
medications; and
``(iii) evidence-based behavioral therapies
used in addition to medication to improve
medication adherence and treatment outcomes;
and
``(E) any other topic determined by the Attorney
General, in coordination with the Secretary of Health
and Human Services and in consultation with experts in
addiction science, to be a core element for successful
training under this paragraph.
``(2) Requirement.--The training required under paragraph
(1) shall include guidance on how to--
``(A) engage relevant stakeholders;
``(B) identify available resources for, and gaps
and barriers to, providing residential substance use
disorder treatment; and
``(C) develop a plan to overcome obstacles to
administering and offering medication-assisted
treatment.
``(h) Provider Affiliation.--Any entity, including a prison or
jail, that receives Federal funds for a program or activity that offers
medication-assisted treatment shall have an affiliation with a provider
that can--
``(1) prescribe not less than 1 medication-assisted
treatment to patients after release from the entity; and
``(2) discuss the risks and benefits of, and alternatives
to, medication-assisted treatment with patients.''; and
(4) in section 1904 (34 U.S.C. 10424)--
(A) by amending subsection (c) to read as follows:
``(c) Local Allocation.--
``(1) In general.--Not less than 10 percent of the total
amount made available to a State under subsection (a) for any
fiscal year shall be used by the State to make grants to local
correctional and detention facilities in the State (provided
such facilities exist therein).
``(2) Jail-based substance use treatment programs.--A jail-
based substance use disorder treatment program described in
paragraph (1) may be made available to any individual who is--
``(A) awaiting trial or is otherwise in pre-trial
detention; or
``(B) serving a sentence of imprisonment in the
jail.''; and
(B) by amending subsection (d) to read as follows:
``(d) Evidence-Based Treatments.--
``(1) In general.--A State may use amounts received under
this part to--
``(A) provide any type of medication-assisted
treatment that has been approved to treat substance use
disorders pursuant to section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355), and any type of
biological product licensed under section 351 of the
Public Health Service Act (42 U.S.C. 262), and
prescribe overdose reversal medications during the
residential substance use disorder treatment program or
after care;
``(B) cover costs associated with the training
required under section 1902(g);
``(C) obtain waivers under clause (ii) or (iv) of
section 303(g)(2)(G) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)(G)); and
``(D) obtain certification as an opioid treatment
provider (OTP) in accordance with part 8 of title 42,
Code of Federal Regulations, or any successor thereto,
or the prescription of medications to treat substance
use disorders.
``(2) Definition.--In this subsection, the term
`medication-assisted treatment' means a treatment plan that
combines behavioral therapy with any type of medication that
has been approved to treat substance use disorders pursuant to
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), or any type of biological product licensed under
section 351 of the Public Health Service Act (42 U.S.C.
262).''.
(b) Authorization of Appropriations.--Section 1001(a)(17) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(17)) is amended to read as follows:
``(17) There are authorized to be appropriated to carry out the
projects under part S $40,000,000 for each of fiscal years 2023 through
2027.''.
(c) Definition.--Section 901(25) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(25)) is amended
to read as follows:
``(25) the term `residential substance use disorder
treatment program' means a course of comprehensive individual
and group substance use disorder treatment services in
residential treatment facilities that, to the greatest extent
practicable, follow the guidance entitled, `Promising Practice
Guidelines for Residential Substance Abuse Treatment',
published in November 2017 by the Bureau of Justice Assistance,
or as thereafter amended to conform to current standards of
care;''.
<all>
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118HR2380 | Cellphone Jamming Reform Act of 2023 | [
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"F0... | <p><b>Cellphone Jamming Reform Act of 2023</b></p> <p>This bill allows a state or federal correctional facility to operate a jamming system to interfere with cellphone signals within inmate housing facilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2380 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2380
To provide that the Federal Communications Commission may not prevent a
State or Federal correctional facility from utilizing jamming
equipment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Kustoff (for himself, Mr. Duncan, Mr. Norman, Mr. Timmons, Mr. Fry,
Mr. Aderholt, Mr. LaMalfa, Mr. C. Scott Franklin of Florida, Mr.
Westerman, Mr. Flood, Mr. Austin Scott of Georgia, Mr. Fitzgerald, Mr.
Barr, Mr. Lamborn, Mr. Cole, Mrs. Houchin, Mr. Gimenez, Mr. Wilson of
South Carolina, Mr. Johnson of Louisiana, Mr. Issa, Mr. Kelly of
Mississippi, and Mr. Hill) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide that the Federal Communications Commission may not prevent a
State or Federal correctional facility from utilizing jamming
equipment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cellphone Jamming Reform Act of
2023''.
SEC. 2. LIMITATION ON FCC AUTHORITY.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``correctional facility'' means a jail,
prison, penitentiary, or other correctional facility; and
(3) the term ``jamming system''--
(A) means a system of radio signal generating and
processing equipment and antennas designed to disrupt,
prevent, interfere with, or jam a wireless
communication into, from, or within a correctional
facility; and
(B) includes the components and functionality of a
system described in subparagraph (A), such as--
(i) antennas, cabling, and cable elements;
(ii) the installation, interconnection, and
operation of system elements, power levels, and
radio frequencies carried on the cables or fed
into antennas;
(iii) the radiation pattern of the
antennas; and
(iv) the location and orientation of the
antennas.
(b) Restriction.--
(1) In general.--Notwithstanding any other provision of law
or regulation, and subject to paragraph (2), the Commission may
not prevent a State or Federal correctional facility from
operating a jamming system within the correctional facility to
prevent, jam, or otherwise interfere with a wireless
communication that is sent--
(A) to or from a contraband device in the facility;
or
(B) by or to an individual held in the facility.
(2) Requirements.--With respect to a jamming system
described in paragraph (1)--
(A) the operation of the system shall be limited to
the housing facilities of the correctional facility in
which the system is located;
(B) if the correctional facility that operates the
system is a State correctional facility, the State that
operates the correctional facility shall be responsible
for funding the entire cost of the system, including
the operation of the system; and
(C) the correctional facility that operates the
system shall--
(i) before implementing the system, consult
with local law enforcement agencies and other
public safety officials in the area in which
the facility is located; and
(ii) submit to the Director of the Bureau
of Prisons a notification regarding that
operation.
<all>
</pre></body></html>
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118HR2381 | Restoring Fulbright Exchanges with China and Hong Kong Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2381 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2381
To nullify the termination of the Fulbright exchange program with
regard to China and Hong Kong with respect to future exchanges for
participants traveling both from and to China or Hong Kong, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Larsen of Washington (for himself, Mr. Beyer, and Ms. Chu)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To nullify the termination of the Fulbright exchange program with
regard to China and Hong Kong with respect to future exchanges for
participants traveling both from and to China or Hong Kong, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Fulbright Exchanges with
China and Hong Kong Act''.
SEC. 2. NULLIFICATION.
Section 3(i) of Executive Order 13936 (relating to the termination
of the Fulbright exchange program with regard to China and Hong Kong
with respect to future exchanges for participants traveling both from
and to China or Hong Kong) is nullified and shall have no force or
effect, and Fulbright exchanges with China and Hong Kong shall carry on
as if such section had not been included in such Executive Order.
<all>
</pre></body></html>
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118HR2382 | September 11 Day of Remembrance Act | [
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[
... | <p><strong>September 11 Day of Remembrance Act</strong></p> <p>This bill designates September 11 Day of Remembrance as a legal public holiday. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2382 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2382
To amend title 5, United States Code, to designate September 11 Day of
Remembrance as a legal public holiday.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Lawler (for himself, Mr. D'Esposito, Mr. Ryan, and Mr. Trone)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to designate September 11 Day of
Remembrance as a legal public holiday.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11 Day of Remembrance
Act''.
SEC. 2. SEPTEMBER 11 DAY OF REMEMBRANCE AS A LEGAL PUBLIC HOLIDAY.
Section 6103(a) of title 5, United States Code, is amended by
inserting after the item relating to Labor Day the following:
``September 11 Day of Remembrance, September 11.''.
<all>
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118HR2383 | Prohibition of Financial Trading on Government Property Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2383 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2383
To prohibit Federal officers and employees from engaging in any
financial trading activity while on Federal Government property, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Mace (for herself and Ms. Craig) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on House Administration, 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 prohibit Federal officers and employees from engaging in any
financial trading activity while on Federal Government property, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibition of Financial Trading on
Government Property Act''.
SEC. 2. PROHIBITION ON FINANCIAL TRADING ACTIVITY WHILE ON GOVERNMENT
PROPERTY OR USING GOVERNMENT RESOURCES.
(a) Prohibition.--A Federal employee may not--
(1) conduct, participate in, or otherwise carry out any
financial trading activity while on Federal property; or
(2) use any Government-issued devices or resources,
including computers, internet access, telephones, or other
electronic devices, for the purpose of conducting,
participating in, or otherwise carrying out any financial
trading activity.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply to--
(A) any Federal employee if such employee's
official duties involve financial trading activity, as
determined by the head of the employing agency; and
(B) a Federal employee's engagement in financial
trading activity is directly related to their account
under the Thrift Savings Plan.
(2) President; vice president.--Subsection (a)(2) shall not
apply to the President or the Vice President.
(c) Penalties.--
(1) Penalty.--
(A) An individual who violates this section shall
be fined not more than the value of the financial
trading activity, or $1,000, whichever is greater.
(B) An individual who knowingly violates this
section shall be fined not more than $5,000, imprisoned
not more than 3 years, or both.
(2) Personnel action.--Any individual found to be in
violation of this Act shall be subject to disciplinary action
up to and including removal, as determined by the head of the
employing agency.
(d) Reporting.--
(1) In general.--Each employing agency shall report any
violation of this Act to the supervising ethics office within
30 days after determining that the violation has occurred.
(2) Compliance.--The supervising ethics office shall have
the authority to conduct investigations and audits to ensure
compliance with this Act.
(e) Regulations.--Each supervising ethics office shall issue
regulations to implement this Act, including guidelines for determining
what constitutes a violation of the Act, procedures for reporting
violations, and penalties under subsection (c)(1).
(f) Definitions.--In this Act--
(1) the term ``Federal employee''--
(A) means--
(i) the President;
(ii) a Member of Congress (as that term is
defined in section 2106 of title 5, United
States Code);
(iii) an employee (as that term is defined
under section 2105 of such title);
(iv) an employee of the United States
Postal Service or Postal Regulatory Commission;
and
(v) notwithstanding section 7425(b) of
title 38, United States Code, an employee
appointed under chapter 73 or 74 of such title
38; and
(B) does not include--
(i) any member of the uniformed services
(as that term is defined in section 2101 of
title 5, United States Code); or
(ii) the Chief Justice of the United States
or any associate justice of the Supreme Court
of the United States;
(2) the term ``Federal property'' means any building, land,
or other real property owned, leased, or occupied by any
department, agency, or instrumentality of the United States
Government, but does not include any--
(A) national park (but not including the White
House and President's Park);
(B) facility of the United States Postal Service;
(C) Indian Reservation (as that term is defined in
section 3 of the Indian Financing Act of 1974);
(D) real property or facility owned by the United
States Government located outside the United States and
its territories; or
(E) Border Inspection Facilities;
(3) the term ``financial trading activity'' means the
buying or selling of any stock, bond, commodity, future,
cryptocurrency or other digital asset, or other form of
security, including an interest in a hedge fund, a derivative,
option, or other complex investment vehicle; and
(4) the term ``supervising ethics office'' has the meaning
given that term in section 13101 of title 5, United States
Code.
(g) Effective Date.--This Act shall begin to take effect 90 days
after the date of enactment of this Act.
<all>
</pre></body></html>
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118HR2384 | Complete American Pipelines Act of 2023 | [
[
"M001205",
"Rep. Miller, Carol D. [R-WV-1]",
"sponsor"
],
[
"R000610",
"Rep. Reschenthaler, Guy [R-PA-14]",
"cosponsor"
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[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2384 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2384
To lower energy costs by ending judicial review for legacy projects and
providing jurisdiction to the United States Court of Appeals for the
District of Columbia Circuit, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mrs. Miller of West Virginia (for herself, Mr. Reschenthaler, and Mr.
Mooney) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To lower energy costs by ending judicial review for legacy projects and
providing jurisdiction to the United States Court of Appeals for the
District of Columbia Circuit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Complete American Pipelines Act of
2023''.
SEC. 2. LEGACY PROJECTS.
Notwithstanding any other provision of law, for any project that,
prior to January 1, 2018, has been granted a certificate of public
convenience and necessity by the Federal Energy Regulatory Commission
pursuant to section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)),
and where such certificate of public convenience and necessity is still
in effect--
(1) such project shall be constructed expeditiously in the
location and form specified in such certificate of public
convenience and necessity or any amendment or authorization
issued pursuant thereto, and consistent with other applicable
permits;
(2) such certificate of public convenience and necessity
and any amendment, extension of time, or other authorization
issued pursuant to or related thereto, and any order or action
of a Federal agency or State administrative agency acting
pursuant to Federal law for such project that is required to
complete construction of such project, issued prior to or
subsequent to the enactment of this section, shall not be
subject to judicial review in any court, and any action
(including any action pending in a court as of the date of
enactment of this section) seeking judicial review of such an
agency order or action shall not be filed or maintained in any
court and shall be promptly dismissed; and
(3) the United States Court of Appeals for the District of
Columbia Circuit shall have original and exclusive jurisdiction
over any claim alleging the invalidity of this section or that
an action is beyond the scope of authority conferred by this
section.
<all>
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118HR2385 | ACE Agriculture Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2385 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2385
To amend the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 to extend and permanently authorize the Agriculture
Advanced Research and Development Authority, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Panetta (for himself and Mr. Feenstra) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 to extend and permanently authorize the Agriculture
Advanced Research and Development Authority, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Cutting Edge Agriculture
Act'' or the ``ACE Agriculture Act''.
SEC. 2. REAUTHORIZATION OF AGARDA.
Section 1473H of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319k) is amended--
(1) in the section heading, by striking ``pilot'';
(2) in subsection (a)(6), by striking ``growing,'' and
inserting ``growing (including water conservation technologies
and innovation),'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``pilot'';
(B) in paragraph (2)--
(i) by amending subparagraph (B) to read as
follows:
``(B) to overcome the long term and high-risk
technological barriers in the development of
agricultural technologies, research tools, and
qualified products and projects that enhance export
competitiveness, environmental sustainability, water
conservation, the reduction, avoidance, sequestration,
or mitigation of greenhouse gas emissions, and
resilience to extreme weather, drought, infectious
diseases, plant and animal pathogens, and plant and
animal pests;''; and
(ii) in subparagraph (D), by inserting ``or
economic cost'' after ``financial
uncertainty'';
(C) in paragraph (3)(B)--
(i) in clause (ii), in the matter preceding
subclause (I), by striking ``advise the Chief
Scientist on, and''; and
(ii) by amending clause (iii) to read as
follows:
``(iii) Relationship within the department
of agriculture.--
``(I) Chief scientist.--The
Director shall report to the Chief
Scientist.
``(II) Other programs.--No other
official who is the head of any other
program of the Department of
Agriculture shall report to the
Director.'';
(D) in paragraph (6), by striking ``pilot'' each
place it appears in subparagraphs (A) and (B); and
(E) by amending paragraph (9) to read as follows:
``(9) Personnel matters.--
``(A) In general.--The Director shall establish and
maintain within the AGARDA a staff with sufficient
qualifications and expertise to enable the AGARDA to
carry out the responsibilities of the AGARDA under this
section in conjunction with other operations of the
Department of Agriculture.
``(B) Use of existing personnel authorities.--In
carrying out this subsection, the Secretary may appoint
highly qualified individuals to scientific or
professional positions on the same terms and conditions
as provided in subsections (b)(3), (b)(4), (c), (d),
(e), and (f) of section 620 of the Agricultural
Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7657).'';
(4) in subsection (c), by adding at the end the following:
``(4) Use of strategic plan.--The Secretary shall use the
strategic plan developed under paragraph (1) to inform the
administration of the AGARDA under this section.'';
(5) in subsection (d)--
(A) in paragraph (2), by striking subparagraph (C);
(B) in paragraph (3), by striking ``$50,000,000 for
each of fiscal years 2019 through 2023'' and inserting
``$100,000,000 for each of fiscal years 2024 through
2029''; and
(C) by adding at the end the following:
``(4) Other funding.--In addition to amounts otherwise made
available to carry out this section, the Secretary may use to
carry out this section other funds available to the Secretary
for any other purpose.
``(5) Clarification.--Nothing in paragraph (2) or (4)
authorizes the use of the funds of the Commodity Credit
Corporation to carry out this section.''; and
(6) by striking subsection (e).
<all>
</pre></body></html>
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118HR2386 | Community Wood Facilities Assistance Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2386 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2386
To amend the Farm Security and Rural Investment Act of 2002 to improve
assistance to community wood facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Perez (for herself, Ms. Pingree, Mr. Newhouse, and Ms. Kuster)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committee on Energy and Commerce,
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 amend the Farm Security and Rural Investment Act of 2002 to improve
assistance to community wood facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Wood Facilities Assistance
Act of 2023''.
SEC. 2. COMMUNITY WOOD FACILITIES GRANT PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8113) is amended--
(1) in the section heading, by striking ``energy and wood
innovation'' and inserting ``facilities grant'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(iii), in the matter
preceding subclause (I), by striking ``woody biomass,
including'' and inserting ``primarily forest biomass,
including processing or manufacturing''; and
(B) in paragraph (4), by striking ``Energy and Wood
Innovation'' and inserting ``Facilities Grant'';
(3) in subsection (b), by striking ``Energy and Wood
Innovation'' and inserting ``Facilities Grant'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``35'' and
inserting ``50'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(5) in subsection (d), by striking ``exceed--'' in the
matter preceding paragraph (1) and all that follows through the
period at the end of paragraph (2) and inserting ``exceed
$5,000,000.'';
(6) in subsection (e)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively; and
(C) in paragraph (1) (as so redesignated), by
inserting ``or market competitiveness'' after ``cost
effectiveness'';
(7) in subsection (f)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) in paragraph (2) (as so redesignated), by
striking ``use or retrofitting (or both) of existing
sawmill'' and inserting ``construction, use, or
retrofitting of forest products manufacturing'';
(8) in subsection (g)--
(A) in paragraph (1), by striking ``5 megawatts of
thermal energy or combined thermal and electric
energy'' and inserting ``15 megawatts of thermal
energy''; and
(B) in paragraph (2), by striking ``25 percent''
and inserting ``50 percent''; and
(9) in subsection (h), by striking ``$25,000,000 for each
of fiscal years 2019 through 2023'' and inserting ``$50,000,000
for each of fiscal years 2024 through 2028''.
SEC. 3. WOOD INNOVATIONS GRANT PROGRAM.
Section 8643 of the Agriculture Improvement Act of 2018 (7 U.S.C.
7655d) is amended--
(1) in the section heading, by striking ``innovation'' and
inserting ``innovations'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Incentivizing Use of Existing Milling'' and inserting
``Expanding Forest Products Manufacturing''; and
(B) by striking ``use or retrofitting (or both) of
existing sawmill'' and inserting ``construction, use,
or retrofitting for forest products manufacturing'';
and
(3) in subsection (d), by inserting ``50 percent of''
before ``the amount''.
<all>
</pre></body></html>
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118HR2387 | Rim of the Valley Corridor Preservation Act | [
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... | <p><b>Rim of the Valley Corridor Preservation Act</b></p> <p>This bill adjusts the boundary of the Santa Monica Mountains National Recreation Area in California as depicted on a specified map to include the Rim of the Valley Unit. </p> <p>The Rim of the Valley Unit, and any lands or interests acquired by the United States and located within its boundaries, shall be administered as part of the recreation area. </p> <p>The Department of the Interior may acquire only through exchange, donation, or purchase from a willing seller any nonfederal land within the boundaries of the Rim of the Valley Unit. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2387 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2387
To adjust the boundary of the Santa Monica Mountains National
Recreation Area to include the Rim of the Valley Corridor, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Schiff (for himself, Ms. Barragan, Ms. Brownley, Ms. Chu, Mr.
Gomez, Mr. Lieu, and Mr. Sherman) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To adjust the boundary of the Santa Monica Mountains National
Recreation Area to include the Rim of the Valley Corridor, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Santa Monica Mountains National Recreation Area was
authorized as a unit of the National Park System on November
10, 1978.
(2) The Santa Monica Mountains and the Rim of the Valley
Corridor include--
(A) nationally significant resources--
(i) outstanding examples of geologic
history, including the evolution of the
Transverse Ranges Province;
(ii) a diversity of well-preserved marine
and terrestrial paleontological resources; and
(iii) high biodiversity, including
outstanding examples of native grasslands,
coastal sage scrub, chaparral, dry coniferous
forests, and alluvian fan sage scrub; and
(B) nationally significant cultural resources that
represent a wide range of themes related to human use
and settlement in the region--
(i) high concentrations of archeological
resources that provide insight into more than
10,000 years of Native American history; and
(ii) landmarks that represent topics such
as architecture, recreation, and space
exploration.
(3) Expanding the Santa Monica Mountains National
Recreation Area would provide new opportunities for the
National Park Service to serve a broad range of urban
communities, including many that are underrepresented in
national parks and underserved by State and local parks.
SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the
first sentence by striking ``, which shall'' and inserting `` and
generally depicted as `Rim of the Valley Unit Proposed Addition' on the
map entitled `Rim of the Valley Unit--Santa Monica Mountains National
Recreation Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land can
be seen or heard from within the Rim of the Valley Unit shall
not, of itself, preclude the activities or land uses up to the
boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid or
reduce the impact on the resources of the Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
<all>
</pre></body></html>
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118HR2388 | Justice for Exploited Children Act of 2023 | [
[
"S001221",
"Rep. Scholten, Hillary J. [D-MI-3]",
"sponsor"
],
[
"M000194",
"Rep. Mace, Nancy [R-SC-1]",
"cosponsor"
],
[
"C001130",
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"cosponsor"
],
[
"G000599",
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],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2388 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2388
To amend the Fair Labor Standards Act of 1938 to increase civil
penalties related to child labor.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Scholten (for herself and Ms. Mace) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to increase civil
penalties related to child labor.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Exploited Children Act
of 2023''.
SEC. 2. CIVIL PENALTIES RELATED TO CHILD LABOR.
(a) In General.--Section 16(e)(1)(A) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(e)(1)(A)) is amended--
(1) by striking ``not to exceed--'' and inserting ``as
follows:'';
(2) by moving the margins for clauses (i) and (ii) 4 ems to
the left;
(3) in clause (i)--
(A) by striking ``$11,000'' and inserting ``Not
less than $5,000 but not more than $132,270''; and
(B) by striking ``; or'' and inserting a period;
and
(4) in clause (ii), by striking ``$50,000'' and inserting
``Not less than $25,000 but not more than $601,150''.
(b) Effective Date.--The amendments in subsection (a) shall be
applicable to violations occurring on or after the date of enactment of
this section.
<all>
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118HR2389 | Resident Physician Shortage Reduction Act of 2023 | [
[
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"Rep. Sewell, Terri A. [D-AL-7]",
"sponsor"
],
[
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"Rep. Fitzpatrick, Brian K. [R-PA-1]",
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[
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[
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2389
To amend title XVIII of the Social Security Act to provide for the
distribution of additional residency positions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Sewell (for herself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to provide for the
distribution of additional residency positions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resident Physician Shortage
Reduction Act of 2023''.
SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``paragraphs (7),
(8), (9), and (10)'' and inserting ``paragraphs (7), (8), (9),
(10), and (11)'';
(2) in paragraph (4)(H)(i), by striking ``paragraphs (7),
(8), (9), and (10)'' and inserting ``paragraphs (7), (8), (9),
(10), and (11)'';
(3) in paragraph (7)(E), by inserting ``paragraph (10),''
after ``paragraph (8),''; and
(4) by adding at the end the following new paragraph:
``(11) Distribution of additional residency positions.--
``(A) Additional residency positions.--
``(i) In general.--For each of fiscal years
2025 through 2031 (and succeeding fiscal years
if the Secretary determines that there are
additional residency positions available to
distribute under clause (iv)(II)), the
Secretary shall, subject to clause (ii) and
subparagraph (D), increase the otherwise
applicable resident limit for each qualifying
hospital (as defined in subparagraph (H)) that
submits a timely application under this
subparagraph by such number as the Secretary
may approve for portions of cost reporting
periods occurring on or after July 1 of the
fiscal year of the increase.
``(ii) Number available for distribution.--
For each such fiscal year, the Secretary shall
determine the total number of additional
residency positions available for distribution
under clause (i) in accordance with the
following:
``(I) Allocation to hospitals
already operating over resident
limit.--One-third of such number shall
be available for distribution only to
hospitals described in subparagraph
(B).
``(II) Aggregate limitation.--
Except as provided in clause (iv)(I),
the aggregate number of increases in
the otherwise applicable resident limit
under this subparagraph shall be equal
to 2,000 in each such year.
``(iii) Process for distributing
positions.--
``(I) Rounds of applications.--The
Secretary shall initiate 7 separate
rounds of applications for an increase
under clause (i), 1 round with respect
to each of fiscal years 2025 through
2031.
``(II) Number available.--In each
of such rounds, the aggregate number of
positions available for distribution in
the fiscal year under clause (ii) shall
be distributed, plus any additional
positions available under clause (iv).
``(III) Timing.--The Secretary
shall notify hospitals of the number of
positions distributed to the hospital
under this paragraph as a result of an
increase in the otherwise applicable
resident limit by January 1 of the
fiscal year of the increase. Such
increase shall be effective for
portions of cost reporting periods
beginning on or after July 1 of that
fiscal year.
``(iv) Positions not distributed during the
fiscal year.--
``(I) In general.--If the number of
resident full-time equivalent positions
distributed under this paragraph in a
fiscal year is less than the aggregate
number of positions available for
distribution in the fiscal year (as
described in clause (ii), including
after application of this subclause),
the difference between such number
distributed and such number available
for distribution shall be added to the
aggregate number of positions available
for distribution in the following
fiscal year.
``(II) Exception if positions not
distributed by end of fiscal year
2031.--If the aggregate number of
positions distributed under this
paragraph during the 7-year period of
fiscal years 2025 through 2031 is less
than 14,000, the Secretary shall, in
accordance with the provisions of
clause (ii) and subparagraph (E) and
the considerations and priority
described in subparagraph (C), conduct
an application and distribution process
in each subsequent fiscal year until
such time as the aggregate amount of
positions distributed under this
paragraph is equal to 14,000.
``(B) Allocation of distribution for positions to
hospitals already operating over resident limit.--
``(i) In general.--Subject to clauses (ii)
and (iii), in the case of a hospital in which
the reference resident level of the hospital
(as specified in subparagraph (H)(ii)) is
greater than the otherwise applicable resident
limit, the increase in the otherwise applicable
resident limit under subparagraph (A) for a
fiscal year described in such subparagraph
shall be an amount equal to the product of the
total number of additional residency positions
available for distribution under subparagraph
(A)(ii)(I) for such fiscal year and the
quotient of--
``(I) the number of resident
positions by which the reference
resident level of the hospital exceeds
the otherwise applicable resident limit
for the hospital; and
``(II) the number of resident
positions by which the reference
resident level of all such hospitals
with respect to which an application is
approved under this paragraph exceeds
the otherwise applicable resident limit
for such hospitals.
``(ii) Requirements.--A hospital described
in clause (i)--
``(I) is not eligible for an
increase in the otherwise applicable
resident limit under this subparagraph
unless the amount by which the
reference resident level of the
hospital exceeds the otherwise
applicable resident limit is not less
than 10 and the hospital trains at
least 25 percent of the full-time
equivalent residents of the hospital in
primary care and general surgery (as of
the date of enactment of this
paragraph); and
``(II) shall continue to train at
least 25 percent of the full-time
equivalent residents of the hospital in
primary care and general surgery for
the 5-year period beginning on such
date.
In the case where the Secretary determines that
a hospital described in clause (i) no longer
meets the requirement of subclause (II), the
Secretary may reduce the otherwise applicable
resident limit of the hospital by the amount by
which such limit was increased under this
subparagraph.
``(iii) Clarification regarding eligibility
for other additional residency positions.--
Nothing in this subparagraph shall be construed
as preventing a hospital described in clause
(i) from applying for and receiving additional
residency positions under this paragraph that
are not reserved for distribution under this
subparagraph.
``(C) Distribution of other positions.--For
purposes of determining an increase in the otherwise
applicable resident limit under subparagraph (A) (other
than such an increase described in subparagraph (B)),
the following shall apply:
``(i) Considerations in distribution.--In
determining for which hospitals such an
increase is provided under subparagraph (A),
the Secretary shall take into account the
demonstrated likelihood of the hospital filling
the positions made available under this
paragraph within the first 5 cost reporting
periods beginning after the date the increase
would be effective, as determined by the
Secretary.
``(ii) Minimum distribution for certain
categories of hospitals.--With respect to the
aggregate number of such positions available
for distribution under this paragraph, the
Secretary shall distribute not less than 10
percent of such aggregate number to each of the
following categories of hospitals:
``(I) Hospitals that are located in
a rural area (as defined in subsection
(d)(2)(D)) or are treated as being
located in a rural area pursuant to
subsection (d)(8)(E) or are located in
Alaska, Hawaii, or a territory of the
United States.
``(II) Hospitals in which the
reference resident level of the
hospital (as specified in subparagraph
(H)(ii)) is greater than the otherwise
applicable resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools
that received `Candidate
School' status from the Liaison
Committee on Medical Education
or that received `Pre-
Accreditation' status from the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation on or after
January 1, 2000, and that have
achieved or continue to
progress toward `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or toward `Accreditation'
status (as such term is defined
by the American Osteopathic
Association Commission on
Osteopathic College
Accreditation); or
``(bb) additional locations
and branch campuses established
on or after January 1, 2000, by
medical schools with `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or `Accreditation' status (as
such term is defined by the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation).
``(IV) Hospitals that serve areas
designated as health professional
shortage areas under section
332(a)(1)(A) of the Public Health
Service Act, as determined by the
Secretary.
``(iii) Prioritization in distribution to
hpsa hospitals.--In distributing positions to a
hospital described in clause (ii)(IV), the
Secretary shall give priority to hospitals that
are affiliated with--
``(I) a historically Black medical
school (as defined in subparagraph
(H)); or
``(II) any other school listed in
section 326(e)(1) of the Higher
Education Act of 1965 that establishes
a medical college.
``(D) Prohibition on distribution to hospitals
without an increase agreement.--No increase in the
otherwise applicable resident limit of a hospital may
be made under subparagraph (C) unless such hospital
agrees to increase the total number of full-time
equivalent residency positions under the approved
medical residency training program of such hospital by
the number of such positions made available by such
increase under the subparagraph.
``(E) Limitation.--
``(i) In general.--Except as provided in
clause (ii), a hospital may not receive more
than 75 full-time equivalent additional
residency positions in the aggregate under this
paragraph, paragraph (9), and paragraph (10)
over the period of fiscal years 2025 through
2031.
``(ii) Increase in number of additional
positions a hospital may receive.--The
Secretary shall increase the aggregate number
of full-time equivalent additional residency
positions a hospital may receive under this
paragraph over such period if the Secretary
estimates that the number of positions
available for distribution under subparagraph
(A) exceeds the number of applications approved
under such subparagraph over such period.
``(F) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under
paragraph (2)(D) for that hospital.
``(G) Permitting facilities to apply aggregation
rules.--The Secretary shall permit hospitals receiving
additional residency positions attributable to the
increase provided under this paragraph to, beginning in
the fifth year after the effective date of such
increase, apply such positions to the limitation amount
under paragraph (4)(F) that may be aggregated pursuant
to paragraph (4)(H) among members of the same
affiliated group.
``(H) Definitions.--In this paragraph:
``(i) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital, the
limit otherwise applicable under subparagraphs
(F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without
regard to this paragraph but taking into
account paragraphs (7)(A), (7)(B), (8)(A),
(8)(B), (9), (10)(A). and (10)(B).
``(ii) Reference resident level.--Except as
otherwise provided in subclause (II), the term
`reference resident level' means, with respect
to a hospital, the resident level for the most
recent cost reporting period of the hospital
ending on or before the date of enactment of
this paragraph, for which a cost report has
been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
``(iii) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).
``(iv) Qualifying hospital.--The term
`qualifying hospital' means a hospital
described in subparagraph (B)(i) or any of
subclauses (I) through (IV) of subparagraph
(C)(ii).
``(v) Historically black medical school.--
The term `historically Black medical school'
means Howard University College of Medicine,
Charles R. Drew University of Medicine and
Science, Meharry Medical College, Morehouse
School of Medicine, Xavier University Graduate
School of Health Sciences and Medical School,
and Maryland College of Osteopathic Medicine at
Morgan State University.''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking
``subsections (h)(7), (h)(8), (h)(9), and (h)(10)'' and
inserting ``subsections (h)(7), (h)(8), (h)(9), (h)(10), and
(h)(11)''; and
(2) by adding after clause (xiii) the following new clause:
``(xiv) For discharges occurring on or
after July 1, 2026, insofar as an additional
payment amount under this subparagraph is
attributable to resident positions distributed
to a hospital under subsection (h)(11), the
indirect teaching adjustment factor shall be
computed in the same manner as provided under
clause (ii) with respect to such resident
positions.''.
SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study on strategies for increasing the diversity of the health
professional workforce. Such study shall include an analysis of
strategies for increasing the number of health professionals from
rural, lower income, and underrepresented minority communities,
including which strategies are most effective for achieving such goal.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the study conducted under subsection (a), together with recommendations
for such legislation and administrative action as the Comptroller
General determines appropriate.
<all>
</pre></body></html>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. SEWELL:\nH.R. 2389.\nCongress has the power to enact this legislation pursuant\nto the following:\nUS Constitution Article I, Section 9, Clause 7\nThe single subject of this legislation is:\nIncreasing the number of residency positions eligible for\ngraduate medical education payments under Medicare for\nqualifying hospitals.\n[Page H1660]\n</pre>",
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118HR239 | Same Day Registration Act of 2023 | [
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"... | <p><strong>Same Day Registration Act of </strong><b>2023</b></p> <p>This bill requires states with a voter registration requirement to make same-day voter registration available at the polling place on any day voting is permitted.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 239 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 239
To amend the Help America Vote Act of 2002 to require States to provide
for same day registration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Brownley (for herself, Ms. Norton, and Mr. Garamendi) introduced
the following bill; which was referred to the Committee on House
Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require States to provide
for same day registration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Same Day Registration Act of 2023''.
SEC. 2. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)(D)), each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2024 and for any
subsequent election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
<all>
</pre></body></html>
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118HR2390 | Gun Violence Prevention Research Act of 2023 | [
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... | <p><b>Gun Violence Prevention Research Act of 2023</b></p> <p>This bill authorizes the Centers for Disease Control and Prevention to conduct or support research on firearms safety or gun violence prevention.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2390 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2390
To authorize the appropriation of funds to the Centers for Disease
Control and Prevention for conducting or supporting research on
firearms safety or gun violence prevention.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Slotkin (for herself, Mr. Vargas, Ms. Dean of Pennsylvania, Ms.
Norton, Ms. Brown, Mr. Beyer, Mr. Johnson of Georgia, Mr. Auchincloss,
Ms. Sewell, Mr. Sarbanes, Ms. Strickland, Ms. Kuster, Mr. Trone, Mr.
Torres of New York, Mr. Costa, Ms. Williams of Georgia, Ms. Bush, Ms.
Ross, Ms. Kelly of Illinois, and Mr. Takano) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To authorize the appropriation of funds to the Centers for Disease
Control and Prevention for conducting or supporting research on
firearms safety or gun violence prevention.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Violence Prevention Research Act
of 2023''.
SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE
PREVENTION.
There is authorized to be appropriated to the Centers for Disease
Control and Prevention $50,000,000 for each of fiscal years 2024
through 2029 for the purpose of conducting or supporting research on
firearms safety or gun violence prevention under the Public Health
Service Act (42 U.S.C. 201 et seq.). The amount authorized to be
appropriated by the preceding sentence is in addition to any other
amounts authorized to be appropriated for such purpose.
<all>
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118HR2391 | No Crime Left Behind Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2391 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2391
To amend title 18, United States Code, to temporarily prohibit the
transfer of a firearm to, or the possession of a firearm by, a person
convicted of a misdemeanor in which a firearm was used, carried, or
possessed.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Slotkin (for herself, Ms. Kuster, and Mr. Trone) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to temporarily prohibit the
transfer of a firearm to, or the possession of a firearm by, a person
convicted of a misdemeanor in which a firearm was used, carried, or
possessed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Crime Left Behind Act''.
SEC. 2. TEMPORARY PROHIBITION ON THE TRANSFER OF A FIREARM TO, OR THE
POSSESSION OF A FIREARM BY, A PERSON CONVICTED OF A
MISDEMEANOR IN WHICH A FIREARM WAS USED, CARRIED, OR
POSSESSED.
(a) Prohibition on Transfer.--Section 922(d) of title 18, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (10);
(2) in paragraph (11)--
(A) by striking ``(11)'' and inserting ``(12)'';
and
(B) by striking ``(10)'' and inserting ``(11)'';
and
(3) by inserting after paragraph (10) the following:
``(11) during the preceding 3 years, completed a sentence
imposed under law for a misdemeanor in which a firearm was
used, carried, or possessed; or''.
(b) Prohibition on Possession.--Section 922(g) of such title is
amended--
(1) by striking ``or'' at the end of paragraph (8)(C)(ii);
(2) by striking the comma at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who, during the preceding 3 years, completed a
sentence imposed under law for a misdemeanor in which a firearm
was used, carried, or possessed,''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of the enactment of this Act, and shall
not apply with respect to any sentence imposed for a misdemeanor
conviction entered before such date of enactment.
<all>
</pre></body></html>
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118HR2392 | Pause for Gun Safety Act | [
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"Rep. Slotkin, Elissa [D-MI-7]",
"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2392 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2392
To require a seven-day waiting period before the receipt of a firearm.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Slotkin (for herself, Ms. Kuster, and Mr. Trone) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a seven-day waiting period before the receipt of a firearm.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pause for Gun Safety Act''.
SEC. 2. 7-DAY WAITING PERIOD REQUIRED BEFORE THE RECEIPT OF A FIREARM.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa)(1) It shall be unlawful for any person, in or affecting
interstate or foreign commerce, to transfer a firearm to a person not
licensed under this chapter unless at least 7 calendar days have
elapsed since the transferee most recently offered to take possession
of the firearm.
``(2) Paragraph (1) shall not apply to a temporary transfer if the
transferor has no reason to believe that the transferee will use or
intends to use the firearm in a crime or is prohibited from possessing
firearms under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(A) at a shooting range or in a shooting gallery or other
area designated for the purpose of target shooting;
``(B) while reasonably necessary for the purposes of
hunting, trapping, pest control on a farm or ranch, or fishing,
if the transferor--
``(i) has no reason to believe that the transferee
intends to use the firearm in a place where it is
illegal; and
``(ii) has reason to believe that the transferee
will comply with all licensing and permit requirements
for such hunting, trapping, pest control on a farm or
ranch, or fishing; or
``(C) while in the presence of the transferor.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined not
more than $250,000, imprisoned not more than 5 years, or both.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to conduct engaged in
after the 90-day period that begins with the date of the enactment of
this Act.
<all>
</pre></body></html>
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118HR2393 | Combating Cartels on Social Media Act of 2023 | [
[
"S001209",
"Rep. Spanberger, Abigail Davis [D-VA-7]",
"sponsor"
],
[
"C001133",
"Rep. Ciscomani, Juan [R-AZ-6]",
"cosponsor"
],
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"B001248",
"Rep. Burgess, Michael C. [R-TX-26]",
"cosponsor"
],
[
"L000599",
"Rep. Lawler, Michael [R-NY-17]",
"cosponsor"
... | <p><b>Combating Cartels on Social Media Act of 2023</b></p> <p>This bill requires the Department of Homeland Security (DHS) to report and implement a strategy to combat the use of social media by transnational criminal organizations to recruit individuals in the United States to support illicit activities in the United States or countries near a U.S. international border.</p> <p>DHS must also identify a designee within U.S. Customs and Border Protection to receive, process, and disseminate information about these social media recruitment activities. The information must be disseminated to federal, tribal, state, and local entities to support appropriate government functions, such as providing actionable intelligence to law enforcement.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2393 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2393
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Spanberger (for herself, Mr. Ciscomani, and Mr. Burgess) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Homeland Security,
Foreign Affairs, and Energy and Commerce, 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 require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Cartels on Social Media
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or
group messaging capabilities, but not including text
messaging services without other substantial social
functionalities or electronic mail services, that the
Secretary determines is, has been, or will be used by
transnational criminal organizations in connection with
matters described in section 3; and
(C) a digital platform, or an electronic
application utilizing the digital platform, involving
real-time interactive communication between multiple
individuals, including multi-player gaming services and
immersive technology platforms or applications, that
the Secretary determines is, has been, or will be used
by transnational criminal organizations in connection
with matters described in section 3.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ASSESSMENT OF ILLICIT USAGE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing the following:
(1) The use of covered services by transnational criminal
organizations or criminal enterprises acting on their behalf to
engage in recruitment efforts, including the recruitment of
individuals, including individuals under the age of 18, located
in the United States to engage in or provide support with
respect to illicit activities occurring in the United States,
Mexico, or otherwise in proximity to an international boundary
of the United States.
(2) The use of covered services by transnational criminal
organizations to engage in other illicit activities or other
conduct in support of illicit activities, including--
(A) smuggling or trafficking involving narcotics,
other controlled substances, precursors thereof, or
other items prohibited under the laws of the United
States, Mexico, or another relevant jurisdiction,
including firearms; and
(B) human smuggling or trafficking.
(3) The existing efforts of the Secretary and relevant
government and law enforcement entities to counter, monitor, or
otherwise respond to the usage of covered services described in
paragraphs (1) and (2).
(4) The existing efforts of covered operators to counter,
monitor, or otherwise respond to the usage of covered services
described in paragraphs (1) and (2).
(5) The existing cooperative efforts between the Secretary,
other relevant government entities, and covered operators with
respect to the matters described in paragraphs (1) and (2).
SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA AND
ONLINE PLATFORMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a strategy, to be known as the National
Strategy to Combat Illicit Recruitment Activity by Transnational
Criminal Organizations on Social Media and Online Platforms, to combat
the use of covered services by transnational criminal organizations or
criminal enterprises acting on their behalf to recruit individuals
located in the United States to engage in or provide support with
respect to illicit activities occurring in the United States, Mexico,
or otherwise in proximity to an international boundary of the United
States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and
thereafter maintain cooperation between the Secretary,
relevant law enforcement entities, and appropriate
covered operators with respect to the matters described
in subsection (a).
(B) Recommendations to implement the requirement
under section 5(a)(2) to establish a centralized
mechanism for reporting information regarding the
United States recruitment efforts of transnational
criminal organizations involving covered services.
(C) A proposal to improve intragovernmental
coordination with respect to the matters described in
subsection (a), including between the Department and
State, local, and Tribal governments.
(D) A proposal to improve coordination within the
Department and between the components of the Department
with respect to the matters described in subsection
(a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment purposes.
(F) Activities to foster international partnerships
and enhance collaboration with foreign governments and,
as applicable, multilateral institutions with respect
to the matters described in subsection (a).
(G) Activities to facilitate proactive law
enforcement and other governmental efforts relating to
the efforts of transnational criminal organizations to
utilize covered services for recruitment purposes,
including activities intended to preempt through
outreach and engagement the commission of criminal
offenses by individuals located in the United States
who are targeted for recruitment by those transnational
criminal organizations.
(H) Activities to specifically increase engagement
and outreach with youth in border communities,
including regarding the recruitment tactics of
transnational criminal organizations and the
consequences of participation in illicit activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted as
of the date on which the strategy is submitted, including with
respect to encryption policies or reforms to section 230 of the
Communications Act of 1934 (47 U.S.C. 230).
(c) Consultation.--In drafting and implementing the strategy
required under subsection (a), the Secretary shall, at a minimum,
consult and engage with the following:
(1) The heads of relevant components of the Department,
including the following:
(A) The Commissioner of U.S. Customs and Border
Protection.
(B) The Under Secretary for Intelligence and
Analysis.
(C) The Under Secretary for Science and Technology.
(D) The Director of U.S. Immigration and Customs
Enforcement.
(E) The Officer for Civil Rights and Civil
Liberties.
(F) The Privacy Officer.
(2) The Secretary of State.
(3) The Director of the Federal Bureau of Investigation.
(4) The Administrator of the Drug Enforcement Agency.
(5) Representatives of border communities, including
representatives of the following:
(A) State, local, and Tribal governments, including
school districts and local law enforcement.
(B) Nongovernmental organizations.
(6) Covered operators, including representatives of the
following:
(A) Social media platforms, including operators of
platforms or applications--
(i) displaying short-form videos created by
users or third parties;
(ii) providing ephemeral content
transmission services; or
(iii) using algorithms or other means of
content prioritization to display a feed of
content or advertisements created by users or
third parties to other users.
(B) Interactive entertainment platforms and
publishers.
(C) Companies developing immersive technology
platforms and applications on those platforms.
(7) Nongovernmental experts in the fields of the following:
(A) Civil rights and civil liberties.
(B) Online privacy.
(C) Humanitarian assistance for migrants.
(D) Youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary
shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the
date on which the strategy required under subsection
(a) is implemented under paragraph (1) and semiannually
thereafter for five years, the Secretary shall submit
to the appropriate congressional committees a report
describing the efforts of the Secretary to implement
the strategy and the progress of those efforts, which
shall include a description of the following:
(i) The recommendations, and corresponding
implementation of those recommendations, with
respect to the matters described in subsection
(b)(1)(B) relating to the mechanism required
under section 5(a)(2).
(ii) The interagency posture with respect
to the matters covered by the strategy required
under subsection (a), which shall include a
description of collaboration between the
Secretary, other Federal entities, State,
local, and Tribal entities, and foreign
governments.
(iii) Actions taken pursuant to subsection
(c) that occurred between the Secretary and the
entities described in paragraphs (5) through
(7) of that subsection, provided that such
summaries are provided only in a classified or
other non-public manner.
(iv) The threat landscape, including new
developments related to the United States
recruitment efforts of transnational criminal
organizations and the use by those
organizations of new or emergent covered
services and recruitment methods.
(B) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 5. INTELLIGENCE COLLECTION AND DISSEMINATION.
(a) In General.--Not later than 90 days after the date on which the
strategy required under section 4(a) is required to be submitted to the
appropriate congressional committees, the Secretary shall identify a
designee--
(1) to receive, process, and disseminate information and
communications involving the use of covered services by
transnational criminal organizations or criminal enterprises
acting on their behalf to recruit individuals located in the
United States to engage in or provide support with respect to
illicit activities occurring in the United States, Mexico, or
otherwise in proximity to an international boundary of the
United States; and
(2) to establish a mechanism, or if the designee determines
appropriate, multiple mechanisms, for covered operators to
voluntarily report relevant information or communications
described in paragraph (1).
(b) Procedure.--Upon the identification of the designee and the
establishment of the voluntary reporting mechanism required under
subsection (a)(2), the Secretary shall notify appropriate covered
operators in writing regarding the voluntary reporting mechanism,
including information regarding how to contact the designee and utilize
the voluntary reporting mechanism.
(c) Placement.--The designee identified under subsection (a) shall
be located in U.S. Customs and Border Protection.
(d) Dissemination.--The designee identified under subsection (a)
shall utilize the information and communications received pursuant to
this section to--
(1) provide Federal, State, local, and Tribal entities with
intelligence to assist with outreach and engagement efforts
intended to preempt the commission of criminal offenses by
individuals located in the United States who are targeted by
transnational criminal organizations for recruitment;
(2) provide Federal, State, local, and Tribal law
enforcement with actionable intelligence for law enforcement
relating to the United States recruitment efforts of
transnational criminal organizations; and
(3) further other appropriate government functions
involving efforts to prevent the recruitment of individuals
located in the United States by transnational criminal
organizations.
<all>
</pre></body></html>
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118HR2394 | Protection from Abusive Passengers Act | [
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"T0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2394 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2394
To protect airline crew members, security screening personnel, and
passengers by banning abusive passengers from commercial aircraft
flights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Swalwell (for himself, Mr. Fitzpatrick, Mr. Garamendi, Mr. Bacon,
Mr. Thompson of California, Mr. Schiff, Mr. Gomez, Mr. Schneider, Mr.
Gallego, Mr. Grijalva, Ms. Norton, and Ms. Barragan) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on Transportation and
Infrastructure, 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 protect airline crew members, security screening personnel, and
passengers by banning abusive passengers from commercial aircraft
flights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Abusive Passengers
Act''.
SEC. 2. DEFINED TERM.
In this Act, the term ``abusive passenger'' means any individual
who, on or after the date of the enactment of this Act, engages in
behavior that results in--
(1) the assessment of a civil penalty for--
(A) engaging in conduct prohibited under section
46318 of title 49, United States Code; or
(B) tampering with, interfering with, compromising,
modifying, or attempting to circumvent any security
system, measure, or procedure related to civil aviation
security in violation of section 1540.105(a)(1) of
title 49, Code of Federal Regulations, if such
violation is committed on an aircraft in flight (as
defined in section 46501(1) of title 49, United States
Code);
(2) a conviction for a violation of section 46503 or 46504
of title 49, United States Code; or
(3) a conviction for any other Federal offense involving
assaults, threats, or intimidation against a crewmember on an
aircraft in flight (as defined in section 46501(1) of title 49,
United States Code).
SEC. 3. REFERRALS.
The Administrator of the Federal Aviation Administration or the
Attorney General shall provide the identity (including the full name,
full date of birth, and gender) of all abusive passengers to the
Administrator of the Transportation Security Administration.
SEC. 4. BANNED FLIERS.
(a) List.--The Administrator of the Transportation Security
Administration shall maintain a list of abusive passengers.
(b) Effect of Inclusion on List.--
(1) In general.--Any individual included on the list
maintained pursuant to subsection (a) shall be prohibited from
boarding any commercial aircraft flight until such individual
is removed from such list in accordance with the procedures
established by the Administrator pursuant to section 5.
(2) Other lists.--The placement of an individual on the
list maintained pursuant to subsection (a) shall not preclude
the placement of such individual on other lists maintained by
the Federal Government and used by the Administrator of the
Transportation Security Administration pursuant to sections
114(h) and 44903(j)(2)(C) of title 49, United States Code, to
prohibit such individual from boarding a flight or to take
other appropriate action with respect to such individual if the
Administrator determines that such individual--
(A) poses a risk to the transportation system or
national security;
(B) poses a risk of air piracy or terrorism;
(C) poses a threat to airline or passenger safety;
or
(D) poses a threat to civil aviation or national
security.
SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABUSIVE PASSENGERS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall develop, and post on a publicly available website of the
Transportation Security Administration, policies and procedures for
handling individuals included on the list maintained pursuant to
section 4(a), including--
(1) the process for receiving and handling referrals
received pursuant to section 3;
(2) the method by which the list of banned fliers required
under section 4(a) will be maintained;
(3) specific guidelines and considerations for removing an
individual from such list based on the gravity of each offense
described in section 2;
(4) the procedures for the expeditious removal of the names
of individuals who were erroneously included on such list;
(5) the circumstances under which certain individuals
rightfully included on such list may petition to be removed
from such list, including the procedures for appealing a denial
of such petition; and
(6) the process for providing to any individual who is the
subject of a referral under section 3--
(A) written notification, not later than 5 days
after receiving such referral, including an explanation
of the procedures and circumstances referred to in
paragraphs (4) and (5); and
(B) an opportunity to seek relief under paragraph
(4) during the 5-day period beginning on the date on
which the individual received the notification referred
to in subparagraph (A) to avoid being erroneously
included on the list of abusive passengers referred to
in section 4(a).
SEC. 6. CONGRESSIONAL BRIEFING.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
brief the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives regarding the policies and procedures developed
pursuant to section 5.
SEC. 7. ANNUAL REPORT.
The Administrator of the Transportation Security Administration
shall submit an annual report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives that contains nonpersonally
identifiable information regarding the composition of the list required
under section 4(a), including--
(1) the number of individuals included on such list;
(2) the age and sex of the individuals included on such
list;
(3) the underlying offense or offenses of the individuals
included on such list;
(4) the period of time each individual has been included on
such list;
(5) the number of individuals rightfully included on such
list who have petitioned for removal and the status of such
petitions;
(6) the number of individuals erroneously included on such
list and the time required to remove such individuals from such
list; and
(7) the number of individuals erroneously included on such
list who have been prevented from traveling.
SEC. 8. INSPECTOR GENERAL REVIEW.
Not less frequently than once every 3 years, the Inspector General
of the Department of Homeland Security shall review and report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of Representatives
regarding the administration and maintenance of the list required under
sections 4 and 5, including an assessment of any disparities based on
race or ethnicity in the treatment of petitions for removal.
SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PROGRAMS.
Except under policies and procedures established by the Secretary
of Homeland Security, all abusive passengers shall be permanently
ineligible to participate in--
(1) the Transportation Security Administration's PreCheck
program; or
(2) U.S. Customs and Border Protection's Global Entry
program.
SEC. 10. LIMITATION.
(a) In General.--The inclusion of a person's name on a list
described in section 4(a) may not be used as the basis for denying any
right or privilege under Federal law except for the rights and
privileges described in sections 4(b), 5, and 9.
(b) Rule of Construction.--Nothing in this section may be construed
to limit the dissemination, or bar the consideration, of the facts and
circumstances that prompt placement of a person on the list described
in section 4(a).
SEC. 11. PRIVACY.
Personally identifiable information used to create the list
required under section 4(a)--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal, State,
Tribal, or local authority pursuant to any Federal, State,
Tribal, or local law requiring public disclosure of information
or records.
SEC. 12. SAVINGS PROVISION.
Nothing in this Act may be construed to limit the authority of the
Transportation Security Administration or of any other Federal agency
to undertake measures to protect passengers, flight crew members, or
security officers under any other provision of law.
<all>
</pre></body></html>
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118HR2395 | Restoring Overtime Pay Act of 2023 | [
[
"T000472",
"Rep. Takano, Mark [D-CA-39]",
"sponsor"
],
[
"A000370",
"Rep. Adams, Alma S. [D-NC-12]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2395 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2395
To amend the Fair Labor Standards Act of 1938 to establish a minimum
salary threshold for bona fide executive, administrative, and
professional employees exempt from Federal overtime compensation
requirements, and automatically update such threshold each year, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Takano (for himself and Ms. Adams) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to establish a minimum
salary threshold for bona fide executive, administrative, and
professional employees exempt from Federal overtime compensation
requirements, and automatically update such threshold each year, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Overtime Pay Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) established overtime compensation requirements for
certain employees when they work more than 40 hours in a given
workweek.
(2) Under section 13(a)(1) of such Act, Congress delegated
to the Secretary of Labor the authority to define and delimit
the terms relating to the exemption for bona fide executive,
administrative, and professional employees (commonly known as
the ``white-collar exemption'').
(3) For more than 75 years, the Secretary of Labor has
exercised the Secretary's delegated authority to issue
regulations that define and delimit the terms relating to the
white-collar exemption by applying a duties test and applying a
minimum compensation level (or salary threshold).
(4) The Secretary of Labor began utilizing a salary
threshold in the initial regulations defining and delimiting
the terms relating to the white-collar exemption, which were
first issued in 1938.
(5) Congress has long approved the use of a salary
threshold by the Secretary of Labor, as demonstrated by the
fact that Congress has amended the Fair Labor Standards Act of
1938 at least 10 times since 1938 and has not precluded the
Secretary from using a salary threshold.
(6) The salary threshold became woefully out of date and
ineffective as a result of not being sufficiently updated to
keep pace with the changing economy, as evidenced by the fact
that 63 percent of all full-time salaried workers were
guaranteed overtime pay under section 7 of the Fair Labor
Standards Act of 1938 based on their salaries in 1975 while, in
2022, less than 15 percent of all full-time salaried workers
are guaranteed such overtime pay under the overtime rule
promulgated on September 27, 2019.
(7) Weak overtime protections also hurt the many workers
who are forced into part-time jobs but need full-time jobs to
support themselves and their families. When employers can no
longer overwork employees who are exempt from overtime pay
because of lax standards, they will be forced to spread work
and hours across their workforce. Restoring overtime
protections is especially important in 2023, as the economy of
the United States is still recovering from the pandemic and
many workers report their employers demanding excessive hours.
(8) In 2015, when the Department of Labor proposed an
increase to the overtime salary threshold rule under the Obama
Administration, it found that the historic range of the
overtime salary threshold under the Fair Labor Standards Act of
1938 ran from approximately the 35th to the 55th percentile of
weekly earnings for all full-time salaried workers. By phasing
the overtime salary threshold back up to the 55th percentile of
earnings of full-time salaried workers nationally--which after
adjusting for inflation is projected to translate to an
annualized amount of $73,551 in 2021 and $82,745 by 2026
(roughly the level of the boldest State overtime threshold
increase)--the United States can restore overtime protections
to historic levels.
SEC. 3. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE,
ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES EXEMPT FROM
FEDERAL OVERTIME COMPENSATION REQUIREMENTS.
(a) In General.--Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``subsection (k) and'' after
``subject to''; and
(B) by inserting ``(except as provided under
subsection (k)(2)(C))'' after ``Administrative
Procedure Act''; and
(2) by adding at the end the following:
``(k) Minimum Salary Threshold.--
``(1) In general.--Beginning on the effective date of the
Restoring Overtime Pay Act of 2023, the Secretary shall require
that an employee described in subsection (a)(1), as a
requirement for exemption under such subsection, be compensated
on a salary basis, or equivalent fee basis, within the meaning
of such terms in subpart G of part 541 of title 29, Code of
Federal Regulations (or any successor regulation), at a rate
per week that is not less than the weekly rate of the
applicable annualized salary threshold under paragraph (2).
``(2) Salary threshold.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the applicable annualized salary threshold shall
be--
``(i) $45,000, beginning on the effective
date of the Restoring Overtime Pay Act of 2023;
``(ii) $55,000, beginning on January 1,
2024;
``(iii) $65,000, beginning on January 1,
2025;
``(iv) $75,000, beginning on January 1,
2026; and
``(v) beginning on January 1, 2027, an
annualized amount that is equal to the rate of
the 55th percentile of weekly earnings of full-
time salaried workers nationally, as determined
by the Bureau of Labor Statistics based on data
from the second quarter of 2026.
``(B) Increased threshold.--The Secretary may
establish, through notice and comment rulemaking under
section 553 of title 5, United States Code, a salary
threshold that is a rate that--
``(i) is greater than the applicable
annualized salary threshold under subparagraph
(A); and
``(ii) is calculated based on a data set
and methodology established by the Secretary
that are capable of being updated in accordance
with subparagraph (C).
``(C) Automatic updates.--
``(i) In general.--Not later than 1 year
after the salary threshold first takes effect
under subparagraph (A)(v), and annually
thereafter, or, in the case in which the
Secretary establishes an increased salary
threshold under subparagraph (B), annually
after establishing such increased salary
threshold, the Secretary shall update the rate
of the salary threshold in effect under
subparagraph (A)(v) or (B), as applicable, so
that such rate is equal to--
``(I) in the case in which the
Secretary does not establish an
increased salary threshold under
subparagraph (B), the 55th percentile
of weekly earnings of full-time
salaried workers nationally, as
determined by the Bureau of Labor
Statistics based on data from the
second quarter of the calendar year
preceding the calendar year in which
such updated amount is to take effect;
and
``(II) in the case in which the
Secretary establishes an increased
salary threshold under subparagraph
(B), the greater of--
``(aa) the 55th percentile
described in subclause (I); and
``(bb) the increased salary
threshold established under
subparagraph (B), as updated in
accordance with the data set
and methodology established by
the Secretary under
subparagraph (B)(ii).
``(ii) Nonapplicability of rulemaking.--
Section 553 of title 5, United States Code,
shall not apply to any update described in this
subparagraph.
``(D) Notice requirement.--Not later than 60 days
before a revised salary threshold under this paragraph
takes effect, the Secretary shall publish a notice
announcing the amount in the Federal Register and on
the internet website of the Department of Labor.''.
(b) Publication of Earnings.--Not later than 21 days after the end
of each calendar quarter, the Bureau of Labor Statistics shall publish
on its public website, for each week of such quarter, data on the
weekly earnings of full-time salaried workers by census region (as
designated by the Bureau of the Census).
SEC. 4. NONEXEMPT DUTIES LIMIT FOR BONA FIDE EXECUTIVE, ADMINISTRATIVE,
OR PROFESSIONAL EMPLOYEES.
Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213), as amended in section 3(a)(1), is further amended--
(1) by striking ``of a retail or service establishment
shall not'' and inserting ``shall'';
(2) by striking ``because of'' and all that follows through
``administrative activities,'';
(3) by striking ``less than 40'' and inserting ``not less
than 20''; and
(4) by striking ``such activities'' and inserting
``activities not directly or closely related to the performance
of executive or administrative activities''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the first day of the third month that begins after the date of
enactment of this Act.
<all>
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118HR2396 | Social Media Bank Run Act | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2396 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2396
To amend the Financial Stability Act of 2010 to require the Financial
Stability Oversight Council to monitor social media platforms for
indicators of a bank run or financial panic, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Financial Stability Act of 2010 to require the Financial
Stability Oversight Council to monitor social media platforms for
indicators of a bank run or financial panic, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Media Bank Run Act''.
SEC. 2. MONITORING SOCIAL MEDIA FOR FINANCIAL INSTABILITY.
The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is
amended--
(1) in section 102(a), by adding at the end the following:
``(8) Social media platform.--The term `social media
platform' means a platform provided over the internet
(including a website or online application) that--
``(A) permits a person to create an account or a
profile for the purpose of generating, sharing, and
viewing user-generated content through such account or
profile;
``(B) enables users to generate content and share
such content so that such content can be viewed by
other users of the platform;
``(C) enables users to view content generated by
other users of the platform; and
``(D) enables users to participate in social
networking with other users of the platform.''; and
(2) in section 112(a)(2)--
(A) in subparagraph (M)(ii) by striking ``and'' at
the end;
(B) in subparagraph (N)(vi)(III) by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(O) monitor social media platforms for any
indicator of--
``(i) a potential bank run; or
``(ii) financial panic at a level that
potentially threatens the financial stability
of the United States.''.
SEC. 3. STUDY ON THE EFFECTS OF SOCIAL MEDIA ON FINANCIAL INSTABILITY.
(a) In General.--The Financial Stability Oversight Council shall
conduct a study to determine if the content on social media platforms
effects financial panic and bank runs.
(b) Report.--The Council shall submit a report to the Congress
containing all findings and determinations made in carrying out the
study required under subsection (a).
(c) Social Media Platform Defined.--The term ``social media
platform'' shall have the meaning given to such term in section 102(a)
of the Financial Stability Act of 2010 (12 U.S.C. 5311).
<all>
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118HR2397 | Homeownership for DREAMers Act | [
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"V000130",
"Rep. Vargas, Juan [D-CA-52]",
"sponsor"
],
[
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"Rep. Aguilar, Pete [D-CA-33]",
"cosponsor"
],
[
"G000587",
"Rep. Garcia, Sylvia R. [D-TX-29]",
"cosponsor"
]
] | <p><b>Homeownership for DREAMers Act</b></p> <p>This bill prohibits federal mortgage providers from limiting insurance eligibility on the basis of the mortgagor's participation in the Deferred Action for Childhood Arrivals Program.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2397 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2397
To clarify that eligibility of certain mortgages with Federal credit
enhancement may not be conditioned on the status of a mortgagor as a
DACA recipient if all other eligibility criteria are satisfied, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Vargas (for himself, Mr. Aguilar, and Ms. Garcia of Texas)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To clarify that eligibility of certain mortgages with Federal credit
enhancement may not be conditioned on the status of a mortgagor as a
DACA recipient if all other eligibility criteria are satisfied, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeownership for DREAMers Act''.
SEC. 2. DACA RECIPIENT ELIGIBILITY.
(a) FHA.--Section 203 of the National Housing Act (12 U.S.C. 1709)
is amended by inserting after subsection (h) the following:
``(i) DACA Recipient Eligibility.--
``(1) In general.--The Secretary may not--
``(A) prescribe terms that limit the eligibility of
a single family mortgage for insurance under this title
because of the status of the mortgagor as a DACA
recipient; or
``(B) issue any limited denial of participation in
the program for such insurance because of the status of
the mortgagor as a DACA recipient.
``(2) DACA recipient defined.--For the purposes of this
subsection, the term `DACA recipient' means an alien who, at
any time before, on, or after the date of the enactment of this
subsection, is or was in deferred action status pursuant to the
Deferred Action for Childhood Arrivals (`DACA') Program
announced by the Secretary of Homeland Security on June 15,
2012.
``(3) Exemption.--
``(A) Denial for failure to satisfy valid
eligibility requirements.--Nothing in this title
prohibits the denial of insurance based on failure to
satisfy valid eligibility requirements.
``(B) Invalid eligibility requirements.--Valid
eligibility requirements do not include criteria that
were adopted with the purpose of denying eligibility
for insurance because of race, color, religion, sex,
familial status, national origin, disability, or the
status of a mortgagor as a DACA recipient.''.
(b) Rural Housing Service.--Section 501 of the Housing Act of 1949
(42 U.S.C. 1472) is amended by adding at the end the following:
``(k) DACA Recipient Eligibility.--
``(1) In general.--The Secretary may not prescribe terms
that limit eligibility for a single family mortgage made,
insured, or guaranteed under this title because of the status
of the mortgagor as a DACA recipient.
``(2) DACA recipient defined.--For the purposes of this
paragraph, the term `DACA recipient' means an alien who, at any
time before, on, or after the date of the enactment of this
paragraph, is or was in deferred action status pursuant to the
Deferred Action for Childhood Arrivals (`DACA') Program
announced by the Secretary of Homeland Security on June 15,
2012.''.
(c) Fannie Mae.--Section 302(b) of the National Housing Act (12
U.S.C. 1717(b)) is amended by adding at the end the following:
``(8) DACA recipient eligibility.--
``(A) In general.--The corporation may not
condition purchase of a single-family residence
mortgage by the corporation under this subsection on
the status of the borrower as a DACA recipient.
``(B) DACA recipient defined.--For the purposes of
this paragraph, the term `DACA recipient' means an
alien who, at any time before, on, or after the date of
the enactment of this paragraph, is or was in deferred
action status pursuant to the Deferred Action for
Childhood Arrivals (`DACA') Program announced by the
Secretary of Homeland Security on June 15, 2012.''.
(d) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454) is amended by adding at the end the
following:
``(6) DACA recipient eligibility.--
``(A) In general.--The Corporation may not
condition purchase of a single-family residence
mortgage by the corporation under this subsection on
the status of the borrower as a DACA recipient.
``(B) DACA recipient defined.--For the purposes of
this subsection, the term `DACA recipient' means an
alien who, at any time before, on, or after the date of
the enactment of this subsection, is or was in deferred
action status pursuant to the Deferred Action for
Childhood Arrivals (`DACA') Program announced by the
Secretary of Homeland Security on June 15, 2012.''.
<all>
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118HR2398 | To amend title 38, United States Code, to prohibit smoking on the premises of any facility of the Veterans Health Administration, and for other purposes. | [
[
"W000815",
"Rep. Wenstrup, Brad R. [R-OH-2]",
"sponsor"
],
[
"U000040",
"Rep. Underwood, Lauren [D-IL-14]",
"cosponsor"
]
] | <p>This bill prohibits smoking on the premises of any Veterans Health Administration facility. The bill defines smoking as the use of cigarettes, cigars, and pipes (i.e., the heating or combustion of tobacco), as well as the use of any electronic nicotine delivery system.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2398 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2398
To amend title 38, United States Code, to prohibit smoking on the
premises of any facility of the Veterans Health Administration, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Wenstrup (for himself and Ms. Underwood) introduced the following
bill; which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to prohibit smoking on the
premises of any facility of the Veterans Health Administration, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH
ADMINISTRATION.
(a) Prohibition.--Section 1715 of title 38, United States Code, is
amended to read as follows:
``Sec. 1715. Prohibition on smoking in facilities of the Veterans
Health Administration
``(a) Prohibition.--No person (including any veteran, patient,
resident, employee of the Department, contractor, or visitor) may smoke
on the premises of any facility of the Veterans Health Administration.
``(b) Definitions.--In this section:
``(1) The term `smoke' includes--
``(A) the use of cigarettes, cigars, pipes, and any
other combustion or heating of tobacco; and
``(B) the use of any electronic nicotine delivery
system, including electronic or e-cigarettes, vape
pens, and e-cigars.
``(2) The term `facility of the Veterans Health
Administration' means any land or building (including any
medical center, nursing home, domiciliary facility, outpatient
clinic, or center that provides readjustment counseling) that
is--
``(A) under the jurisdiction of the Department of
Veterans Affairs;
``(B) under the control of the Veterans Health
Administration; and
``(C) not under the control of the General Services
Administration.''.
(b) Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1715 and inserting the following:
``1715. Prohibition on smoking in facilities of the Veterans Health
Administration.''.
(2) Veterans health care act of 1992.--Section 526 of the
Veterans Health Care Act of 1992 (Public Law 102-585) is
repealed.
<all>
</pre></body></html>
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118HR2399 | To authorize the President to award the Medal of Honor to Thomas H. Griffin for acts of valor as a member of the Army during the Vietnam War. | [
[
"P000613",
"Rep. Panetta, Jimmy [D-CA-19]",
"sponsor"
]
] | <p>This bill authorizes the President to award the Medal of Honor to Thomas Helmut Griffin for acts of valor as a captain in the Army during the Vietnam War, for which he was previously awarded the Silver Star.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2399 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2399
To authorize the President to award the Medal of Honor to Thomas H.
Griffin for acts of valor as a member of the Army during the Vietnam
War.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Panetta introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize the President to award the Medal of Honor to Thomas H.
Griffin for acts of valor as a member of the Army during the Vietnam
War.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ACTS OF VALOR DESCRIBED.
Congress recognizes the following acts of valor by Thomas Helmut
Griffin:
(1) Thomas Helmut Griffin distinguished himself by valorous
actions against overwhelming odds while serving as a captain in
the Army, Senior Advisor, 4/5 Infantry Battalion, 2nd Infantry
Division, Army of the Republic of Vietnam.
(2) From March 1, 1969 through March 3, 1969, during the
Vietnam War, such battalion was ordered to forestall an
imminent attack on Quang Ngai City threatened by units of the
North Vietnamese Army (hereinafter, ``NVA''). The 4/5 Battalion
engaged unabatedly with an entrenched NVA regiment over the
course of three days. Captain Griffin (hereinafter, ``CPT
Griffin'') risked his life and disregarded his personal safety,
all above and beyond his duty, on some 20 occasions, to lead
his battalion in the fight as well as direct gunships, air, and
artillery strikes on the enemy positions.
(3) During the initial phase of battle, CPT Griffin made
numerous trips across 50 meters of open ground, while under
heavy automatic weapon, rocket, and small arms fire, to advise
on the conduct of the battle and better direct strikes against
enemy forces. Fearing slaughter of his soldiers, CPT Griffin,
with one of his counterparts from the Army of the Republic of
Vietnam (hereinafter, ``ARVN''), charged directly into heavy
enemy fire and assaulted a machine gun bunker. CPT Griffin
continued these runs, despite the enemy shooting the heels off
CPT Griffin's boots.
(4) After taking out the NVA bunker, CPT Griffin brandished
the captured machine gun and rocket launcher to exhort his
battalion out of the kill zone and continue the assault into
the enemy entrenchments while remaining exposed to heavy fire.
CPT Griffin's raw and intense close combat leadership
galvanized his battalion to move out of the kill zone and
continue their mission.
(5) CPT Griffin's ARVN counterpart was struck by close
fire, and CPT Griffin unhesitatingly carried the wounded
commander to safety while shielding him with his own body
against rocket and artillery fire. CPT Griffin proceeded to
carry four more wounded soldiers to safety while protecting
them with his own body, returning each time against devastating
enemy fire. While leading the final attack, CPT Griffin was hit
three times in the chest by enemy small arms fire, yet
continued to lead at the forefront of his battalion until the
mission was completed. Under CPT Griffin's command and
leadership, the 4/5 Battalion continued to reduce the enemy
regiment's fighting capacity.
(6) CPT Griffin's personal leadership in intense close
combat resulted in a major win for his battalion against
overwhelming odds, killing 93 enemy soldiers and saving the
lives of over 300 allied soldiers by galvanizing and leading
them out of the kill zone.
(7) CPT Griffin's selfless devotion to duty, his
extraordinary heroism, conspicuous gallantry and intrepidity,
and numerous risks of his life above and beyond the call of
duty, are all in keeping with the highest traditions of the
Army, and reflect great credit on himself, the Armed Forces,
and the United States.
SEC. 2. FINDINGS.
Congress finds the following with regards to the original decision
to award a Silver Star to Thomas Helmut Griffin:
(1) When awarding him the Silver Star, CPT Griffin's chain
of command was unaware of the full extent of his valorous
actions and the numerous risks he took for his soldiers, all
above and beyond the call of duty.
(2) Congress notes that although CPT Griffin was struck
three times by enemy fire, and at one point was completely
surrounded by the enemy, he continued to fight and lead his
battalion against devastating and overwhelming enemy fire.
(3) Congress notes that CPT Griffin's Commanding Officer,
Colonel Dean E. Hutter (ret.), sent a letter to the Department
of the Army dated November 6, 2013, in which he accounts for
the revelation of additional, substantive and material evidence
not known at the time of the decision to award the Silver Star,
and in which he describes as compelling ``the justice of
upgrading CPT Griffin's sustained and varied acts of combat
valor to their rightful level of recognition, the Medal of
Honor''.
(4) Congress further notes that Colonel Hutter issued a
letter to former United States Representative Sam Farr on
September 15, 2011, noting his support for an upgrade from a
Silver Star to a Medal of Honor, having recognized CPT
Griffin's acts of valor as, ``numerous, selfless demonstrations
of personal risk in pressing a close-combat attack against a
well-entrenched element of a battalion-size enemy formation''.
SEC. 3. AUTHORIZATION OF AWARD OF MEDAL OF HONOR TO THOMAS HELMUT
GRIFFIN FOR ACTS OF VALOR AS A MEMBER OF THE ARMY DURING
THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 7274 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized to award
the Medal of Honor, under section 7271 of such title, to Thomas Helmut
Griffin for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this
subsection are the actions of Thomas H. Griffin during the period of
March 1 through March 3, 1969, while serving as a captain in the Army
during the Vietnam War, for which he was previously awarded the Silver
Star.
<all>
</pre></body></html>
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118HR24 | Federal Reserve Transparency Act of 2023 | [
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"M001184",
"Rep. Massie, Thomas [R-KY-4]",
"sponsor"
],
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"B001302",
"Rep. Biggs, Andy [R-AZ-5]",
"cosponsor"
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"Rep... | <p><b>Federal Reserve Transparency Act of 2023</b></p> <p>This bill establishes requirements regarding audits of certain financial agencies performed by the Government Accountability Office (GAO).</p> <p>Specifically, the bill directs the GAO to complete, within 12 months, an audit of the Federal Reserve Board and Federal Reserve banks. In addition, the bill allows the GAO to audit the Federal Reserve Board and Federal Reserve banks with respect to (1) international financial transactions; (2) deliberations, decisions, or actions on monetary policy matters; (3) transactions made under the direction of the Federal Open Market Committee; and (4) discussions or communications among Federal Reserve officers, board members, and employees regarding any of these matters. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 24 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 24
To require a full audit of the Board of Governors of the Federal
Reserve System and the Federal reserve banks by the Comptroller General
of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Massie (for himself, Mr. Biggs, Mr. Bishop of North Carolina, Mr.
Buck, Mrs. Cammack, Mr. Cline, Mr. Cloud, Mr. Crawford, Mr. Duncan, Mr.
Fitzpatrick, Mr. Gaetz, Mr. Good of Virginia, Mr. Gosar, Mrs. Greene of
Georgia, Mr. Johnson of Ohio, Mr. McClintock, Mrs. Miller of Illinois,
Mr. Mooney, Mr. Norman, Mr. Perry, Mr. Posey, and Mr. Rutherford)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability
_______________________________________________________________________
A BILL
To require a full audit of the Board of Governors of the Federal
Reserve System and the Federal reserve banks by the Comptroller General
of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Transparency Act of
2023''.
SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
(a) In General.--Notwithstanding section 714 of title 31, United
States Code, or any other provision of law, the Comptroller General of
the United States shall complete an audit of the Board of Governors of
the Federal Reserve System and the Federal reserve banks under
subsection (b) of such section 714 within 12 months after the date of
the enactment of this Act.
(b) Report.--
(1) In general.--Not later than 90 days after the audit
required pursuant to subsection (a) is completed, the
Comptroller General--
(A) shall submit to Congress a report on such
audit; and
(B) shall make such report available to the Speaker
of the House, the majority and minority leaders of the
House of Representatives, the majority and minority
leaders of the Senate, the Chairman and Ranking Member
of the committee and each subcommittee of jurisdiction
in the House of Representatives and the Senate, and any
other Member of Congress who requests the report.
(2) Contents.--The report under paragraph (1) shall include
a detailed description of the findings and conclusion of the
Comptroller General with respect to the audit that is the
subject of the report, together with such recommendations for
legislative or administrative action as the Comptroller General
may determine to be appropriate.
(c) Repeal of Certain Limitations.--Subsection (b) of section 714
of title 31, United States Code, is amended by striking the second
sentence.
(d) Technical and Conforming Amendments.--
(1) In general.--Section 714 of title 31, United States
Code, is amended--
(A) in subsection (d)(3), by striking ``or (f)''
each place such term appears;
(B) in subsection (e), by striking ``the third
undesignated paragraph of section 13'' and inserting
``section 13(3)''; and
(C) by striking subsection (f).
(2) Federal reserve act.--Subsection (s) (relating to
``Federal Reserve Transparency and Release of Information'') of
section 11 of the Federal Reserve Act (12 U.S.C. 248) is
amended--
(A) in paragraph (4)(A), by striking ``has the same
meaning as in section 714(f)(1)(A) of title 31, United
States Code'' and inserting ``means a program or
facility, including any special purpose vehicle or
other entity established by or on behalf of the Board
of Governors of the Federal Reserve System or a Federal
reserve bank, authorized by the Board of Governors
under section 13(3), that is not subject to audit under
section 714(e) of title 31, United States Code'';
(B) in paragraph (6), by striking ``or in section
714(f)(3)(C) of title 31, United States Code, the
information described in paragraph (1) and information
concerning the transactions described in section 714(f)
of such title,'' and inserting ``the information
described in paragraph (1)''; and
(C) in paragraph (7), by striking ``and section
13(3)(C), section 714(f)(3)(C) of title 31, United
States Code, and'' and inserting ``, section 13(3)(C),
and''.
<all>
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118HR240 | National Jazz Preservation, Education, and Promulgation Act of 2023 | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>National Jazz Preservation, Education, and Promulgation Act of 2023</b></p> This bill establishes a National Jazz Preservation Program and a National Jazz Appreciation Program, to be carried out by the Smithsonian Institution through the National Museum of American History, to (1) preserve knowledge and promote education about jazz, and (2) further the appreciation of jazz music throughout the nation. <p> The Smithsonian Institution shall (1) record interviews with leading jazz artists; (2) acquire, preserve, and interpret jazz artifacts; (3) continue to recognize Jazz Appreciation Month; (4) establish collaborative agreements for the sharing of such artifacts; and (5) encourage, consult with, and engage in capacity building with community-based and regional organizations with the potential to establish jazz archival collections. </p> <p>The bill amends the Elementary and Secondary Education Act of 1965 to allow the use of certain funds for programs to promote jazz education, which may include (1) a Jazz Artists in the Schools program, (2) a program for the development and distribution of educational materials about jazz and teacher training on jazz education, and (3) an Ambassadors of Jazz program. </p> <p> The Smithsonian Institution shall establish a series of jazz performances at Smithsonian affiliates that provides broad geographic access to jazz and supports public appreciation for the diversity of jazz music.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 240 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 240
To preserve knowledge and promote education about jazz in the United
States and abroad.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the Committee
on Education and the Workforce, 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 preserve knowledge and promote education about jazz in the United
States and abroad.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Jazz Preservation,
Education, and Promulgation Act of 2023''.
SEC. 2. NATIONAL JAZZ PRESERVATION PROGRAM.
(a) Establishment.--There is established a National Jazz
Preservation Program, to be carried out by the Secretary of the
Smithsonian Institution through the Director of the National Museum of
American History and in collaboration with other Smithsonian museums,
to preserve knowledge and promote education about jazz.
(b) Program Components.--Under the National Jazz Preservation
Program, the Secretary of the Smithsonian Institution shall--
(1) record audio and video interviews with leading jazz
artists;
(2) acquire and preserve jazz artifacts, and interpret the
artifacts through activities such as exhibitions and
performances by the Smithsonian Jazz Masterworks Orchestra;
(3) continue to recognize Jazz Appreciation Month;
(4) establish, with governmental agencies, universities,
museums, and community-based organizations with jazz archival
collections, collaborative agreements for the sharing of jazz
artifacts; and
(5) encourage, consult with, and engage in capacity
building with community-based and regional organizations with
the potential to establish jazz archival collections.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2022 through 2024, to remain available until expended.
SEC. 3. JAZZ EDUCATION IN ELEMENTARY AND SECONDARY SCHOOLS.
Section 4107(a)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7117(a)(3)) is amended--
(1) in subparagraph (I), by striking ``or'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) programs to promote jazz education, which may
include--
``(i) a Jazz Artists in the Schools program
to provide support for State arts agencies to
bring jazz artists to elementary and secondary
schools in collaboration with local educational
agencies;
``(ii) a program for--
``(I) the development by jazz
artists and educators of lesson plans
and other educational materials about
jazz;
``(II) the distribution of such
educational materials by organizations
that may include the National Endowment
for the Arts, educational institutions,
State and local arts and cultural
organizations, or nonprofit
organizations; and
``(III) teacher training on jazz
education by jazz artists and
educators; and
``(iii) an Ambassadors of Jazz program to
send jazz musicians, and jazz orchestras from
secondary schools, abroad to perform for
diverse audiences on missions of goodwill,
education, and cultural exchange, in
collaboration with the Secretary of State;
or''.
SEC. 4. NATIONAL JAZZ APPRECIATION PROGRAM.
(a) Establishment.--There is established a National Jazz
Appreciation Program, to be carried out by the Secretary of the
Smithsonian Institution through the Director of the National Museum of
American History and in collaboration with other Smithsonian museums
and affiliates, the National Endowment for the Arts, and the National
Endowment for the Humanities, to further the appreciation of jazz music
throughout the Nation.
(b) Program Components.--Under the National Jazz Appreciation
Program, the Secretary of the Smithsonian Institution shall establish a
series of jazz performances at Smithsonian affiliates throughout the
Nation that provides broad geographic access to jazz and supports
public appreciation for the diversity of jazz music.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2022 through 2024, to remain available until expended.
<all>
</pre></body></html>
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118HR2400 | Reentry Act of 2023 | [
[
"T000469",
"Rep. Tonko, Paul [D-NY-20]",
"sponsor"
],
[
"T000463",
"Rep. Turner, Michael R. [R-OH-10]",
"cosponsor"
],
[
"T000483",
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"cosponsor"
],
[
"R000609",
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[
... | <p><strong>Reentry Act</strong> <b><b>of </b></b><b>2023</b></p> <p>This bill allows for Medicaid payment of medical services furnished to an incarcerated individual during the 30-day period preceding the individual's release. The Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission must report on specified information relating to the accessibility and quality of health care for incarcerated individuals, including the impact of the bill's changes. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2400
To amend title XIX of the Social Security Act to allow States to make
medical assistance available to inmates during the 30-day period
preceding their release.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Tonko (for himself, Mr. Turner, Mr. Trone, Mr. Rutherford, Ms.
Underwood, Mr. Fitzpatrick, Ms. Blunt Rochester, Mr. Bacon, Ms.
Schakowsky, Mr. Joyce of Ohio, Ms. Kuster, Mr. Curtis, Mr. Veasey, and
Mr. Armstrong) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to allow States to make
medical assistance available to inmates during the 30-day period
preceding their release.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reentry Act of 2023''.
SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES
DURING 30-DAY PERIOD PRECEDING RELEASE.
(a) In General.--The subdivision (A) following the last numbered
paragraph of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended by inserting ``or in the case of any individual
during the 30-day period preceding the date of release of such
individual from such public institution'' before ``);''.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Medicaid and CHIP Payment and Access Commission shall
submit a report to Congress on the Medicaid inmate exclusion under the
subdivision (A) following the last numbered paragraph of section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). Such report
shall, to the extent practicable, include the following information:
(1) Provision of care in correctional settings.--An
analysis and description of standards for health and safety for
individuals who are inmates of correctional facilities, the
health care provided to such individuals, and the physical
environment in which health care is provided to such
individuals, which may include the following:
(A) An assessment of access to health care for
incarcerated individuals, including a description of
medical and behavioral health services generally
available to incarcerated individuals.
(B) An assessment of Medicare and Medicaid
conditions of participation for hospitals, psychiatric
facilities, psychiatric residential treatment
facilities, nursing facilities, and other relevant
provider types, if any, and their potential application
to health care services furnished to individuals who
are inmates of correctional facilities.
(C) An assessment of State licensing and
certification standards, processes, and enforcement
mechanisms for correctional facilities, and the
potential application of such standards, processes, and
enforcement mechanisms to the provision of health care
to individuals who are inmates of correctional
facilities.
(D) An assessment of accrediting bodies for
correctional facilities, the respective accrediting
standards of such bodies, and the accrediting practices
relevant to health care services provided by
correctional facilities to individuals who are inmates
of such facilities, in comparison to major community
health care facility accrediting bodies.
(2) Impact of the reentry act; recommendations for
additional action.--
(A) The number of incarcerated individuals who
would otherwise be eligible to enroll for medical
assistance under a State plan approved under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) (or
a waiver of such a plan).
(B) An analysis of the preliminary impact of the
amendment made by subsection (a) on health care
coverage and the transition back into the community for
individuals who are newly released from correctional
facilities.
(C) A description of current practices related to
the discharge of incarcerated individuals, including
how correctional facilities interact with State
Medicaid agencies to ensure that such individuals who
are eligible to enroll for medical assistance under a
State plan or waiver described in subparagraph (A) are
so enrolled.
(D) If determined appropriate by the Commission,
recommendations for Congress, the Department of Health
and Human Services, or States on further legislative or
administrative actions to--
(i) ensure access to comprehensive health
coverage for incarcerated and newly released
individuals, including an assessment of the
impact of the Medicaid inmate exclusion; and
(ii) better facilitate an effective
transition to community services and addiction
treatment for newly released individuals.
(E) Any other information that the Commission
determines would be useful to Congress.
<all>
</pre></body></html>
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118HR2401 | RISE Act | [
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... | <p><b>Respond, Innovate, Succeed, and Empower Act or the RISE Act</b><strong></strong></p> <p>This bill establishes requirements for institutions of higher education (IHEs) concerning students with disabilities.</p> <p>Specifically, the bill requires IHEs to allow students to use certain documents, such as individualized education programs, to establish their disabilities.</p> <p>In addition, IHEs must make the process for determining the eligibility for accommodations transparent.</p> <p>Finally, IHEs must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2401 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2401
To amend the Higher Education Act of 1965 to provide students with
disabilities and their families with access to critical information
needed to select the right college and succeed once enrolled.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Bonamici (for herself, Mr. Bucshon, Mr. Courtney, Mrs. Rodgers of
Washington, and Mr. Molinaro) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide students with
disabilities and their families with access to critical information
needed to select the right college and succeed once enrolled.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respond, Innovate, Succeed, and
Empower Act'' or the ``RISE Act''.
SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.
Section 103(6) of the Higher Education Act of 1965 (20 U.S.C.
1003(6)) is amended by striking ``section 3(2)'' and inserting
``section 3''.
SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED
IN COLLEGE.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30)(A) The institution will carry out the following:
``(i) Adopt policies that make any of the following
documentation submitted by an individual sufficient to
establish that such individual is an individual with a
disability:
``(I) Documentation that the individual has
had an individualized education program (IEP)
in accordance with section 614(d) of the
Individuals with Disabilities Education Act,
including an IEP that may not be current on the
date of the determination that the individual
has a disability. The institution may ask for
additional documentation from an individual who
had an IEP but who was subsequently evaluated
and determined to be ineligible for services
under the Individuals with Disabilities
Education Act, including an individual
determined to be ineligible during elementary
school.
``(II) Documentation describing services or
accommodations provided to the individual
pursuant to section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) (commonly referred
to as a `Section 504 plan').
``(III) A plan or record of service for the
individual from a private school, a local
educational agency, a State educational agency,
or an institution of higher education provided
in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
``(IV) A record or evaluation from a
relevant licensed professional finding that the
individual has a disability.
``(V) A plan or record of disability from
another institution of higher education.
``(VI) Documentation of a disability due to
service in the uniformed services, as defined
in section 484C(a).
``(ii) Adopt policies that are transparent and
explicit regarding information about the process by
which the institution determines eligibility for
accommodations.
``(iii) Disseminate such information to students,
parents, and faculty in an accessible format, including
during any student orientation and making such
information readily available on a public website of
the institution.
``(B) Nothing in this paragraph shall be construed to
preclude an institution from establishing less burdensome
criteria than that described in subparagraph (A) to establish
an individual as an individual with a disability and therefore
eligible for accommodations.''.
SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION
AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH
DISABILITIES.
Section 777(a) of the Higher Education Act of 1965 (20 U.S.C.
1140q(a)) is amended--
(1) in paragraph (1), by striking ``From amounts
appropriated under section 778,'' and inserting ``From amounts
appropriated under paragraph (5),''; and
(2) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.''.
SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by section 3, is further amended by adding at the
end the following:
``(31) The institution will submit, for inclusion in the
Integrated Postsecondary Education Data System (IPEDS) or any
other Federal postsecondary institution data collection effort,
key data related to undergraduate students enrolled at the
institution who are formally registered as students with
disabilities with the institution's office of disability
services (or the equivalent office), including the total number
of students with disabilities enrolled, the number of students
accessing or receiving accommodations, the percentage of
students with disabilities of all undergraduate students, and
the total number of undergraduate certificates or degrees
awarded to students with disabilities. An institution shall not
be required to submit the information described in the
preceding sentence if the number of such students would reveal
personally identifiable information about an individual
student.''.
SEC. 6. RULE OF CONSTRUCTION.
None of the amendments made by this Act shall be construed to
affect the meaning of the terms ``reasonable accommodation'' or
``record of impairment'' under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under
such Act.
<all>
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118HR2402 | Alan Reinstein Ban Asbestos Now Act of 2023 | [
[
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"Rep. Bonamici, Suzanne [D-OR-1]",
"sponsor"
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[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponsor"
],... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2402 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2402
To amend the Toxic Substances Control Act to prohibit the manufacture,
processing, use, and distribution in commerce of commercial asbestos
and mixtures and articles containing commercial asbestos, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Bonamici introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to prohibit the manufacture,
processing, use, and distribution in commerce of commercial asbestos
and mixtures and articles containing commercial asbestos, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alan Reinstein Ban Asbestos Now Act
of 2023''.
SEC. 2. COMMERCIAL ASBESTOS BAN AND REPORTING.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Asbestos.--
``(1) Definitions.--In this subsection:
``(A) Commercial asbestos.--The term `commercial
asbestos' means the asbestiform varieties of the
following fibers if extracted and processed for their
commercial value:
``(i) Chrysotile (serpentine).
``(ii) Crocidolite (riebeckite).
``(iii) Amosite (cummingtonite-grunerite).
``(iv) Anthophyllite.
``(v) Tremolite.
``(vi) Actinolite.
``(vii) Richterite.
``(viii) Winchite.
``(B) Distribute in commerce; distribution in
commerce.--
``(i) In general.--Except as provided in
clause (ii), the terms `distribute in commerce'
and `distribution in commerce' have the
meanings given the terms in section 3.
``(ii) Exclusions.--The terms `distribute
in commerce' and `distribution in commerce' do
not include, with respect to commercial
asbestos--
``(I) end-use of a mixture or
article containing commercial asbestos
and installed in a building or other
structure before the date of enactment
of the Alan Reinstein Ban Asbestos Now
Act of 2023; or
``(II) distribution of a mixture or
article containing commercial asbestos
solely for the purpose of disposal of
the mixture or article in compliance
with applicable Federal, State, and
local requirements.
``(C) Mixture or article containing commercial
asbestos.--The term `mixture or article containing
commercial asbestos' does not include a mixture or
article in which commercial asbestos is present solely
as an impurity (as defined in section 720.3 of title
40, Code of Federal Regulations (or successor
regulations)).
``(2) Applicability.--
``(A) In general.--The prohibitions, requirements,
and definition of the term `commercial asbestos' in
this subsection shall--
``(i) apply only--
``(I) to chemical substances; and
``(II) for purposes of regulating
chemical substances under this Act; and
``(ii) have no effect on--
``(I) any other prohibition or
definition of the term `asbestos'; or
``(II) any other requirement
regulating asbestos, including for
purposes of--
``(aa) regulating cosmetics
under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301
et seq.); and
``(bb) determining whether
a cosmetic contains asbestos as
an ingredient or as an impurity
to an ingredient.
``(B) Impurities.--Nothing in this subsection
applies to any chemical substance, mixture, or article
in which commercial asbestos is present solely as an
impurity.
``(3) Prohibition of manufacture, processing, use, and
distribution in commerce.--Effective 1 year after the date of
enactment of the Alan Reinstein Ban Asbestos Now Act of 2023,
no person may manufacture, process, use, or distribute in
commerce commercial asbestos or any mixture or article
containing commercial asbestos.
``(4) Chlor-alkali industry.--Notwithstanding paragraph
(3), an owner, operator, or agent of an owner or operator of a
chlor-alkali facility that is in operation on the date of
enactment of the Alan Reinstein Ban Asbestos Now Act of 2023
may, until the date that is 2 years after that date of
enactment--
``(A) import processed commercial asbestos fibers
solely for the purpose of manufacturing diaphragms for
use in the chlor-alkali process;
``(B) use, hold, or process commercial asbestos
fibers solely for the purpose of manufacturing
diaphragms for use in the chlor-alkali process; and
``(C) use asbestos diaphragms in chlor-alkali
production.
``(5) Exemption for national security reasons.--
``(A) In general.--Notwithstanding any other
provision of this subsection, the President may, on
application, grant any person an exemption from the
prohibition under paragraph (3) once for the
manufacture, processing, use, or distribution in
commerce of commercial asbestos or any mixture or
article containing commercial asbestos only if the
President determines that--
``(i) the manufacture, processing, use, or
distribution in commerce of commercial asbestos
or any mixture or article containing commercial
asbestos by the person is necessary to protect
the national security interests of the United
States; and
``(ii) no feasible alternative to the
manufacture, processing, use, or distribution
in commerce of commercial asbestos or any
mixture or article containing commercial
asbestos exists for the intended use.
``(B) Duration.--
``(i) In general.--The period of an
exemption granted under subparagraph (A) shall
not exceed 3 years.
``(ii) Extension.--The President may, in
accordance with subparagraph (A), extend an
exemption granted under that subparagraph once,
for a period not to exceed 3 years.
``(C) Terms and conditions.--An exemption granted
under this paragraph (including any extension granted
under subparagraph (B)(ii)) shall include such terms
and conditions as are necessary to achieve the maximum
extent practicable reduction in exposure to commercial
asbestos.
``(D) Publication.--
``(i) Applications.--Not later than 30 days
after receipt of an application for an
exemption under this paragraph (including an
extension under subparagraph (B)(ii)), the
President shall publish the application in the
Federal Register.
``(ii) Exemptions.--Not later than 30 days
after granting an exemption under this
paragraph (including an extension under
subparagraph (B)(ii)), the President shall
publish in the Federal Register--
``(I) a notice of the exemption;
and
``(II) the terms and conditions
included under subparagraph (C).
``(iii) Exception.--The President, on a
determination that publication under this
subparagraph of information relating to an
application or granting of a particular
exemption would harm the national security
interests of the United States--
``(I) shall not publish that
information in the Federal Register;
but
``(II) shall provide that
information to the Committee on Energy
and Commerce of the House of
Representatives and the Committee on
Environment and Public Works of the
Senate.
``(E) Application of waiver authority.--
Notwithstanding section 22, the Administrator may not
issue a waiver under that section with respect to
commercial asbestos.''.
SEC. 3. PUBLIC EDUCATION.
The Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Health and Human Services, shall
develop and make publicly available resources that may be used by the
Federal Government and other entities to educate the public and health
professionals about--
(1) the adverse health effects of asbestos exposure;
(2) any Federal resources, including easily understandable
regulations, available to address the prevention and mitigation
of asbestos exposure; and
(3) licensed commercial asbestos mitigation availability
within each State, the District of Columbia, and each territory
or possession of the United States.
<all>
</pre></body></html>
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118HR2403 | Enhanced Background Checks Act of 2023 | [
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[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2403 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2403
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Clyburn (for himself, Mr. Aguilar, Mr. Auchincloss, Ms. Balint, Ms.
Barragan, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr.
Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Boyle of
Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Ms. Bush, Mr.
Carter of Louisiana, Mr. Casten, Ms. Castor of Florida, Mrs. Cherfilus-
McCormick, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr.
Cohen, Ms. Craig, Ms. Crockett, Ms. Dean of Pennsylvania, Ms. DeGette,
Ms. DeLauro, Mr. DeSaulnier, Mrs. Dingell, Mr. Doggett, Mr. Evans, Mr.
Foster, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Ms.
Garcia of Texas, Mr. Garcia of Illinois, Mr. Goldman of New York, Mr.
Gomez, Mr. Gottheimer, Mr. Grijalva, Mrs. Hayes, Mr. Higgins of New
York, Mr. Himes, Mr. Horsford, Mr. Hoyer, Mr. Huffman, Mr. Ivey, Mr.
Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Ms. Jayapal, Mr.
Johnson of Georgia, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr.
Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr.
Krishnamoorthi, Ms. Kuster, Mr. Larsen of Washington, Ms. Lee of
California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Ms. Lofgren, Mr.
Lynch, Ms. Manning, Mrs. McBath, Mrs. McClellan, Mr. Meeks, Ms. Meng,
Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moskowitz, Mr.
Moulton, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Mr. Norcross, Ms.
Norton, Ms. Omar, Mr. Pallone, Mr. Pascrell, Mr. Payne, Ms. Pettersen,
Ms. Plaskett, Mr. Pocan, Mr. Ruppersberger, Mr. Ryan, Ms. Salinas, Ms.
Sanchez, Ms. Schakowsky, Mr. Schiff, Mr. David Scott of Georgia, Mr.
Scott of Virginia, Ms. Sewell, Mr. Smith of Washington, Ms. Stansbury,
Ms. Stevens, Ms. Strickland, Mr. Swalwell, Mr. Takano, Mr. Thompson of
Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Ms.
Tokuda, Mr. Veasey, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms.
Williams of Georgia, and Ms. Wilson of Florida) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Background Checks Act of
2023''.
SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED
BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM
TO A PERSON WHO IS NOT SUCH A LICENSEE.
Section 922(t) of title 18, United States Code is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) in the event the system has not notified the
licensee that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section or State,
local, or Tribal law--
``(I) not fewer than 10 business days (meaning a
day on which State offices are open) has elapsed since
the licensee contacted the system, and the system has
not notified the licensee that the receipt of a firearm
by such other person would violate subsection (g) or
(n) of this section or State, local, or Tribal law, and
the other person has submitted, electronically through
a website established by the Attorney General or by
first-class mail, a petition for review which--
``(aa) certifies that such other person has
no reason to believe that such other person is
prohibited by Federal, State, local, or Tribal
law from purchasing or possessing a firearm;
and
``(bb) requests that the system respond to
the contact referred to in subparagraph (A)
within 10 business days after the date the
petition was submitted (or, if the petition is
submitted by first-class mail, the date the
letter containing the petition is postmarked);
and
``(II) 10 business days have elapsed since the
other person so submitted the petition, and the system
has not notified the licensee that the receipt of a
firearm by such other person would violate subsection
(g) or (n) of this section or State, local, or Tribal
law;''; and
(B) in subparagraph (C)--
(i) by adding ``or'' at the end of clause
(i); and
(ii) by striking clause (ii) and all that
follows through the 2nd comma in clause (iii)
and inserting the following:
``(ii) the transfer could be completed
lawfully pursuant to subparagraph (B)(ii) if
the person had attained 21 years of age''; and
(2) by adding at the end the following:
``(7) The Attorney General shall--
``(A) prescribe the form on which a petition shall be
submitted pursuant to paragraph (1)(B)(ii);
``(B) make the form available electronically, and provide a
copy of the form to all licensees referred to in paragraph (1);
``(C) provide the petitioner and the licensee involved
written notice of receipt of the petition, either
electronically or by first-class mail; and
``(D) respond on an expedited basis to any such petition
received by the Attorney General.
``(8)(A) If, after 3 business days have elapsed since the licensee
initially contacted the system about a firearm transaction, the system
notifies the licensee that the transfer to, or receipt of, a firearm by
such other person would not violate subsection (d), (g), or (n) (as
applicable), or State, local, or Tribal law, the licensee may continue
to rely on that notification for the longer of--
``(i) an additional 25 calendar days after the licensee
receives the notification; or
``(ii) 30 calendar days after the date of the initial
contact.
``(B) If such other person has met the requirements of paragraph
(1)(B)(ii) or (1)(C) (as applicable) before the system destroys the
records related to the firearm transaction, the licensee may continue
to rely on such other person having met the requirements for an
additional 25 calendar days after the date such other person first met
the requirements.''.
SEC. 3. CONFORMING AMENDMENT.
Section 103(l)(3) of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901) is amended by striking ``, but in no case more than 10
business days,''.
SEC. 4. GAO REPORTS.
Within 90 days after the end of each of the 1-year, 3-year, and 5-
year periods that begin with the effective date of this Act, the
Comptroller General of the United States shall prepare and submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a written report analyzing the
extent to which, during the respective period, paragraphs (1)(B)(ii)
and (7) of section 922(t) of title 18, United States Code, have
prevented firearms from being transferred to prohibited persons, which
report shall include but not be limited to the following--
(1) an assessment of the overall implementation of such
subsections, including a description of the challenges faced in
implementing such paragraphs;
(2) an aggregate description of firearm purchase delays and
denials, with a description of denials, disaggregated by State
and by the basis for the denial; and
(3) an aggregate analysis of the petitions submitted
pursuant to such paragraph (1)(B)(ii).
SEC. 5. REPORTS ON PETITIONS SUPPORTING FIREARMS TRANSFERS NOT
IMMEDIATELY APPROVED BY NICS SYSTEM, THAT WERE NOT
RESPONDED TO IN A TIMELY MANNER.
The Director of the Federal Bureau of Investigation shall make an
annual report to the public on the number of petitions received by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act that were
submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of
title 18, United States Code, with respect to which a determination was
not made within the 10-day period referred to in subclause (II) of such
section 922(t)(1)(B)(ii). The report shall include the following, which
shall be disaggregated by State:
(1) The number of petitions submitted under such section
that were received by the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act.
(2) The number of petitioners who were discovered to be
ineligible under Federal, State, local, or Tribal law during
that 10-day period.
(3) The number of petitioners who were discovered to be
ineligible under Federal, State, local, or Tribal law after
that 10-day period.
(4) The basis of the ineligibility of the petitioners
discovered to be ineligible under Federal, State, local, or
Tribal law during that 10-day period, and the basis of the
ineligibility of the petitioners discovered to be ineligible
under Federal, State, local, or Tribal law after that 10-day
period.
(5) The number of the petitioners whose petitions were
denied and who, within 12 months after the denial, were
prosecuted under Federal, State, or local law for receiving or
attempting to receive a firearm.
SEC. 6. REPORT TO THE CONGRESS.
Within 150 days after the date of the enactment of this Act, the
Attorney General, in consultation with the National Resource Center on
Domestic Violence and Firearms, shall submit to the Congress a report
analyzing the effect, if any, of this Act on the safety of victims of
domestic violence, domestic abuse, dating partner violence, sexual
assault, and stalking, disaggregated by State, and whether any further
amendments to the background check process, including amendments to the
conditions that must be met under this Act for a firearm to be
transferred when the system has not notified the licensee that such
transfer would not violate subsection (d), (g), or (n) of section 922
of title 18, United States Code (as applicable), or State, local, or
Tribal law, would likely result in a reduction in the risk of death or
great bodily harm to victims of domestic violence, domestic abuse,
dating partner violence, sexual assault, and stalking.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 210
days after the date of the enactment of this Act.
SEC. 8. REPORT ON FIREARM TRANSFERS DENIED AS A RESULT OF A NICS CHECK.
Within 90 days after the date of the enactment of this Act, the
Inspector General, Department of Justice, shall prepare and submit to
the Congress a written report on the number of firearm transactions
with respect to which the national instant criminal background check
system established under the Brady Handgun Violence Prevention Act has
determined that receipt of a firearm by the prospective firearm
transferee would violate Federal, State, local, or Tribal law, and
which have been referred to the Bureau of Alcohol, Tobacco, Firearms
and Explosives for investigation.
<all>
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118HR2404 | Women’s Rights and Protection Act of 2023 | [
[
"S001222",
"Rep. Santos, George [R-NY-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2404 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2404
To prohibit the availability of funds to provide assistance to foreign
countries that criminalize or discriminate based on gender, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To prohibit the availability of funds to provide assistance to foreign
countries that criminalize or discriminate based on gender, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Rights and Protection Act of
2023''.
SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR FOREIGN COUNTRIES THAT
CRIMINALIZE OR DISCRIMINATE BASED ON GENDER.
(a) Prohibition.--Except as provided in subsection (b), no Federal
funds may be obligated or expended to provide assistance, directly or
indirectly, to a country described in subsection (c).
(b) Exception.--
(1) In general.--The President may authorize an obligation
or expenditure of Federal funds to assist a country described
in subsection (c) only if the President determines, on a case-
by-case basis, that such proposed obligation or expenditure is
vital to the national security interests of the United States.
(2) Briefing.--Upon making a determination under paragraph
(1), the President, acting through the Secretary of State,
shall provide to the appropriate congressional committees and
congressional leadership a briefing on such determination.
(c) Countries Described.--A country described in this subsection is
a foreign country the government of which the President determines has
enacted or established and is implementing any provision of law, or
provision which has the force and effect of law, that criminalizes or
discriminates on the basis of gender, including through such provisions
that, on the basis of gender--
(1) limit or prohibit women from--
(A) enrolling in or attending any educational
institution, school, or other program of instruction,
or otherwise seeking or receiving education activities;
(B) operating a vehicle;
(C) freely exercising any religion; or
(D) walking or otherwise traveling without a male
escort; or
(2) authorize (including as a form of punishment) female
genital mutilation, sexual abuse, beheading, or any other
practice that targets the lives of women.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(B) The Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) Congressional leadership.--The term ``congressional
leadership'' means the following:
(A) The Speaker of the House of Representatives.
(B) The minority leader of the House of
Representatives.
(C) The majority leader of the Senate.
(D) The minority leader of the Senate.
(e) Effective Date.--This Act shall take effect on the date that is
180 days after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR2405 | North Dakota Trust Lands Completion Act of 2023 | [
[
"A000377",
"Rep. Armstrong, Kelly [R-ND-At Large]",
"sponsor"
]
] | <p><strong>North Dakota Trust Lands Completion Act</strong> <strong>of 2023</strong></p> <p>This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value.</p> <p>Specifically, subject to valid existing rights, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state.</p> <p>No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state.</p> <p>As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2405 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2405
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Armstrong introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Dakota Trust Lands Completion
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1889, Congress enacted the North Dakota Enabling Act
``to provide for the division of Dakota into two States and to
enable the people of North Dakota, South Dakota, Montana, and
Washington to form constitutions and State governments and to
be admitted into the Union on an equal footing with the
original States, and to make donations of public lands to such
States'';
(2) section 10 of the North Dakota Enabling Act (25 Stat.
679, chapter 180)--
(A) with certain exceptions, granted sections 16
and 36 in every township to the new States of North
Dakota, South Dakota, Montana, and Washington ``for the
support of common schools''; and
(B) in cases where portions of sections 16 and 36
had been reserved, granted, or sold prior to those
States attaining statehood, authorized indemnity or
``in lieu'' selections;
(3) the State of North Dakota was granted land and minerals
totaling more than 2,500,000 acres under the North Dakota
Enabling Act;
(4) the North Dakota Enabling Act provided further land
grants to the State of North Dakota for the support of
colleges, universities, the State capitol, and other public
institutions;
(5) prior to the enactment of the North Dakota Enabling
Act, the United States, through treaties and Executive orders,
including the Treaty between the United States of America and
the Mandan, Hidatsa, Arikara, and other Tribal Nations, made
and concluded at Fort Laramie September 17, 1851 (11 Stat.
749), the Treaty between the United States of America and the
Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made
and concluded at Washington February 19, 1867 (15 Stat. 505),
the Treaty between the United States of America and different
Tribes of Sioux Indians, made and concluded at Fort Laramie
April 29, 1868 (15 Stat. 635), and the Executive order of April
12, 1870, established several reservations of land for multiple
Indian Tribes located in the State of North Dakota;
(6) authorizing the State to relinquish the State land
grant parcels located within the reservations and to select
other Federal land or minerals in lieu of the relinquished
State land grant parcels will--
(A) fulfill the promise of land and minerals to the
State; and
(B) provide to Indian Tribes greater Tribal
sovereignty and control of land and minerals within the
reservations; and
(7) Congress should authorize the State--
(A) to relinquish the land and minerals located
within the reservations; and
(B) to select in lieu of the relinquished land
other Federal land or minerals in the State of North
Dakota of equal value.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means public
land and minerals located within the State of North Dakota,
including public land that is mineral in character.
(2) North dakota enabling act.--The term ``North Dakota
Enabling Act'' means the Act of February 22, 1889 (25 Stat.
676, chapter 180).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Reservation.--The term ``reservation'' means any Indian
reservation located wholly or partially within the State of
North Dakota and recognized under United States treaty,
Executive order, or Act of Congress.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Board of University and
School Lands and its agent, the Department of Trust Lands.
(7) State land grant parcel.--The term ``State land grant
parcel'' means--
(A) a parcel of land granted to the State of North
Dakota by Congress--
(i) on statehood; or
(ii) through a grant pursuant to the North
Dakota Enabling Act;
(B) a section of land numbered 16 or 36 granted to
the State of North Dakota by Congress for school
purposes;
(C) a parcel of land selected by the State of North
Dakota as indemnity for any section of land numbered 16
or 36; and
(D) a parcel of land other than a parcel of land
described in subparagraph (A), (B), or (C) obtained by
the State after statehood.
(8) Unappropriated federal land.--
(A) In general.--The term ``unappropriated Federal
land'' means Federal land under the management and
control of the Bureau of Land Management and located
within the State of North Dakota.
(B) Exclusions.--The term ``unappropriated Federal
land'' does not include--
(i) surface interests acquired by the
Bureau of Land Management;
(ii) any area of critical environmental
concern established pursuant to section
202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3));
or
(iii) land that is--
(I) withdrawn from public entry;
(II) located within a unit of the
National Park System;
(III) located within any
reservation;
(IV) located within--
(aa) T. 147 N., R. 95 W.;
(bb) T. 148 N., R. 95 W.;
(cc) T. 148 N., R. 96 W.;
or
(dd) T. 149 N., R. 95 W.;
(V) located within a United States
military reservation; or
(VI) designated by Congress or the
President for conservation purposes.
SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE.
(a) Relinquishment and Selection.--
(1) In general.--Subject to valid existing rights, if the
State elects to relinquish all right, title, and interest of
the State in and to a State land grant parcel located wholly or
partially within the boundaries of any reservation, the
Secretary shall authorize the State to select in accordance
with this Act 1 or more parcels of unappropriated Federal land
of substantially equivalent value within the State of North
Dakota.
(2) Approval.--Not later than 90 days after the date on
which the State makes a selection under paragraph (1), the
Secretary shall approve or reject, in whole or in part, the
selection.
(b) Conveyance.--
(1) Conveyance by secretary.--
(A) In general.--Not later than 60 days after the
date on which the Secretary approves a State selection
of unappropriated Federal land under subsection (a)(2),
the Secretary shall initiate the actions necessary to
convey to the State the unappropriated Federal land.
(B) Requirements.--Conveyance of Federal land by
the Secretary under this Act--
(i) shall be by clear list, patent, or deed
acceptable to the State; and
(ii) shall not be considered a sale,
exchange, or conveyance under section 203, 205,
206, or 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1715,
1716, 1719).
(2) Relinquishment and conveyance by state.--
(A) In general.--As consideration for the
conveyance of Federal land under paragraph (1), on the
date on which the Federal land is conveyed to the
State, the State shall concurrently relinquish and
convey to the Secretary all right, title, and interest
of the State in and to the State land grant parcel
identified for relinquishment under subsection (a)(1).
(B) Title.--The State shall convey to the Secretary
title, free of any financial claims, liabilities, or
other financial encumbrances, to all parcels
relinquished under subparagraph (A).
(C) Limitation.--Relinquishment and conveyance by
the State of a State land grant parcel under this Act
shall not be considered an exchange or acquisition for
purposes of section 205 or 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1715,
1716).
(c) Succession to Rights and Obligations.--Each party to which land
is conveyed under this Act shall, to the fullest extent allowable under
Federal and State law, succeed to the rights and obligations of the
conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the land is subject.
(d) Management After Relinquishment.--
(1) Reservation.--If a State land grant parcel relinquished
by the State and conveyed to the Secretary under this Act is
located wholly or partially within the boundaries of any
reservation, on request of the applicable Indian Tribe, the
portion of the State land grant parcel located within the
boundaries of the reservation shall be--
(A) taken into trust by the Secretary on behalf of,
and for the benefit of, the Indian Tribe on the date of
the conveyance; and
(B) considered to be a part of the reservation of
the Indian Tribe.
(2) Consultation required.--Prior to the conveyance of a
State land grant parcel located wholly or partially within the
boundaries of any reservation, the State and the Secretary
shall consult with the Indian Tribe the land of which is
subject to conveyance in accordance with Executive Order 13175
(25 U.S.C. 5301 note; relating to consultation and coordination
with Indian tribal governments).
(e) Special Rules for Mineral Land.--
(1) Definition of unappropriated federal land subject to a
lease or permit.--In this subsection, the term ``unappropriated
Federal land subject to a lease or permit'' means
unappropriated Federal land subject to a mineral lease or
permit that is--
(A) issued under the Mineral Leasing Act (30 U.S.C.
181 et seq.); and
(B) in a producing or producible status during the
10-year period following the date of enactment of this
Act.
(2) Selection of mineral land.--The State may select, and
the Secretary may convey, unappropriated Federal land that is
mineral in character under subsection (b) on the condition
that, except as provided in paragraph (3)(A), if the selected
land is unappropriated Federal land subject to a lease or
permit--
(A) the Secretary shall reserve an overriding
interest in the portion of the mineral estate that is
comprised of minerals subject to leasing under the
Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(B) such a selection shall not include any portion
of the mineral lease or permit.
(3) Conveyance of mineral estate.--
(A) In general.--If the State selects
unappropriated Federal land subject to a lease or
permit under paragraph (2), on the option of the
State--
(i) the Secretary may convey with the
surface interest in the land the interest in
the mineral estate that is comprised of
minerals subject to leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.); and
(ii) all Federal mining claims over the
land shall be converted to State leases in
accordance with this paragraph.
(B) Mining claims.--To facilitate the conversion of
Federal mining claims to State leases under
subparagraph (A), a Federal mining claimant may file
with the Secretary a voluntary relinquishment of the
Federal mining claim conditioned on--
(i) conveyance of the land to the State;
and
(ii) the conversion of the Federal mining
claim to a State lease.
(C) Obligations under federal law.--Until the date
on which the land is conveyed to the State under
subparagraph (A), a Federal mining claimant shall be
subject to any obligations relating to the land under
Federal law.
(D) No relinquishment.--If the land previously
encumbered by the relinquished Federal mining claim is
not conveyed to the State under subparagraph (A), the
relinquishment of land under subparagraph (B) shall
have no effect.
(E) Rights-of-way; other interest.--On conveyance
to the State of land encumbered by a relinquished
Federal mining claim under this paragraph, the State
shall assume authority over any leases, licenses,
permits, rights-of-way, operating plans, other land use
authorizations, or reclamation obligations applicable
to the relinquished Federal mining claim on the date of
conveyance.
(F) Valuation.--If a Federal mining claimant does
not voluntarily relinquish under subparagraph (B) a
Federal mining claim on land conveyed to the State, the
Secretary shall take into account the encumbrance
represented by the claim in determining the value of
the land under section 5(b).
(f) Withdrawal.--
(1) In general.--Subject to valid rights in existence on
the date of enactment of this Act, all Federal land selected by
the State for conveyance under this Act, effective beginning on
the date on which the State makes the selection and ending on
the date described in paragraph (2), is withdrawn from all
forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(2) Date described.--The date referred to in paragraph (1)
is the date on which, as applicable--
(A) the Federal land is conveyed by the Secretary
to the State;
(B) the Secretary rejects the selection under
subsection (a)(2); or
(C) the State withdraws the selection.
SEC. 5. VALUATION.
(a) Equal Value.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of Federal land
selected in accordance with this Act--
(1) the overall value of the State land grant parcel and
the overall value of the parcel of Federal land shall be
substantially equal; or
(2) subject to subsection (c), if the overall value of the
parcels is not equal, the party conveying the parcel of lesser
value shall--
(A) equalize the value by the payment of funds to
the other party; or
(B) enter the imbalance in value on a ledger
account in accordance with subsection (e).
(b) Appraisal Required.--Except as provided in subsection (d), the
Secretary shall determine the value of a State land grant parcel and a
parcel of Federal land to be conveyed under this Act through an
appraisal completed in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; or
(2) subject to subsection (d)(1), the Uniform Standards for
Professional Appraisal Practice.
(c) Equalization.--With respect to a conveyance to the Secretary of
a State land grant parcel of lesser value than the parcel of Federal
land to be conveyed to the State under this Act, the total value of the
equalization payment described in subsection (a)(2)(A) or the ledger
entry described in subsection (e), as applicable, may not exceed 25
percent of the total value of the parcel of Federal land.
(d) Low Value Parcels.--
(1) In general.--The Secretary, with the consent of the
State, may use mass appraisals, a summary appraisal, or a
statement of value made by a qualified appraiser carried out in
accordance with the Uniform Standards for Professional
Appraisal Practice to determine the value of a State land grant
parcel or a parcel of Federal land to be conveyed under this
Act instead of an appraisal that complies with the Uniform
Appraisal Standards for Federal Land Acquisitions if the State
and the Secretary agree that market value of the State land
grant parcel or parcel of Federal land, as applicable, is--
(A) less than $500,000; and
(B) less than $500 per acre.
(2) Division.--A State land grant parcel or a parcel of
Federal land may not be artificially divided in order to
qualify for a summary appraisal, mass appraisal, or statement
of value under paragraph (1).
(e) Ledger Accounts.--
(1) In general.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of
Federal land, if the overall value of the parcels is not equal,
the Secretary and the State may agree to use a ledger account
to make equal the value.
(2) Imbalances.--A ledger account described in paragraph
(1) shall reflect imbalances in value to be reconciled in a
subsequent transaction.
(3) Account balancing.--Each ledger account described in
paragraph (1) shall be--
(A) balanced not later than 3 years after the date
on which the ledger account is established; and
(B) closed not later than 5 years after the date of
the last conveyance of land under this Act.
(4) Costs.--
(A) In general.--The Secretary or the State may
assume costs or other responsibilities or requirements
for conveying land under this Act that ordinarily are
borne by the other party.
(B) Adjustment.--If the Secretary or the State
assume costs or other responsibilities under
subparagraph (A), the Secretary or the State shall make
adjustments to the value of the Federal land conveyed
to the State to compensate the Secretary or the State,
as applicable, for assuming the costs or other
responsibilities.
(5) Mineral land.--If value is attributed to any parcel of
Federal land that has been selected by the State because of the
presence of minerals under a lease entered into under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a
producing or producible status, and the lease is to be conveyed
under this Act, the value of the parcel shall be reduced by the
amount that represents the likely Federal revenue sharing
obligation under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) with the State, but the adjustment shall not be
considered as reflecting a property right of the State.
SEC. 6. MISCELLANEOUS.
(a) In General.--Land or minerals conveyed under this Act shall be
subject to all applicable Federal, State, and Tribal law.
(b) Protection of Indian Rights.--
(1) Treaty rights.--Nothing in this Act modifies, limits,
expands, or otherwise affects any treaty-reserved right or
other right of any Indian Tribe recognized by any other means,
including treaties or agreements with the United States,
Executive orders, statutes, regulations, or case law.
(2) Land or minerals held in trust.--Nothing in this Act
affects--
(A) land or minerals held in trust by the United
States as of the date of enactment of this Act on
behalf of, and for the benefit of, any Indian Tribe; or
(B) any individual Indian allotment.
(c) Hazardous Materials.--
(1) In general.--The Secretary and the State shall make
available for review and inspection any record relating to
hazardous materials on land to be conveyed under this Act.
(2) Certification.--
(A) In general.--Prior to completing a conveyance
of Federal land under this Act, the Secretary shall
complete an inspection and a hazardous materials
certification of the land to be conveyed.
(B) State land grant parcels.--Prior to completing
a conveyance of a State land grant parcel under this
Act, the State shall complete an inspection and a
hazardous materials certification of the land to be
conveyed.
(d) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of the conveyance, the
Secretary or the State, as applicable, shall allow the grazing
to continue for the remainder of the term of the lease, permit,
or contract, subject to the related terms and conditions of the
user agreements, including permitted stocking rates, grazing
fee levels, access, and ownership and use of range
improvements.
(2) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the land subject
to the permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes.
(B) Base properties.--If land conveyed by the State
under this Act is used by a grazing permittee or lessee
to meet the base property requirements for a Federal
grazing permit or lease, the land shall continue to
qualify as a base property for the remaining term of
the lease or permit and the term of any renewal or
extension of the lease or permit.
(C) Range improvements.--Nothing in this Act
prohibits a holder of a grazing lease, permit, or
contract from being compensated for range improvements
pursuant to the terms of the lease, permit, or contract
under existing Federal or State laws.
SEC. 7. SAVINGS CLAUSE.
Nothing in this Act applies to or impacts the ownership of any land
or mineral resources.
<all>
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118HR2406 | ALIGN Act | [
[
"A000375",
"Rep. Arrington, Jodey C. [R-TX-19]",
"sponsor"
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[
"B001260",
"Rep. Buchanan, Vern [R-FL-16]",
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[
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... | <p><b>Accelerate Long-term Investment Growth Now Act or the ALIGN Act</b></p> <p>This bill makes permanent the expensing of certain new business equipment. <em>Expensing</em> allows the deduction of the full amount of an expense item in the same taxable year. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2406 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2406
To amend the Internal Revenue Code of 1986 to permanently allow a tax
deduction at the time an investment in qualified property is made, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Arrington (for himself, Mr. Buchanan, Mrs. Miller of West Virginia,
Mr. Fitzpatrick, Ms. Tenney, Mr. Smith of Nebraska, Mr. Ferguson, Mrs.
Steel, Mr. Estes, Mr. Kustoff, Mr. Moore of Utah, Mr. Hern, Mr.
Feenstra, and Mr. LaHood) introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to permanently allow a tax
deduction at the time an investment in qualified property is made, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerate Long-term Investment
Growth Now Act'' or the ``ALIGN Act''.
SEC. 2. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.
(a) In General.--Paragraph (6) of section 168(k) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, in the case
of property placed in service (or, in the case of a specified
plant described in paragraph (5), a plant which is planted or
grafted) after September 27, 2017, 100 percent.''.
(b) Conforming Amendments.--
(1) Section 168(k) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)(V), by inserting
``and'' at the end;
(II) in clause (ii), by striking
``clause (ii) of subparagraph (E),
and'' and inserting ``clause (i) of
subparagraph (E).''; and
(III) by striking clause (iii);
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking subclauses
(II) and (III); and
(bb) by redesignating
subclauses (IV) through (VI) as
subclauses (II) through (IV),
respectively;
(II) by striking clause (ii); and
(III) by redesignating clauses
(iii) and (iv) as clauses (ii) and
(iii), respectively;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and subclauses (II) and (III) of
subparagraph (B)(i)''; and
(II) in clause (ii), by striking
``subparagraph (B)(iii)'' and inserting
``subparagraph (B)(ii)''; and
(iv) in subparagraph (E)--
(I) by striking clause (i); and
(II) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively; and
(B) in paragraph (5)(A), by striking ``planted
before January 1, 2027, or is grafted before such date
to a plant that has already been planted,'' and
inserting ``planted or grafted''.
(2) Section 460(c)(6)(B) of such Code is amended by
striking ``which'' and all that follows through the period and
inserting ``which has a recovery period of 7 years or less.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 13201 of Public Law 115-97.
<all>
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118HR2407 | Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act | [
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"Rep. Arrington, Jodey C. [R-TX-19]",
"sponsor"
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[
"F... | <p><b>Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act</b></p> <p>This bill provides for Medicare coverage and payment for multi-cancer early detection screening tests that are approved by the Food and Drug Administration and that are used to screen for cancer across many cancer types.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2407 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2407
To amend title XVIII of the Social Security Act to provide for Medicare
coverage of multi-cancer early detection screening tests.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Arrington (for himself, Ms. Sewell, Mr. Hudson, and Mr. Ruiz)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, 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 amend title XVIII of the Social Security Act to provide for Medicare
coverage of multi-cancer early detection screening tests.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nancy Gardner Sewell Medicare Multi-
Cancer Early Detection Screening Coverage Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Detecting cancer early, before it has spread throughout
the body, saves lives. Cancers detected when still localized
can be treated more effectively and have a 4 times greater
survival rate compared to cancers found after metastasis has
occurred. Existing Medicare-covered early detection tests, such
as mammograms and colonoscopies, have led to a substantial
reduction in age-adjusted mortality.
(2) Diagnosing and treating cancer earlier often results in
less invasive treatments for patients, which are also less
expensive. According to peer reviewed literature, treatment of
early stage cancer is half the cost of metastatic cancer.
(3) Driving national strategies to broadly detect cancer
earlier will help reduce pervasive health disparities since
racial, ethnic, and geographic groups experience later stages
of diagnosis, along with higher cancer incidence and mortality.
(4) The benefits of early cancer detection to Medicare
beneficiaries have been limited to five cancers. According to
the National Cancer Institute's Surveillance, Epidemiology, and
End Results program, 71 percent of the 600,000 cancer deaths
each year are from types of cancer without a Medicare-covered
early detection test.
(5) Age is the leading risk factor for cancer, placing
Medicare beneficiaries at elevated risk. About 1,000,000
Medicare beneficiaries will be diagnosed with cancer this year,
as the median age for cancer diagnosis is 66 years of age.
(6) Several innovative private and academic efforts are
engaged in research, including advanced clinical trials to
develop multi-cancer early detection blood-based tests.
Published data indicate that these tests can screen for many
cancers at the same time, including rare cancers, with one
example currently able to screen for more than 50 cancers.
(7) Multi-cancer early detection tests can complement the
covered early detection tests enacted by Congress and extend
the benefits of early detection to more cancers and more
Americans. Medicare coverage of comprehensive multi-cancer
early detection screening tests could substantially transform
cancer care for Americans, and the Medicare law needs
modernizing to provide timely coverage and keep pace with
medical innovation.
(b) Purpose.--The purpose of this Act is to create a covered
benefit for multi-cancer early detection screening tests to ensure
Medicare beneficiary access to these tests without unnecessary delay
once approved under the Federal Food, Drug, and Cosmetic Act.
SEC. 3. MEDICARE COVERAGE OF MULTI-CANCER EARLY DETECTION SCREENING
TESTS.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking the semicolon at the end of
subparagraph (JJ) and inserting ``; and''; and
(B) by adding at the end the following new
subparagraph:
``(KK) multi-cancer early detection screening tests
(as defined in subsection (nnn));''; and
(2) by adding at the end the following new subsection:
``(nnn) Multi-Cancer Early Detection Screening Tests.--The term
`multi-cancer early detection screening test' means any of the
following tests, approved or cleared by the Food and Drug
Administration, insofar as the Secretary determines coverage of such
tests is appropriate, furnished to an individual for the purpose of
earlier detection of cancer across many cancer types (such as described
in the National Cancer Institute's Annual Report to the Nation on the
Status of Cancer):
``(2) A genomic sequencing blood or blood product test that
includes the analysis of cell-free nucleic acids.
``(3) Such other equivalent tests (which are based on
blood, blood products, urine or other sample of biological
material) as the Secretary determines appropriate in providing
results comparable to those obtained with a test described in
paragraph (1).''.
(b) Payment and Frequency Limit.--
(1) Payment under fee schedule.--Section 1833(h) of the
Social Security Act (42 U.S.C. 1395l(h)) is amended--
(A) in paragraph (1)(A), by inserting after
``(including'' the following: ``multi-cancer early
detection screening tests under section 1861(nnn), and
including''; and
(B) by adding at the end the following new
paragraph:
``(10) No payment may be made under this part for a multi-
cancer early detection screening test (as defined in section
1861(nnn)) for an individual if such a test was furnished to
the individual during the previous 11 months.''.
(2) Conforming amendment.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (O), by striking
``and'' at the end;
(ii) in subparagraph (P), by striking the
semicolon at the end and inserting ``, and'';
and
(iii) by adding at the end the following
new subparagraph:
``(Q) in the case of multi-cancer early detection
screening tests (as defined in section 1861(lll)),
which are performed more frequently than is covered
under section 1833(h)(10);''; and
(B) in paragraph (7), by striking ``or (P)'' and
inserting ``(P), or (Q)''.
(c) Rule of Construction Relating to Other Cancer Screening
Tests.--Nothing in this section, including the amendments made by this
section, shall be construed--
(1) in the case of an individual who undergoes a multi-
cancer early detection screening test, to affect coverage under
part B of title XVIII of the Social Security Act for other
cancer screening tests covered under such title, such as
screening tests for breast, cervical, colorectal, lung, or
prostate cancer; or
(2) in the case of an individual who undergoes another
cancer screening test, to affect coverage under such part for a
multi-cancer early detection screening test or the use of such
a test as a diagnostic or confirmatory test for a result of the
other cancer screening test.
<all>
</pre></body></html>
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118HR2408 | Access to Innovative Treatments Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2408 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2408
To amend title XVIII of the Social Security Act to provide a review
process for adverse national coverage determinations with respect to
drug coverage under the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Barragan (for herself and Mr. Joyce of Pennsylvania) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to provide a review
process for adverse national coverage determinations with respect to
drug coverage under the Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Innovative Treatments Act
of 2023''.
SEC. 2. PROVIDING A REVIEW PROCESS FOR ADVERSE NATIONAL COVERAGE
DETERMINATIONS WITH RESPECT TO DRUG COVERAGE UNDER THE
MEDICARE PROGRAM.
(a) In General.--Section 1862(l) of the Social Security Act (42
U.S.C. 1395y(l)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) Review of national coverage determinations for drugs
and biologicals.--
``(A) In general.--Subject to subparagraph (D), not
later than 30 days after receiving a request for a
review of a specified national coverage determination
(as defined in subparagraph (E)), the Secretary shall
initiate such a review in accordance with the
provisions of this paragraph.
``(B) Public comment period.--Beginning on the date
of the initiation of a review of a specified national
coverage determination under subparagraph (A), the
Secretary shall provide for a 30-day public comment
period as to whether such determination should be
affirmed, reversed, or otherwise modified.
``(C) Final decision.--Not later than 30 days after
the conclusion of the 30-day period described in
subparagraph (B) with respect to a specified national
coverage determination, the Secretary shall--
``(i) make a final decision as to whether
such determination should be affirmed,
reversed, or otherwise modified;
``(ii) include in such final decision
summaries of the public comments received and
responses to such comments;
``(iii) make available to the public the
clinical evidence and other data used in making
such decision when such decision differs from
the recommendations of the Medicare Coverage
Advisory Committee; and
``(iv) in the case of a final decision
under clause (i) to reverse or modify such
determination, the Secretary shall assign a
temporary or permanent code (whether existing
or unclassified) and implement the coding
change as applicable.
``(D) Limitation on successive reviews.--
Subparagraph (A) shall not apply with respect to a
request for a review of a specified national coverage
determination if the Secretary has made a final
decision with respect to a previous review of such
determination under this paragraph during the 2-year
period ending on the date of the receipt of such
request. Nothing in the preceding sentence shall be
construed to limit the authority of the Secretary to
review or reconsider a national coverage determination
if determined appropriate by the Secretary.
``(E) Specified national coverage determination
defined.--In this paragraph, the term `specified
national coverage determination' means a national
coverage determination made with respect to a drug or
biological approved under section 505(c) of the Federal
Food, Drug, and Cosmetic Act or licensed under section
351 of the Public Health Service Act under which
coverage of such drug or biological under this title
was denied or otherwise limited in a manner
inconsistent with such approval or licensure.
``(6) Prohibition on application of certain existing
national coverage determinations to newly approved drugs and
biologicals.--The Secretary may not, with respect to a drug
approved under section 505(c) of the Federal Food, Drug, and
Cosmetic Act or a biological licensed under section 351 of the
Public Health Service Act, apply a national coverage
determination that was made prior to the date of such approval
or licensure (as applicable) to the extent that such
application would result in a denial or other limit of coverage
under this title for such drug or biological in a manner
inconsistent with such approval or licensure.''.
(b) Nonreliance on Certain NCDs Under Part D.--Section 1860D-
2(e)(3) of the Social Security Act (42 U.S.C. 1395w-102(e)(3)) is
amended by adding at the end the following new sentence: ``In
determining whether payment would not be made with respect to a covered
part D drug if section 1862(a) applied to this part, a prescription
drug plan or MA-PD plan may not base such determination on a national
coverage determination made with respect to such drug if such
determination is a specified national coverage determination (as
defined in section 1862(l)(5)).''.
<all>
</pre></body></html>
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118HR2409 | EXCEL Act | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2409
To improve hiring authorities available to the Secretary of State with
respect to expertise on the People's Republic of China, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Bera (for himself and Mr. Barr) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To improve hiring authorities available to the Secretary of State with
respect to expertise on the People's Republic of China, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand eXpertise in China Education
and Language Act'' or the ``EXCEL Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) strategic competition with the Government of the
People's Republic of China (PRC) and the Chinese Communist
Party (CCP) is the most significant geostrategic challenge the
United States faces in the 21st century;
(2) the United States Government needs to further invest in
relevant linguistic, cultural, and regional expertise to
effectively engage in strategic competition with the PRC; and
(3) existing hiring authorities across the executive branch
are not being adequately utilized to bring in necessary
expertise to win the strategic competition against the PRC, and
agencies may benefit from additional flexibility to recruit,
hire, and retain talent.
SEC. 3. HIRING ADDITIONAL EXPERTISE AT THE DEPARTMENT OF STATE.
(a) Direct Hire Authority.--
(1) In general.--Beginning not later than 2 years after the
date of enactment of this Act, the Secretary of State shall
appoint directly to positions in the competitive service, as
defined in section 2102 of title 5, United States Code, without
regard to the provisions of sections 3309 through 3318 of that
title, not fewer than 31 candidates with linguistic, cultural,
or regional expertise relevant to strengthening United States
understanding of and ability to compete with the PRC.
(2) Termination.--The authority provided under paragraph
(1) shall terminate on the date that is 10 years after the date
of enactment of this Act.
(b) Long-Term and Short-Term Contracts.--
(1) Training.--The Secretary of State shall train Foreign
Service and civil service employees who hold positions relevant
to advancing United States policies toward competition with the
PRC in the topics described in paragraph (2).
(2) Topics covered.--The training referred to in paragraph
(1) shall cover the following:
(A) The domestic and foreign policy objectives of
the PRC and the CCP, as demonstrated through publicly
available speeches and PRC and CCP documents.
(B) The tools the PRC and the CCP use to achieve
those objectives.
(C) The role of ideology in shaping CCP policies
and outlook.
(D) Other topics deemed relevant by the China
Strategic Advisory Board, established by section 4(a).
(3) Contracts and grants for training.--In providing the
training referred to in paragraph (1), the Secretary of State
may obtain assistance from knowledgeable persons by--
(A) entering into short-term and long-term
contracts for such assistance, including contracts for
the temporary or intermittent services of experts and
consultants under section 3109 of title 5, United
States Code;
(B) making grants to the persons providing such
assistance; and
(C) taking other appropriate measures, as the
Secretary of State deems necessary.
SEC. 4. PROVIDING ENDURING STRATEGIC ADVICE VIA THE CHINA STRATEGIC
ADVISORY BOARD.
(a) Establishment.--There is established an advisory board to be
known as the ``China Strategic Advisory Board'' (in this section
referred to as the ``Advisory Board'').
(b) Duties and Responsibilities.--The Advisory Board shall--
(1) provide advice and expertise to the Secretary of State,
and continuity, in United States foreign policy matters
pertaining to strategic competition with the PRC;
(2) review recruitment, training, and retention of Foreign
Service and civil service members with the expertise and
experience necessary to support United States policy toward the
PRC; and
(3) provide guidance on programs across regional and
functional bureaus intended to respond to strategic competition
with the PRC, including the Countering Chinese Influence Fund
established by section 7043(c)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94; 133 Stat. 2896).
(c) Membership.--
(1) In general.--The Advisory Board shall consist of at
least 18 and not more than 24 members, who each should have a
demonstrable record of substantial experience pertaining to
issues related to United States strategic competition with the
PRC. No sitting officer or employee of the United States
Government may be appointed to the Advisory Board.
(2) Appointments.--
(A) Appointments by the speaker of the house of
representatives and senate leader of same party.--The
Speaker of the House of Representatives and the leader
that is of the same party in the Senate (if any), in
consultation with the Chair and Ranking Member of the
Committee on Foreign Relations of the Senate, shall
jointly appoint 3 members.
(B) Appointments by minority leader of the house of
representatives and senate leader of same party.--The
leader of the minority party of the House of
Representatives and the leader of the same party in the
Senate (if any), in consultation with the Chair and
Ranking Member of the Committee on Foreign Affairs of
the House of Representatives, shall jointly appoint 3
members.
(C) Appointments by the president.--
(i) Number.--The President shall appoint 6
members.
(ii) Qualifications.--At least 2 of the
members appointed under clause (i) shall be
between 30 and 50 years of age (inclusive) at
the time of appointment.
(D) Appointments by secretary of state.--
(i) Number.--The Secretary of State shall
appoint at least 6 but not more than 12
members.
(ii) Qualifications.--The appointments made
under clause (i) shall meet the following
criteria:
(I) At least 1 member who is not
described in subclause (II) or (III)
shall be between 30 and 50 years of age
(inclusive) at the time of appointment.
(II) At least 1 member who is not
described in subclause (I) or (III)
shall be able to credibly represent the
views of the United States business
community.
(III) At least 1 member who is not
described in subclause (I) or (II)
shall have demonstrable experience as a
United States diplomat.
(3) Deadline for initial appointments.--Each appointing
authority referred to in paragraph (2) shall make all initial
appointments required by such paragraph not later than January
1, 2024.
(4) Vacancies.--Not later than 30 days after the date on
which a vacancy on the Advisory Board occurs, the vacancy shall
be filled in the same manner as specified for the original
appointment under paragraph (2), and the individual so
appointed shall serve the remainder of the unexpired term.
(5) Replacement appointments.--Not later than 30 days after
the date on which the term of a member of the Advisory Board
expires, the appointing authority that appointed such member
shall appoint the member's replacement.
(d) Terms.--
(1) In general.--Except as provided in paragraph (2), all
members appointed to the Advisory Board shall have a term of 6
years.
(2) Initial terms.--
(A) Appointments by the speaker of the house of
representatives and senate leader of same party.--Of
the initial members appointed under subsection
(c)(2)(A), 1 shall have a term of 2 years and 1 shall
have a term of 4 years, as designated by the Speaker
and leader referred to in such subsection at the time
of appointment.
(B) Appointments by minority leader of the house of
representatives and senate leader of same party.--Of
the initial members appointed under subsection
(c)(2)(B), 1 shall have a term of 2 years and 1 shall
have a term of 4 years, as designated by the leaders
referred to in such subsection at the time of
appointment.
(C) Appointments by the president.--Of the initial
members appointed under subsection (c)(2)(C), 2 shall
have a term of 2 years and 2 shall have a term of 4
years, as designated by the President at the time of
appointment.
(D) Appointments by secretary of state.--Of the
initial members appointed under subsection (c)(2)(D),
at least \1/3\ shall have a term of 2 years and at
least \1/3\ shall have a term of 4 years, as designated
by the Secretary of State at the time of appointment.
(3) Additional terms.--A member of the Advisory Board may
be reappointed to not more than 1 additional term but may not
be appointed to a different seat on the Board.
(e) Quorum.--A majority of the sitting members of the Advisory
Board shall constitute a quorum but a lesser number may hold hearings.
(f) Chairperson and Vice Chairperson.--The Advisory Board shall
elect, from among its members, a Chairperson and Vice Chairperson. The
terms of office of the Chairperson and Vice Chairperson shall be 1
year, and the Chairperson and Vice Chairperson may be reelected to
subsequent terms.
(g) Board Meetings.--
(1) Frequency.--The Advisory Board shall meet, at the call
of the Chairperson or a majority of its members, at least once
every 3 months and as frequently as may be necessary to carry
out its duties.
(2) Subcommittees.--The Advisory Board may be divided into
subcommittees that meet separately from the whole Board.
(h) Briefings With Officials.--Not less frequently than annually,
the Advisory Board shall collectively provide to the Secretary of State
and the Administrator of the United States Agency for International
Development a briefing on--
(1) the findings made by the Advisory Board in fulfilling
its duties and responsibilities under subsection (b); and
(2) any recommendations of the Advisory Board for future
legislative or administrative action.
(i) Congressional Briefings.--On a semiannual basis, the Advisory
Board shall provide to each of the appropriate congressional committees
a briefing on--
(1) the findings made by the Advisory Board in fulfilling
its duties and responsibilities under subsection (b); and
(2) any recommendations of the Advisory Board for future
legislative or administrative action.
(j) Security and Access to Information.--
(1) Security clearances.--The appropriate departments and
agencies of the executive branch shall cooperate with the
Advisory Board to expeditiously provide to the members of the
Advisory Board the appropriate security clearances necessary to
carry out the duties and responsibilities of the Advisory
Board, subject to the standard procedures and requirements for
granting such clearances.
(2) Need to know.--For purposes of any law or regulation
governing access to classified information, a member of the
Advisory Board seeking access to a record or material to
fulfill the duties and responsibilities of the Advisory Board
shall be deemed to have a need to know the contents of the
record or material.
(3) Access to information.--The Secretary of State shall
ensure that members of the Advisory Board have access to all
appropriate information to fulfill the duties and
responsibilities of the Advisory Board.
(k) Compensation.--Members of the Advisory Board shall--
(1) receive compensation at a rate not to exceed the daily
equivalent of the annual basic pay payable for positions at GS-
15 of the General Schedule under section 5332 of title 5,
United States Code, for each day such member is engaged in the
actual performance of services of the Advisory Board; and
(2) be allowed travel expenses, including per diem in lieu
of subsistence at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services of the Advisory Board.
(l) Staff.--The Chairperson may appoint and fix the pay of
personnel as the Chairperson considers appropriate.
(m) Termination.--Section 1013(a)(2) of title 5, United States
Code, (relating to the termination of advisory committees) shall not
apply to the Advisory Board.
(n) Review and Report by Comptroller General.--
(1) Review.--The Comptroller General of the United States
shall conduct a review that analyzes the progress of the
Advisory Board on fulfilling the duties and responsibilities
referred to in subsection (b).
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report detailing--
(A) the results of the review referred to in
paragraph (1); and
(B) any recommendations for legislative or
administrative action to improve the functioning of the
Advisory Board.
(o) Authorization of Appropriations.--There is authorized to be
appropriated $100,000 for fiscal year 2024 and each succeeding fiscal
year to carry out this section.
SEC. 5. IDENTIFYING LONG-TERM SOLUTIONS THROUGH THE GOVERNMENT
ACCOUNTABILITY OFFICE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the personnel capacity and capability of the
Department of State and the United States Agency for International
Development (in this section referred to as ``USAID'') to support
United States strategic competition with the PRC and on available
mechanisms to address any identified gaps.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report detailing the results of the study referred to in
subsection (a).
(2) Elements.--The report referred to in paragraph (1)
shall contain the following:
(A) The percentage of Foreign Service positions and
civil service positions in the Indo-Pacific region that
are vacant, as compared to the same vacancy rates for
such positions in all other regions globally.
(B) A qualitative assessment of the gaps in
understanding of the PRC among the Foreign Service,
civil service, and intelligence community (as that term
is defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) and how these perceived gaps
hamper their work, which the Comptroller General of the
United States shall compile after consulting with
directors and deputy directors within the Department of
State and USAID that the Comptroller General deems
appropriate for informing United States policies on
competition with the PRC.
(C) A recommendation of actions that Congress, the
Executive Office of the President, and the Department
of State can take to address the gaps referred to in
subparagraph (B), disaggregated by whether such actions
can be taken within a 1-, 5-, or 10-year period.
(3) Form.--The report referred to in paragraph (1) may be
submitted in classified or unclassified form and shall have an
unclassified summary.
(c) Congressional Briefings.--Not later than 180 days after the
date of enactment of this Act, and every 180 days thereafter until the
submission of the report required by subsection (b)(1), the Comptroller
General of the United States shall provide the appropriate
congressional committees an interim briefing on the progress of the
study referred to in subsection (a), including any preliminary
observations, interim findings, and barriers to completing the work.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) CCP.--The term ``CCP'' means the Chinese Communist
Party of the People's Republic of China.
(3) Civil service.--The term ``civil service'' has the
meaning given that term in section 2101 of title 5, United
States Code.
(4) Foreign service.--The term ``Foreign Service'' means
the Foreign Service of the United States.
(5) PRC.--The term ``PRC'' means the People's Republic of
China.
<all>
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118HR241 | ACCESS Act | [
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] | <p><b>ADA Compliance for Customer Entry to Stores and Services Act or the ACCESS Act</b></p> <p>This bill establishes certain procedural requirements in relation to complaints under the Americans with Disabilities Act of 1990 (ADA) regarding access to public accommodations (i.e., businesses and nonprofits that are open to the public, such as stores, restaurants, and hotels). It also requires educational outreach and studies by federal agencies to promote ADA compliance. </p> <p>Specifically, the bill establishes a notice and cure period before a claimant may file a civil action against a public accommodation for failing to remove a barrier to access. Claimants must first provide the owner or operator of the public accommodation with a written notice specific enough to identify the barrier and the circumstances under which access was denied. An owner or operator then has 60 days to respond with a description of forthcoming changes and another 60 days after providing the description to make the changes, or show substantial progress in making the changes, before the claimant may proceed with a civil action.</p> <p>The bill also requires (1) the Department of Justice (DOJ) to develop a program to educate state and local governments and property owners on strategies to promote ADA compliance, (2) the Judicial Conference of the United States to develop a model program to promote alternative dispute resolution to resolve claims, and (3) the DOJ to study whether certain web content accessibility standards and telephone services provide reasonable accommodations under the ADA.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 241 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 241
To amend the Americans with Disabilities Act of 1990 to promote
compliance through education, to clarify the requirements for demand
letters, to provide for a notice and cure period before the
commencement of a private civil action, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Calvert (for himself, Mr. Waltz, and Mr. Grothman) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Americans with Disabilities Act of 1990 to promote
compliance through education, to clarify the requirements for demand
letters, to provide for a notice and cure period before the
commencement of a private civil action, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Compliance for Customer Entry to
Stores and Services Act'' or the ``ACCESS Act''.
SEC. 2. COMPLIANCE THROUGH EDUCATION.
(a) In General.--Based on existing funding, the Disability Rights
Section of the Department of Justice shall, in consultation with
property owners and representatives of the disability rights community,
develop a program to educate State and local governments and property
owners on effective and efficient strategies for promoting access to
public accommodations for persons with a disability (as defined in
section 3 of the Americans with Disabilities Act (42 U.S.C. 12102)).
Such program may include training for professionals such as Certified
Access Specialists to provide a guidance of remediation for potential
violations of the Americans with Disabilities Act.
(b) Materials Provided in Other Languages.--The Disability Rights
Section of the Department of Justice shall take appropriate actions, to
the extent practicable, to make technical assistance publications
relating to compliance with this Act and the amendments made by this
Act available in all the languages commonly used by owners and
operators of United States businesses.
SEC. 3. NOTICE AND CURE PERIOD.
Paragraph (1) of section 308(a) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
``(1) Availability of remedies and procedures.--
``(A) In general.--Subject to subparagraph (B), the
remedies and procedures set forth in section 204(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are
the remedies and procedures this title provides to any
person who is being subjected to discrimination on the
basis of disability in violation of this title or who
has reasonable grounds for believing that such person
is about to be subjected to discrimination in violation
of section 303. Nothing in this section shall require a
person with a disability to engage in a futile gesture
if such person has actual notice that a person or
organization covered by this title does not intend to
comply with its provisions.
``(B) Barriers to access to existing public
accommodations.--A civil action under section 302 or
303 based on the failure to remove an architectural
barrier to access into an existing public accommodation
may not be commenced by a person aggrieved by such
failure unless--
``(i) that person has provided to the owner
or operator of the accommodation a written
notice specific enough to allow such owner or
operator to identify the barrier; and
``(ii)(I) during the period beginning on
the date the notice is received and ending 60
days after that date, the owner or operator
fails to provide to that person a written
description outlining improvements that will be
made to remove the barrier; or
``(II) if the owner or operator provides
the written description under subclause (I),
the owner or operator fails to remove the
barrier or, in the case of a barrier, the
removal of which requires additional time as a
result of circumstances beyond the control of
the owner or operator, fails to make
substantial progress in removing the barrier
during the period beginning on the date the
description is provided and ending 60 days
after that date.
``(C) Specification of details of alleged
violation.--The written notice required under
subparagraph (B) must also specify in detail the
circumstances under which an individual was actually
denied access to a public accommodation, including the
address of property, whether a request for assistance
in removing an architectural barrier to access was
made, and whether the barrier to access was a permanent
or temporary barrier.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect 30 days
after the date of the enactment of this Act.
SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS.
The Judicial Conference of the United States shall, under rule 16
of the Federal Rules of Civil Procedure or any other applicable law, in
consultation with property owners and representatives of the disability
rights community, develop a model program to promote the use of
alternative dispute resolution mechanisms, including a stay of
discovery during mediation, to resolve claims of architectural barriers
to access for public accommodations. To the extent practical, the
Federal Judicial Center should provide a public comment period on any
such proposal. The goal of the model program shall be to promote access
quickly and efficiently without the need for costly litigation. The
model program should include an expedited method for determining the
relevant facts related to such barriers to access and steps taken
before the commencement of litigation to resolve any issues related to
access.
SEC. 6. STUDY REGARDING WCAG 2.0 STANDARDS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study to determine whether WCAG 2.0
standards, accessibility widgets, or providing a telephone number
through which members of the public can obtain the same information and
services as they would on a website would all provide reasonable
accommodations for individuals with disabilities who are protected by
the provisions of the Americans with Disabilities Act of 1990.
<all>
</pre></body></html>
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118HR2410 | VET CARE Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2410 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2410
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to provide administrative support to providers of
dental care who provide such care to veterans that is not furnished
under such title, to direct the Secretary of Veterans Affairs to
establish a pilot program for the provision of dental care to certain
veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Bilirakis (for himself, Mr. Levin, Mr. Van Drew, Mr. Ferguson, and
Mr. Waltz) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to provide administrative support to providers of
dental care who provide such care to veterans that is not furnished
under such title, to direct the Secretary of Veterans Affairs to
establish a pilot program for the provision of dental care to certain
veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Early Treatment for Chronic
Ailment Resurgence through Examinations Act of 2023'' or the ``VET CARE
Act of 2023''.
SEC. 2. ADMINISTRATIVE SUPPORT FOR COMMUNITY PROVIDERS OF DENTAL CARE.
Section 1712 of title 38, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) The Secretary may furnish, to a provider of dental care
described in paragraph (2), administrative support (including
information for the provider to share with veterans regarding the
dental insurance plan under section 1712C of this title) related to
dental care described in paragraph (2).
``(2) Dental care described in this paragraph is--
``(A) provided to a veteran;
``(B) not furnished under a law administered by the
Secretary; and''.
SEC. 3. PILOT PROGRAM FOR THE PROVISION OF DENTAL CARE TO CERTAIN
VETERANS.
(a) Pilot Program.--
(1) Establishment.--The Secretary of Veterans Affairs shall
carry out a pilot program to provide outpatient dental services
and treatment, and related dental appliances, to eligible
veterans enrolled under subsection (c)(3), at no cost to such
veterans.
(2) Purpose.--Under the pilot program, the Secretary shall
determine whether there is a correlation between veterans
receiving such services and treatment, and the veterans
suffering fewer complications of chronic ailments, thereby
yielding a lower cost of care.
(3) Steering committee: establishment; duty; authority.--
The Secretary shall appoint a scientific steering committee to
ensure that results of clinical trials conducted under the
pilot program withstand the peer review process. To carry out
such duty, the steering committee--
(A) shall establish comprehensive ethical and
scientific protocols for clinical trials; and
(B) may alter the definition of ``eligible
veteran'' in subsection (b).
(b) Eligible Veteran Defined.--In this section, subject to
subsection (a)(3)(B), the term ``eligible veteran'' means a veteran
who--
(1) is enrolled in the system of annual patient enrollment
under section 1705 of title 38, United States Code;
(2) is not eligible for dental care under section 1712 of
title 38, United States Code;
(3) the Secretary determines does not receive regular
periodontal care;
(4) is between 40 and 70 years of age; and
(5) has been diagnosed with type 2 diabetes.
(c) Application; Evaluation; Disqualification; Enrollment;
Categorization.--
(1) Application.--An eligible veteran may elect to apply
for the pilot program.
(2) Evaluation; disqualification.--An eligible veteran who
applies for the pilot program shall receive an initial
periodontal evaluation, including vertical bitewing
radiographs. Any eligible veteran diagnosed with periodontal
disease that requires surgery shall be disqualified from the
pilot program.
(3) Enrollment; categorization.--The Secretary shall enroll
at least 1,500 eligible veterans who apply for the pilot
program, giving preference to veterans with service-connected
disabilities that increases in accordance with the veterans'
disability ratings under chapter 11 of title 38, United States
Code, in a manner that ensures the following:
(A) One-third of eligible veterans enrolled in the
pilot program shall have been diagnosed with no or mild
periodontitis under paragraph (2).
(B) Two-thirds of eligible veterans enrolled in the
pilot program shall have been diagnosed with moderate
to severe periodontitis under paragraph (2).
(d) Duration of Program.--The Secretary shall carry out the pilot
program during the four-year period beginning on the date that is 180
days after the effective date of this section.
(e) Locations.--The pilot program shall be carried out in five
facilities of the Veterans Health Administration, with one such
facility in each of five Veterans Integrated Services Networks that the
Secretary considers appropriate for the pilot program.
(f) Patient Distribution.--Each facility shall serve not more than
one-fourth and not fewer than one-sixth of the veterans enrolled in the
pilot program, in approximately even proportions of veterans
categorized under subsection (c)(3).
(g) Course of Program.--
(1) Periodontal therapy.--The Secretary shall make timely
and appropriate periodontal therapy available to veterans
described in subsection (c)(3)(B).
(2) Election of treatment.--Such veterans who elect to
receive treatment shall be classified as ``treated''.
(3) Annual evaluations.--Each treated veteran shall receive
an annual dental evaluation, during which the periodontal
health of the treated veteran shall be reassessed and recorded
exactly as at the initial evaluation under subsection (c)(2).
(4) Health outcome reporting.--For the duration of the
pilot program, the Secretary shall collect and record data
regarding the health of treated veterans, including events,
treatments, and outcomes, and make such data available for
analysis by qualified researchers.
(h) Education.--
(1) Health care providers.--The Secretary shall provide
standardized instructions to all physicians and dentists who
work in facilities described in subsection (e) to ensure
consistent evaluation and care for veterans enrolled in the
pilot program in all such facilities.
(2) Enrolled veterans.--The Secretary shall provide each
veteran enrolled in the pilot program with an orientation,
information before any care is provided under the pilot
program, and an exit interview that includes information
regarding how such veteran may obtain dental services and
treatment after the end of the pilot program.
(i) Educational Outreach.--The Secretary shall notify those
institutions of higher education (as that term is defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that offer
degrees in periodontology of the pilot program so that such
institutions may engage in similar studies regarding private
periodontal care for veterans.
(j) Report.--Not later than 18 months after the conclusion of the
pilot program, the Secretary shall submit a report of findings to the
Congress.
(k) Regulations.--The Secretary shall administer the pilot program
under such regulations as the Secretary shall prescribe, including best
practices regarding informed consent and study registration.
<all>
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118HR2411 | National Nursing Workforce Center Act of 2023 | [
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"... | <p><strong>National Nursing Workforce Center Act of 2023</strong></p> <p>This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2411 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2411
To amend the Public Health Service Act to support and stabilize the
existing nursing workforce, establish programs to increase the number
of nurses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Blunt Rochester (for herself and Mrs. Kim of California) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to support and stabilize the
existing nursing workforce, establish programs to increase the number
of nurses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Nursing Workforce Center
Act of 2023''.
SEC. 2. STATE NURSING WORKFORCE CENTERS.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 295j et seq.) as
part H; and
(2) by inserting after part F the following new part:
``PART G--NURSING WORKFORCE CENTERS
``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION
PILOT PROGRAM.
``(a) In General.--The Secretary shall carry out a 2-year pilot
program to establish new or enhance existing State-based nursing
workforce centers, evaluate the impact of State-based nursing workforce
centers on outcomes, and assess the feasibility of nursing workforce
public-private partnerships. The Secretary shall begin implementation
of such pilot program not later than 1 year after the date of enactment
of the National Nursing Workforce Center Act of 2023.
``(b) Grant Terms.--
``(1) Number of grants awarded.--The Secretary shall award
not less than 6 grants under the pilot program under subsection
(a).
``(2) Term.--The term of a grant awarded under the pilot
program under subsection (a) shall be 2 years.
``(3) Matching requirement.--As a condition on receipt of a
grant under the pilot program under subsection (a), the
Secretary shall require the applicant to agree, with respect to
costs to be incurred by the applicant in carrying out the
activities funded through the grant, to make available non-
Federal contributions (in cash or in kind) toward such costs in
an amount that is equal to not less than $1 for each $4 of
Federal funds provided through the grant. Such contributions
may be made directly or through donations from public or
private entities.
``(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be--
``(1) a State agency;
``(2) a State board of nursing;
``(3) an organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Act of 1986;
``(4) a community-based organization;
``(5) a school of nursing (as defined in section 801); or
``(6) a school or program determined by the Secretary to be
an eligible entity for purposes of this section.
``(d) Equitable Distribution.--In awarding grants under this
section, the Secretary shall ensure, to the greatest extent possible,
that such grants are equitably distributed among--
``(1) the geographical regions of the United States; and
``(2) States with an existing nursing workforce center and
States without any such existing center.
``(e) Priority.--In selecting the eligible entity to be awarded a
grant under this section for a nursing workforce center in a particular
State, the Secretary shall give priority to eligible entities that--
``(1) propose to provide statewide services;
``(2) have expertise in the State's nursing workforce
issues;
``(3) have a history of convening entities to address
nursing workforce issues; and
``(4) have partnerships with entities that traditionally
educate and employ the State's nurses.
``(f) Use of Funds.--A nursing workforce center supported under
this section may use funds provided under this section for the
following statewide activities:
``(1) Conducting comprehensive analysis of and research
on--
``(A) existing State nursing workforce data and
gaps in such data;
``(B) two- and four-year nursing education
programs, including with respect to--
``(i) faculty capacity and pay;
``(ii) enrollment, retention, and
graduation;
``(iii) services for nursing students and
the outcomes of such services;
``(iv) facility needs; and
``(v) clinical placement capacity;
``(C) State-specific scholarships, grants, and
financial aid; and
``(D) factors contributing to retention and
recruitment challenges and to nurses leaving the
workplace or profession.
``(2) Conducting strategic nursing workforce planning with
employers across all work settings and nursing education.
``(3) Conducting focused research on trends in nursing
shortages, including the fiscal and clinical outcomes of
contract nursing.
``(4) Establishing and implementing programs to--
``(A) support and retain faculty to increase
enrollment in schools of nursing;
``(B) recruit and retain nurses in all settings
where nurses practice;
``(C) support leadership development;
``(D) prepare the nursing workforce to address
social determinants of health and health inequities;
``(E) prepare nurses for public health crisis and
pandemic response;
``(F) assist individuals in obtaining education and
training required to enter the nursing profession, and
advance within such profession, such as by providing
career counseling and mentoring; and
``(G) diversify the nursing workforce.
``(g) Reports.--Not later than one year after the date on which the
first grant is awarded under the pilot program under subsection (a),
and annually thereafter, the Secretary shall submit to the Congress a
report on the grants awarded under such pilot program during the year
covered by the report. Each such report shall include--
``(1) a description of initiatives to study the unique
characteristics of State nursing workforces, and efforts to
increase the number of new nurses, recruit nurses to the
nursing profession, and retain nurses in the workplace;
``(2) impact data on nurses served by nursing workforce
centers, including demographic information of the individuals
served, the number of such individuals, and the types of
services provided;
``(3) the effectiveness of establishing formal public-
private relationships at understanding the national nursing
workforce through improved data collection and standardization;
``(4) data on continuous evaluation and quality
improvement, and other relevant data as determined by the
Secretary; and
``(5) the Secretary's recommendations and best practices
for--
``(A) reducing shortages among different nursing
specialties;
``(B) reducing shortages in rural and underserved
areas;
``(C) improving geographical distribution of the
nursing workforce; and
``(D) reducing shortages among different types of
nursing employers.
``(h) Funding.--From the amounts appropriated to the Health
Resources and Services Administration for workforce initiatives, the
Secretary shall use $1,500,000 for each of fiscal years 2024 and 2025
for carrying out this section.''.
SEC. 3. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS.
(a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the
Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by
striking ``under this title'' and inserting ``under this Act''.
(b) Analysis and Technical Assistance.--Section 761(c) of the
Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at
the end the following:
``(3) Minimum requirement.--At least one grant or contract
awarded under this subsection shall be awarded to an eligible
entity that demonstrates--
``(A) a mission to advance and support the nursing
workforce;
``(B) experience and expertise in guiding State-
level nursing workforce centers;
``(C) experience in working with nursing workforce
data;
``(D) expertise in analytical methods and tools
appropriate for nursing workforce research; and
``(E) awareness of emerging topics, issues, and
trends related to the nursing workforce.
``(4) Analysis and reporting.--Analysis and reporting
carried out pursuant to a grant or contract under this
subsection may include--
``(A) collaborating with nursing workforce centers
to produce or deliver, with respect to the supply of
nurses, the demand for nurses, and the capacity to
educate and train the nursing workforce--
``(i) regional and national reports;
``(ii) articles in peer-reviewed journals;
``(iii) presentations at national and
international conferences and meetings; and
``(iv) policy briefs, fact sheets,
articles, blogs, and other publications
available in the public domain;
``(B) evaluating the programs and activities of the
nursing workforce centers overall;
``(C) developing evidence-based or evidence-
informed strategies and best practices to alleviate
nursing workforce shortages across States and regions;
and
``(D) conducting rapid data analysis and short-
term, issue-specific research.
``(5) Technical assistance.--Technical assistance provided
pursuant to this subsection may include--
``(A) providing technical assistance to nursing
workforce centers on the collection, analysis, and
reporting of standardized supply, demand, and education
and training data to inform analysis conducted pursuant
to subsection (c)(1);
``(B) collaborating with nursing workforce centers
to identify and deliver evidence-based or evidence-
informed strategies to alleviate nursing shortages and
the maldistribution of nurses;
``(C) providing online and in-person training
opportunities for nurses and other staff at nursing
workforce centers; and
``(D) developing and maintaining a website that--
``(i) is accessible to grant and contract
recipients under section 785 and this section;
``(ii) supports resources for the provision
of technical assistance under this section,
such as--
``(I) evidence-based or evidence-
informed educational materials, tools,
recent findings of interest, and links
to relevant resources; and
``(II) logistical and
administrative information, such as
online trainings, webinars, and
publications; and
``(iii) includes a publicly accessible
repository of webinars, tools, and resources.
``(6) Definition.--In this subsection, the term `nursing
workforce center' means a nursing workforce center funded under
section 785.''.
<all>
</pre></body></html>
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118HR2412 | Helping Kids Cope Act | [
[
"B001303",
"Rep. Blunt Rochester, Lisa [D-DE-At Large]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
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[
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"Rep. Castor, Kathy [D-FL-14]",
"cosponsor"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2412 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2412
To amend the Public Health Service Act to authorize grants to increase
national capacity to provide pediatric behavioral health services at
children's hospitals and through community-based providers to improve
children's access to care; and to authorize grants to begin to address
large numbers of children boarding in emergency departments, to support
the pediatric behavioral health workforce, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Blunt Rochester (for herself and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize grants to increase
national capacity to provide pediatric behavioral health services at
children's hospitals and through community-based providers to improve
children's access to care; and to authorize grants to begin to address
large numbers of children boarding in emergency departments, to support
the pediatric behavioral health workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Kids Cope Act''.
SEC. 2. GRANT PROGRAMS TO SUPPORT PEDIATRIC BEHAVIORAL HEALTH CARE.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by inserting after subpart V the following new
subpart:
``Subpart VI--Pediatric Behavioral Health Programs
``SEC. 340A-1. PROGRAM TO IMPROVE ACCESS TO COMMUNITY-BASED PEDIATRIC
BEHAVIORAL HEALTH CARE.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall award
grants, contracts, or cooperative agreements to eligible entities for
the purpose of supporting pediatric behavioral health care integration
and coordination within communities to meet local community needs.
``(b) Eligible Entities.--Entities eligible for grants under
subsection (a) include--
``(1) health care providers, including family physicians,
pediatric medical sub-specialists, and surgical specialists;
``(2) children's hospitals;
``(3) facilities that are eligible to receive funds under
section 340E or 340H;
``(4) nonprofit medical facilities that predominantly treat
individuals under the age of 21;
``(5) rural health clinics and Federally qualified health
centers (as such terms are defined in section 1861(aa) of the
Social Security Act);
``(6) pediatric mental health and substance use disorder
providers, such as child and adolescent psychiatrists,
psychologists, developmental and behavioral pediatricians,
general pediatricians, advanced practice nurses, social
workers, licensed professional counselors, and other licensed
professionals that provide mental health and substance use
disorder services to patients under 21 years of age;
``(7) child advocacy centers described in section
214(c)(2)(B) of the Victims of Child Abuse Act of 1990;
``(8) school-based health centers; and
``(9) other entities as determined appropriate by the
Secretary.
``(c) Prioritization.--In making awards under subsection (a), the
Secretary shall prioritize--
``(1) applicants that provide children and adolescents from
high-need, rural, or under-resourced communities with services
across the continuum of children's mental health and substance
use disorder care; and
``(2) applicants that predominantly provide care to
children and adolescents that demonstrate plans to utilize
funds to expand provision of care to children, adolescents, and
youth under age 21.
``(d) Use of Funds.--Activities that may be funded through an award
under subsection (a) include--
``(1) increasing the capacity of pediatric practices,
family medicine practices, and school-based health centers to
integrate pediatric mental, emotional, and behavioral health
services into their practices including through co-location of
mental, emotional, and behavioral health providers;
``(2) training for non-clinical pediatric health care
workers, including care coordinators and navigators, on child
and adolescent mental health and substance use disorder,
trauma-informed care, and local resources to support children
and caregivers;
``(3) expanding evidence-based, integrated models of care
for pediatric mental health and substance use disorder
services;
``(4) pediatric practice integration for the provision of
pediatric mental health and substance use disorder services;
``(5) addressing surge capacity for pediatric mental health
and substance use disorder needs;
``(6) providing pediatric mental, emotional, and behavioral
health services to children as delivered by mental health and
substance use disorder professionals utilizing telehealth
services;
``(7) establishing or maintaining initiatives to allow more
children to access care outside of emergency departments,
including partial hospitalization, step down residency
programs, and intensive outpatient programs;
``(8) supporting, enhancing, or expanding pediatric mental
health and substance use disorder preventive and crisis
intervention services;
``(9) establishing or maintaining pediatric mental health
and substance use disorder urgent care or walk-in clinics;
``(10) establishing or maintaining community-based
pediatric mental health and substance use disorder initiatives,
such as partnerships with schools and early childhood education
programs;
``(11) addressing other access and coordination gaps to
pediatric mental health and substance use disorder services in
the community for children; and
``(12) supporting the collection of data on children and
adolescents' mental health needs, service utilization and
availability, and demographic data, to capture community needs
and identify gaps and barriers in children's access to care, in
a manner that protects personal privacy, consistent with
applicable Federal and State privacy laws.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2028.
``SEC. 340A-2. PEDIATRIC BEHAVIORAL HEALTH WORKFORCE TRAINING PROGRAM.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall award
grants, contracts, or cooperative agreements to eligible entities for
the purpose of supporting evidence-based pediatric mental health and
substance use disorder workforce training.
``(b) Eligible Entities.--Entities eligible for grants under
subsection (a) include--
``(1) children's hospitals;
``(2) facilities that are eligible to receive funds under
section 340E or 340H;
``(3) nonprofit medical facilities that predominantly treat
individuals under the age of 21;
``(4) rural health clinics and Federally qualified health
centers (as such terms are defined in section 1861(aa) of the
Social Security Act);
``(5) entities that employ mental health and substance use
disorder professionals, such as child and adolescent
psychiatrists, psychologists, developmental and behavioral
pediatricians, general pediatricians, advanced practice nurses,
social workers, licensed professional counselors, or other
licensed professionals that provide mental health or substance
use disorder services to patients under 21 years of age; and
``(6) other pediatric health care providers as determined
appropriate by the Secretary.
``(c) Use of Funds.--Activities that may be supported through an
award under subsection (a) include the following:
``(1) Training to enhance the capabilities of the existing
pediatric workforce, including pediatricians, primary care
physicians, advanced practice registered nurses, and other
pediatric health care providers, including expanded training in
pediatric mental health and substance use disorders, and
culturally and developmentally appropriate care for children
with mental health conditions.
``(2) Training to support multi-disciplinary teams to
provide pediatric mental health and substance use disorder
treatment, including through integrated care models.
``(3) Initiatives to accelerate the time to licensure
within the pediatric mental health or substance use disorder
workforce.
``(4) Activities to expand recruitment and retention,
increase workforce diversity, or enhance workforce training for
critical pediatric mental health professions, including--
``(A) child and adolescent psychiatrists;
``(B) psychiatric nurses;
``(C) psychologists;
``(D) family therapists;
``(E) social workers;
``(F) mental health counselors;
``(G) developmental and behavioral pediatricians;
``(H) pediatric substance use disorder specialists;
and
``(I) other mental health care providers as
determined appropriate by the Secretary.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2028.''.
SEC. 3. INCREASING FEDERAL INVESTMENT IN PEDIATRIC BEHAVIORAL HEALTH
SERVICES.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--ASSISTANCE FOR CONSTRUCTION AND MODERNIZATION OF
CHILDREN'S MENTAL HEALTH AND SUBSTANCE USE DISORDER INFRASTRUCTURE
``SEC. 3401. INCREASING FEDERAL INVESTMENT IN PEDIATRIC BEHAVIORAL
HEALTH SERVICES.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall award
grants, contracts, or cooperative agreements to eligible entities for
the purpose of improving their ability to provide pediatric behavioral
health services, including by--
``(1) constructing or modernizing sites of care for
pediatric behavioral health services;
``(2) expanding capacity to provide pediatric behavioral
health services, including enhancements to digital
infrastructure, telehealth capabilities, or other improvements
to patient care infrastructure;
``(3) supporting the reallocation of existing resources to
accommodate pediatric behavioral health patients, including by
converting or adding a sufficient number of beds to establish
or increase the hospital's inventory of licensed and
operational, short-term psychiatric and substance use inpatient
beds; and
``(4) addressing gaps in the continuum of care for
children, by expanding capacity to provide intermediate levels
of care, such as intensive outpatient services, partial
hospitalization programs, and day programs that can prevent
hospitalizations and support children as they transition back
to their homes and communities.
``(b) Eligibility.--To be eligible to seek an award under this
section, an entity shall be a hospital or rural health clinic that
predominantly treats individuals under the age of 21, including any
hospital that receives funds under section 340E.
``(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2028.
``(d) Supplement, Not Supplant.--Funds provided under this section
shall be used to supplement, not supplant Federal and non-Federal funds
available for carrying out the activities described in this section.
``(e) Reporting.--
``(1) Reports from award recipients.--Not later than 180
days after the completion of activities funded by an award
under this section, the entity that received such award shall
submit a report to the Secretary on the activities conducted
using funds from such award, and other information as the
Secretary may require.
``(2) Reports to congress.--Not later than one year, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
projects and activities conducted with funds awarded under this
section, and the outcome of such projects and activities. Such
report shall include--
``(A) the number of projects supported by awards
made under this section;
``(B) an overview of the impact, if any, of such
projects on pediatric health care infrastructure,
including any impact on access to pediatric mental
health and substance use disorder services;
``(C) recommendations for improving the investment
program under this section; and
``(D) any other considerations as the Secretary
determines appropriate.''.
<all>
</pre></body></html>
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118HR2413 | Dental Care for Veterans Act | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
"G000586",
"Rep. Garcia, Jesus G. \"Chuy\" [D-IL-4]",
"cosponsor"
],
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"Q000023",
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[
"P000620",
"Rep. Pettersen, Brittany [D-CO-7]",
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],... | <p><b>Dental Care for Veterans Act</b></p> <p>This bill expands eligibility for veterans for dental care provided by the Department of Veterans Affairs (VA). Specifically, the bill makes all veterans who are enrolled in the VA health care system eligible for VA-provided dental services. Currently, only veterans who have a service-connected dental issue or meet other narrow criteria are eligible for certain dental services.</p> <p>The bill phases in eligibility over four years based upon existing eligibility, degree of service-connected disability or other disability, prisoner of war status, award of a Purple Heart, financial need, or VA health care eligibility.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2413 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2413
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to furnish dental care in the same manner as any other
medical service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to furnish dental care in the same manner as any other
medical service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dental Care for Veterans Act''.
SEC. 2. REQUIREMENT THAT SECRETARY OF VETERANS AFFAIRS FURNISH DENTAL
CARE IN THE SAME MANNER AS ANY OTHER MEDICAL SERVICE.
(a) Dental Benefits.--
(1) In general.--Title 38, United States Code, is amended--
(A) in section 1701(6), by striking ``as described
in sections 1710 and 1712 of this title'';
(B) in section 1710(c), by striking the second
sentence;
(C) in section 1712--
(i) by striking subsections (a) and (b);
(ii) by redesignating subsections (c), (d),
(e), and (f) as subsections (a), (b), (c), and
(d), respectively; and
(iii) in subsection (a), as redesignated by
subparagraph (B)--
(I) by striking ``Dental
appliances'' and inserting ``The
Secretary may furnish dentures, dental
appliances''; and
(II) by striking ``to be furnished
by the Secretary under this section may
be procured by the Secretary'' and
inserting ``under this section and may
procure such appliances''; and
(D) by striking section 2062.
(2) Phased eligibility.--The amendments made by paragraph
(1) shall apply as follows:
(A) In the case of an individual who is eligible
for dental services and appliances furnished by the
Secretary of Veterans Affairs under chapter 17 of title
38, United States Code, on the date of the enactment of
this Act, beginning on the date of the enactment of
this Act.
(B) In the case of a veteran who is not so eligible
on the date of the enactment of this Act and who is
described in paragraph (1) or (2) of subsection (a) of
section 1705 of such title, beginning on the date that
is one year after the date of the enactment of this
Act.
(C) In the case of a veteran who is not so eligible
on the date of the enactment of this Act and who is
described in paragraph (3) or (4) of subsection (a) of
section 1705 of such title, beginning on the date that
is two years after the date of the enactment of this
Act.
(D) In the case of a veteran who is not so eligible
on the date of the enactment of this Act and who is
described in paragraph (5) or (6) of subsection (a) of
section 1705 of such title, beginning on the date that
is three years after the date of the enactment of this
Act.
(E) In the case of a veteran who is not so eligible
on the date of the enactment of this Act and who is
described in paragraph (7) or (8) of subsection (a) of
section 1705 of such title, beginning on the date that
is four years after the date of the enactment of this
Act.
(b) Conforming Amendments.--Section 1525(a) of title 38, United
States Code, is amended by striking ``medicines under section 1712(d)''
and inserting ``medicines under section 1712(b)''.
(c) Clerical Amendments.--Such title is further amended--
(1) in section 1712, in the heading for such section, by
striking ``Dental care'' and inserting ``Appliances'';
(2) in the table of sections at the beginning of chapter
17, by striking the item relating to section 1712 and inserting
the following new item:
``1712. Appliances; drugs and medicines for certain disabled veterans;
vaccines.'';
and
(3) in the table of sections at the beginning of chapter
20, by striking the item relating to section 2062.
<all>
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118HR2414 | CHAMPVA Children’s Care Protection Act of 2023 | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
"L000593",
"Rep. Levin, Mike [D-CA-49]",
"cosponsor"
],
[
"K000381",
"Rep. Kilmer, Derek [D-WA-6]",
"cosponsor"
],
[
"K000380",
"Rep. Kildee, Daniel T. [D-MI-8]",
"cosponsor"
]
] | <p><strong>CHAMPVA Children's Care Protection Act of 2023</strong></p> <p>This bill provides that a child shall be eligible for medical care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's 26th birthday, regardless of the child's marital status.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2414 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2414
To amend title 38, United States Code, to increase the maximum age for
children eligible for medical care under the CHAMPVA program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to increase the maximum age for
children eligible for medical care under the CHAMPVA program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CHAMPVA Children's Care Protection
Act of 2023''.
SEC. 2. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL CARE
UNDER CHAMPVA PROGRAM.
(a) Increase.--Subsection (c) of section 1781 of title 38, United
States Code, is amended to read as follows:
``(c)(1) Notwithstanding clauses (i) and (iii) of section 101(4)(A)
of this title and except as provided in paragraph (2), for purposes of
this section, a child is eligible for benefits under subsection (a)
until the child's 26th birthday, regardless of the child's marital
status.
``(2) This subsection shall not be construed to limit eligibility
for benefits under subsection (a) of a child described in section
101(4)(A)(ii) of this title.''.
(b) Effective Date.--Such subsection, as so amended, shall apply
with respect to medical care provided on or after the date of the
enactment of this Act.
<all>
</pre></body></html>
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118HR2415 | Springfield Race Riot National Historic Monument Act | [
[
"B001315",
"Rep. Budzinski, Nikki [D-IL-13]",
"sponsor"
],
[
"L000585",
"Rep. LaHood, Darin [R-IL-16]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2415 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2415
To establish the Springfield Race Riot National Historic Monument in
the State of Illinois, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Budzinski (for herself and Mr. LaHood) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Springfield Race Riot National Historic Monument in
the State of Illinois, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Springfield Race Riot National
Historic Monument Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic monument.--The term ``Historic Monument''
means the Springfield Race Riot National Historic Monument
established by section 3.
(2) Map.--The term ``Map'' means the map entitled
``Springfield Race Riot National Memorial Proposed Boundary'',
numbered 687/148588 and dated October 2018.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 3. ESTABLISHMENT OF SPRINGFIELD RACE RIOT NATIONAL HISTORIC
MONUMENT.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Springfield Race Riot National Historic
Monument in the State of Illinois as a unit of the National
Park System, to preserve, protect, and interpret for the
benefit of present and future generations, resources associated
with the Springfield Race Riot of 1908 and its role in the
formation of the National Association for the Advancement of
Colored People.
(2) Conditions.--The Historic Monument shall not be
established until the date on which the Secretary acquires
sufficient land within the boundary of the Historic Monument to
constitute a manageable unit.
(b) Boundaries.--The boundaries of the Historic Monument shall be
the boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition of Authority.--The Secretary may acquire any land
or interest in land located within the boundary of the Historic
Monument by--
(1) donation;
(2) purchase with donated funds or appropriated funds; or
(3) exchange.
(e) Agreements.--The Secretary may enter into agreements with--
(1) the city of Springfield, Illinois, for the purpose of
establishing and operating outside of the Historic Monument
boundary facilities for administration and visitor services;
and
(2) other public or private entities for the purposes of
carrying out this Act.
(f) Administration.--
(1) In general.--The Secretary shall administer the
Historic Monument in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System.
(2) Management plan.--
(A) Deadline for completion.--Not later than 3
years after the date on which funds are first made
available to the Secretary for this purpose, the
Secretary shall prepare a general management plan for
the Historic Monument in accordance with section 100502
of title 54, United States Code.
(B) Submission to congress.--On completion of the
general management plan under subparagraph (A), the
Secretary shall submit it to the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate.
<all>
</pre></body></html>
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118HR2416 | To amend the Public Health Service Act to reauthorize a military and civilian partnership for trauma readiness grant program. | [
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"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2416 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2416
To amend the Public Health Service Act to reauthorize a military and
civilian partnership for trauma readiness grant program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Burgess (for himself and Ms. Castor of Florida) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to reauthorize a military and
civilian partnership for trauma readiness grant program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION OF MILITARY AND CIVILIAN PARTNERSHIP FOR
TRAUMA READINESS GRANT PROGRAM.
Section 1291(g) of the Public Health Service Act (42 U.S.C. 300d-
91(g)) is amended by striking ``fiscal years 2019 through 2023'' and
inserting ``fiscal years 2024 through 2028''.
<all>
</pre></body></html>
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118HR2417 | Protection of Children Act of 2023 | [
[
"C001051",
"Rep. Carter, John R. [R-TX-31]",
"sponsor"
],
[
"B001302",
"Rep. Biggs, Andy [R-AZ-5]",
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"cosponsor"
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[
"B001291",
"Rep. Babin, Brian [R-TX-36]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2417 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2417
To the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to provide for the expedited removal of
unaccompanied alien children who are not victims of a severe form of
trafficking in persons and who do not have a fear of returning to their
country of nationality or last habitual residence, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Carter of Texas (for himself, Mr. Biggs, and Mr. Nehls) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to provide for the expedited removal of
unaccompanied alien children who are not victims of a severe form of
trafficking in persons and who do not have a fear of returning to their
country of nationality or last habitual residence, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Children Act of
2023''.
SEC. 2. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to the
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security,
upon determining that an individual with whom a
child is placed is unlawfully present in the
United States and not in removal proceedings
pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221
et seq.), shall initiate such removal
proceedings.''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child apprehended on or after the date
that is 30 days after the date of enactment of this Act.
SEC. 3. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due to
abuse, neglect, abandonment, or a similar basis found under
State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(III) an alien may not be granted
special immigrant status under this
subparagraph if the alien's
reunification with any one parent or
legal guardian is not precluded by
abuse, neglect, abandonment, or any
similar cause under State law;''.
<all>
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118HR2418 | Gun Trafficker Detection Act | [
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[
"A000148... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2418
To require lost or stolen firearms to be reported to law enforcement
authorities within 48 hours, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Casten (for himself, Ms. Kelly of Illinois, Ms. Titus, Ms. Brown,
Mr. Auchincloss, Ms. Dean of Pennsylvania, Ms. Norton, Ms. Lee of
California, Ms. Tokuda, and Mrs. Watson Coleman) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require lost or stolen firearms to be reported to law enforcement
authorities within 48 hours, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Trafficker Detection Act''.
SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT
AUTHORITIES.
(a) Reporting Requirement.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(aa)(1) Within 48 hours after a person not licensed under this
chapter who owns a firearm that has been shipped or transported in, or
has been possessed in or affecting, interstate or foreign commerce,
discovers or reasonably should have discovered the theft or loss of the
firearm, the person shall report the theft or loss to the Attorney
General. If the report to the Attorney General is not submitted through
a web portal created by the Attorney General for such purpose, the
person shall report the theft or loss to local law enforcement
authorities.
``(2) Within 72 hours after the Attorney General receives a report
through the web portal pursuant to paragraph (1), the Attorney General
shall notify the chief law enforcement officer of the jurisdiction in
which the theft or loss occurred of the name and address of the
reporting person.''.
(2) Reporting.--
(A) Creation of web-based portal.--Within 180 days
after the date of the enactment of this Act, the
Attorney General shall create a web-based electronic
portal, which members of the public may use to report
the theft or loss of a firearm to the Attorney General
pursuant to section 922(aa) of title 18, United States
Code, that includes a notice to users of the penalties
under section 924(a)(1) of such title for knowingly
making a false statement or representation in such a
report.
(B) Use of funds requirements.--Section 502(a) of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10153(a)) is amended by adding
at the end the following:
``(7) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
study and implement effective management and collection of data
relating to lost or stolen firearms reported to a law
enforcement agency of the applicant under section 922(aa) of
title 18, United States Code, unless the applicant has ensured,
and the Attorney General has certified, that the applicant has
in effect such laws and procedures as are necessary to ensure
that each such report is forwarded to the National Crime
Information Center.''.
(3) Penalties.--Section 924 of title 18, United States
Code, is amended by adding at the end the following:
``(q) With respect to a violation of section 922(aa), the Attorney
General shall, after notice and opportunity for a hearing--
``(1)(A) in the case of a first violation, subject the
person to a civil money penalty of not more than $1,000; or
``(B) in the case of a second or subsequent violation,
subject the person to a civil money penalty of not more than
$5,000; and
``(2) in the case of any violation, notify the person of
the prohibitions set forth in section 922(bb).''.
(b) Prohibition on Firearm Receipt After Multiple Convictions.--
(1) In general.--Section 922 of title 18, United States
Code, as amended by subsection (a)(1) of this section, is
amended by adding at the end the following:
``(bb)(1) It shall be unlawful for a person who has been twice
assessed a civil money penalty under section 924(q) to receive a
firearm during the 1-year period that begins with the date of the most
recent such assessment.
``(2) It shall be unlawful for a person who has been thrice
assessed a civil money penalty under section 924(q) to receive a
firearm during the 5-year period that begins with the date of the most
recent such assessment.''.
(2) Penalties.--Section 924(a)(5) of title 18, United
States Code, is amended by striking ``or (t)'' and inserting
``(t), or (bb)''.
(c) Prohibition on False Reporting.--Section 924(a)(1)(A) of title
18, United States Code, is amended by striking ``chapter or'' and
inserting ``chapter, in reporting a lost or stolen firearm pursuant to
section 922(aa), or''.
(d) Updating of National Instant Criminal Background Check
System.--
(1) In general.--Within 6 months after the date of the
enactment of this Act, the Attorney General shall promulgate
such rules as are necessary to ensure that--
(A) the national instant criminal background check
system takes account of section 922(bb) of title 18,
United States Code, in performing the functions of the
system; and
(B) all persons licensed under chapter 44 of such
title provide notice of the penalties for violations of
section 922(aa) of such title to any person not so
licensed who acquires a firearm from the licensee.
(2) Conforming amendments.--
(A) The following provisions of section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901)
are each amended by striking ``(g) or (n)'' and
inserting ``(g), (n), or (bb)'':
(i) Subparagraphs (A), (C), (F)(iii)(I),
and (G)(i) of subsection (e)(1).
(ii) Subsection (g).
(iii) Subsection (i)(2).
(iv) Subsection (l)(3)(B).
(B) The following provisions of title 18, United
States Code, are each amended by striking ``(g) or
(n)'' and inserting ``(g), (n), or (bb)'':
(i) Subparagraphs (B)(ii) and (C)(iii)(II)
of section 922(t)(1).
(ii) Section 923(g)(3)(B).
(iii) Section 925A(2).
(C) Paragraphs (2), (4), and (5) of section 922(t)
of title 18, United States Code, are each amended by
striking ``(g), or (n)'' and inserting ``(g), (n), or
(bb)''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 90
days after the date of the enactment of this Act.
<all>
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118HR2419 | Canal Conveyance Capacity Restoration Act | [
[
"C001059",
"Rep. Costa, Jim [D-CA-21]",
"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2419
To provide financial assistance for projects to address certain
subsidence impacts in the State of California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Costa (for himself, Mr. Garamendi, and Mr. Harder of California)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To provide financial assistance for projects to address certain
subsidence impacts in the State of California, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canal Conveyance Capacity
Restoration Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to address severe subsidence impacts that have
substantially reduced the carrying capacity of the water
delivery system of the State; and
(2) to provide additional water supply in the State at a
relatively low cost per acre-foot to increase--
(A) resiliency to increasingly severe droughts in
the State;
(B) groundwater recharge needed to assist in
meeting groundwater sustainability goals established
under State law; and
(C) the reliability of surface or groundwater
supplies, portions of which serve disadvantaged
communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal pool.--The term ``Federal pool'' means each of
pools 13 through 21 of the San Luis Canal/California Aqueduct,
which are owned by the United States and operated by the
California Department of Water Resources under the agreement
entitled ``Agreement Between the United States of America and
the Department of Water Resources of the State of California
for the Construction and Operation of the Joint-Use Facilities
of the San Luis Unit'' and dated December 30, 1961.
(2) Net present value of the local contribution to
reimbursable federal funding.--The term ``net present value of
the local contribution to reimbursable Federal funding'' means,
with respect to a project, the amount equal to the difference
between--
(A) the total amount of reimbursable Federal funds
made available for a project; and
(B) the amount of the present value, as of the date
of the calculation, of any interest subsidy provided
through the repayment terms to the Treasury over
similarly structured municipal bond financing available
to the non-Federal entity on the disbursement of the
reimbursable Federal funds for the project.
(3) Non-federal pool.--The term ``non-Federal pool'' means
each of pools 22 through 40 of the California Aqueduct, which
are owned by the State and operated by the California
Department of Water Resources.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) State.--The term ``State'' means the State of
California.
SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL SUBSIDENCE MITIGATION
PROJECTS.
(a) In General.--The Secretary may provide financial assistance for
the design, planning, and construction of--
(1) Federal facility improvements to the Friant Division,
Central Valley Project, California, under section 10201(a)(1)
of the San Joaquin River Restoration Settlement Act (Public Law
111-11; 123 Stat. 1365); and
(2) a project to restore conveyance capacity at, and to
mitigate subsidence-related impacts on, the Delta-Mendota
Canal, through a partnership with--
(A) a public water agency that contracts for the
delivery of Central Valley Project water; or
(B) a local joint powers authority formed under
State law by public water agencies that contract for
the delivery of Central Valley Project water.
(b) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under subsection (a) shall be not more
than 33 percent of the total cost of the project, including
amounts contributed after October 1, 2018.
(2) Form of non-federal share.--The non-Federal share of
the cost of carrying out a project under subsection (a) may be
provided in the form of cash or in-kind contributions,
including the net present value of the local contribution to
the reimbursable Federal funding for the project after October
1, 2018.
(c) Required Determination by Secretary.--Federal funds shall not
be made available under this Act for a project under subsection (a)
unless the Secretary determines that--
(1) there is an adequate non-Federal cost share to match
the total amount of federally appropriated financial assistance
made available for the project as of the date of the
determination of the Secretary; and
(2) the project is designed in a manner--
(A) to satisfy the purposes described in section 2,
after taking into account anticipated future
subsidence; and
(B) to comply with all applicable requirements of
Federal and State law, including part 2.74 of division
6 of the California Water Code (commonly known as the
``California Sustainable Groundwater Management Act'').
SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION PROJECT.
(a) In General.--The Secretary may provide financial assistance for
the design, planning, and construction of projects to restore
conveyance capacity at, and to mitigate subsidence-related impacts on,
the Federal pool and non-Federal pool.
(b) Non-Federal Partners.--To carry out this section, the Secretary
may enter into partnerships with--
(1) the State; or
(2) a local joint powers authority formed under State law
by public water agencies that contract for delivery of water
from the Central Valley Project or the State Water Project.
(c) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under subsection (a) shall be not more
than 33 percent of the total cost of the project, including any
amounts expended by the State for subsidence repairs in the
Federal pool and non-Federal pool for the project after October
1, 2018.
(2) Form of non-federal share.--The non-Federal share of
the cost of a project provided financial assistance under
subsection (a) may be in the form of cash or in-kind
contributions.
(d) Required Determination by Secretary.--Federal funds shall not
be made available under this Act for a project under subsection (a)
unless the Secretary determines, with the concurrence of the Governor
of the State, that--
(1) there is an adequate non-Federal cost share to match
the total amount of federally appropriated financial assistance
made available for the project as of the date of the
determination of the Secretary; and
(2) the project is designed in a manner--
(A) to satisfy the purposes described in section 2,
after taking into account anticipated future
subsidence; and
(B) to comply with all applicable requirements of
Federal and State law, including part 2.74 of division
6 of the California Water Code (commonly known as the
``California Sustainable Groundwater Management Act'').
SEC. 6. ENVIRONMENTAL COMPLIANCE.
In carrying out a project under this Act, the Secretary shall
comply with applicable environmental laws, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) applicable State law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary, as adjusted annually to reflect changes since March 2021 in
the Bureau of Reclamation Construction Cost Trends Index applicable to
the types of construction involved--
(1) $180,000,000 to carry out section 4(a)(1), consistent
with, and in addition to funding authorized under, section
10203(c) of the San Joaquin River Restoration Settlement Act
(Public Law 111-11; 123 Stat. 1367);
(2) $183,900,000 to carry out section 4(a)(2);
(3) $194,000,000 to pay the Federal share for the Federal
pool under section 5;
(4) $95,500,000 to pay the Federal share for the non-
Federal pool under section 5; and
(5) $180,000,000 to implement the Restoration Goal of the
settlement described in section 10004 of the San Joaquin River
Restoration Settlement Act (Public Law 111-11; 123 Stat. 1350),
in addition to the funding authorized under section 10009 of
that Act.
(b) Limitations.--Amounts made available under subsection (a) may
not be used--
(1) to build new surface storage;
(2) to raise existing reservoirs; or
(3) to enlarge the carrying capacity of a canal constructed
by the Bureau of Reclamation, except for a temporary increase
in carrying capacity that is intended--
(A) to mitigate anticipated future subsidence; and
(B) to avoid an increase in carrying capacity that
would otherwise be required on the occurrence of
anticipated future subsidence.
(c) Additional Amounts.--Amounts made available under subsection
(a) shall be--
(1) in addition to any other amounts made available for the
purposes described in that subsection; and
(2) nonreimbursable.
<all>
</pre></body></html>
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118HR242 | Equal Rights and Access for the Women of South Sudan Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><strong>Equal Rights and Access for the Women of South Sudan Act </strong></p> <p>This bill requires that activities carried out by the United States in South Sudan relating to governance, post-conflict reconstruction and development, police and military training, or refugee relief and assistance support the human rights of women and their full political, social, and economic participation.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 242 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 242
To require that activities carried out by the United States in South
Sudan relating to governance, reconstruction and development, and
refugee relief and assistance support the basic human rights of women
and women's participation and leadership in these areas.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To require that activities carried out by the United States in South
Sudan relating to governance, reconstruction and development, and
refugee relief and assistance support the basic human rights of women
and women's participation and leadership in these areas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Rights and Access for the
Women of South Sudan Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the 2011 referendum for secession that
established the independent state of South Sudan, South
Sudanese women continue to experience brutal violation of their
human rights.
(2) Strong and continued United States support can ensure
that the advances made by South Sudanese women since July 2011
when the Republic of South Sudan gained its independence will
continue and grow, rather than recede.
(3) The United States has made a substantial contribution
to the emergency relief and humanitarian efforts for South
Sudan. Completing the United States mission in South Sudan will
also require significant and long-term investments in
development and reconstruction assistance.
(4) An inadequate healthcare system has resulted in high
maternal and infant mortality rates. The maternal mortality
rate is 1,054 deaths per 100,000 live births, making it one of
the highest in the world.
(5) South Sudan faces many difficulties with its lack of
infrastructure and lacks significant human development factors,
which can further marginalize women.
(6) Over 80 percent of women and girls in South Sudan are
illiterate, and thus it is imperative to both secure and inform
women's rights within the national development.
(7) With the assistance of internal aid and the
proliferation of local women's organizations, women's equality
can be integrated into South Sudan's nation-building efforts.
(8) South Sudan has made gains in incorporating women into
the new regime with efforts such as inclusion in the
legislative assembly, thus additional support from the United
States serves to reinforce these ideals and implementations.
(9) The women of South Sudan are taking the initiative to
reach across the conflict divide and foster peace. Women's
perspectives and experiences in seeking solutions to conflicts
are necessary to ensure lasting peace.
(10) Adequate security in both urban and rural areas,
particularly on military borders, is essential if women and
girls are to exercise their human rights, work, attend school,
and otherwise participate in and benefit from humanitarian and
development programs sponsored by the United States.
SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES RELATING TO
SOUTH SUDAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in South Sudan shall
comply with the applicable requirements contained in such subsections.
(b) Governance of South Sudan.--With respect to the governance of
South Sudan, the applicable requirements are the following:
(1) Include the perspectives and advice from South Sudanese
women's organizations, networks, and leaders in United States
policymaking related to the governance of South Sudan.
(2) Promote the inclusion of a significant number of women
in the National Legislature and future legislative bodies to
ensure that women's full range of human rights are included and
upheld in any constitution or legal structures of South Sudan.
(3) Promote the continuation and strengthening of the
rights of women as the South Sudan Government transitions to a
long-term government structure, and encourage the appointment
of women to high-level positions within South Sudanese
Government.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in South Sudan, the
applicable requirements are the following:
(1) Ensure that a significant portion of United States
development, humanitarian, and relief assistance is channeled
to local and United States-based South Sudanese organizations,
particularly South Sudanese women's organizations. Provide
technical assistance, training, and capacity-building for local
organizations to ensure that United States-funded efforts will
be both effective and sustainable.
(2) Encourage United States organizations that receive
funds authorized by this Act to partner with or create South
Sudanese-led counterpart organizations and provide these
organizations with significant financial resources, technical
assistance, and capacity building.
(3) Provide direct financial and programmatic assistance to
the Ministry of Women's Affairs adequate to ensure that the
Ministry is able to fulfill its mandate.
(4) Promote multiyear women-centered economic development
programs, including programs to assist widows, female heads of
household, women in rural areas, and disabled women.
(5) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(6) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
South Sudanese girls, women, boys, and men.
(7) Provide financial assistance to build the health
infrastructure and to deliver high-quality comprehensive health
care programs, including primary, maternal, child,
reproductive, and mental health care.
(8) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(9) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(10) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(11) Include programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers in
persons.
(d) South Sudanese Military and Police.--With respect to training
for military and police forces in South Sudan, the applicable
requirements are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in South Sudan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and the
Internally Displaced.--With respect to the relief, resettlement, and
repatriation of refugees and internally displaced in South Sudan, the
applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced in camps, urban areas, and villages
are directly receiving food aid, shelter, relief supplies, and
other services from United States-sponsored programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 4. REPORTING REQUIREMENTS.
Not later than 60 days after the date of enactment of this Act, and
annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 3. All data shall be
disaggregated by sex.
<all>
</pre></body></html>
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118HR2420 | Cattle Fever Tick Eradication Program Enhancement Act | [
[
"D000594",
"Rep. De La Cruz, Monica [R-TX-15]",
"sponsor"
],
[
"M001212",
"Rep. Moore, Barry [R-AL-2]",
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[
"G0005... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2420 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2420
To direct the Secretary of Agriculture to review the Cattle Fever Tick
Eradication Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. De La Cruz (for herself, Mr. Moore of Alabama, Mr. Jackson of
Texas, Mr. Ellzey, and Mr. Guest) introduced the following bill; which
was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to review the Cattle Fever Tick
Eradication Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cattle Fever Tick Eradication
Program Enhancement Act''.
SEC. 2. CATTLE FEVER TICK ERADICATION PROGRAM REVIEW AND REPORT.
(a) Program Review.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary of Agriculture
shall offer to enter into a contract with a covered institution
under which the covered institution shall conduct a review of
the Program.
(2) Review elements.--The review conducted pursuant to
paragraph (1) shall include an evaluation of--
(A) the effectiveness of the Program with respect
to preventing and reducing the spread of tick-borne
illnesses in cattle;
(B) with respect to cattle producers--
(i) the benefits of the Program; and
(ii) the burden of compliance with the
Program;
(C) the treatment protocols developed and
implemented under the Program; and
(D) the Federal and State funds allocated to
support the Program for the most recent fiscal year,
including the funds allocated to each research project
associated with the Program.
(b) Report.--Not later than 1 year after the date on which the
Secretary of Agriculture and a covered institution enter into a
contract pursuant to subsection (a)(1), the Secretary of Agriculture
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that includes--
(1) the results of the review conducted pursuant to
subsection (a); and
(2) recommendations for improvements to the Program,
including recommendations for reducing the burden of compliance
with the Program with respect to cattle producers.
(c) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution''
means--
(A) a land-grant college or university; or
(B) a non-land-grant college of agriculture.
(2) Land-grant college or university.--The term ``land-
grant college or university'' means an institution from among
the land-grant colleges and universities (as defined in section
1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)).
(3) Non-land-grant college of agriculture.--The term ``non-
land-grant college of agriculture'' has the meaning given such
term in section 1404 of the Food and Agriculture Act of 1977 (7
U.S.C. 3103).
(4) Program.--The term ``Program'' means the Cattle Fever
Tick Eradication Program carried out by the Animal and Plant
Health Inspection Service of the Department of Agriculture in
coordination with the Texas Animal Health Commission.
<all>
</pre></body></html>
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118HR2421 | Safe Equitable Campus Resources and Education Act of 2023 | [
[
"D000624",
"Rep. Dingell, Debbie [D-MI-6]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2421 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2421
To address the needs of individuals with disabilities within the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mrs. Dingell introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To address the needs of individuals with disabilities within the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Equitable Campus Resources and
Education Act of 2023''.
SEC. 2. AMENDMENTS TO THE CLERY ACT.
(a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``in an accessible format'' after ``an annual
security report'';
(B) in subparagraph (F)(ii), by inserting ``and of
the crimes described in clause (iii), and'' after
``clause (i)''; and
(C) in subparagraph (J)--
(i) in clause (ii), by striking ``and''
after the semicolon;
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting after clause (ii) the
following:
``(iii) ensure that such emergency response
and evacuation procedures take into account the
needs of students and staff with disabilities;
and'';
(2) by redesignating paragraphs (2) through (18) as
paragraphs (3) through (19), respectively;
(3) by inserting after paragraph (1) the following:
``(2) All reports, materials and information provided in accordance
with this subsection shall be available free of charge, in a timely
manner, and in accessible formats for individuals with disabilities,
including those individuals who are blind or deaf or have cognitive,
intellectual, or communication disabilities.'';
(4) in paragraph (7)(A), as redesignated by paragraph (2)--
(A) by redesignating clauses (iii) through (v) as
clauses (iv) through (vi), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) The term `disability' has the meaning given such
term in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).''; and
(5) in paragraph (9), as redesignated by paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (I)--
(aa) in item (ee), by
striking ``; and'' and
inserting ``, including abusive
behavior and attacks targeting
individuals with disabilities;
and''; and
(bb) in item (ff), by
striking ``(vii); and'' and
inserting ``(viii);''
(II) in subclause (II), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(III) an assurance that all prevention and
awareness programs and materials are accessible to, and
inclusive of the needs of, individuals with
disabilities, including those who are deaf or blind or
have cognitive, intellectual, or communication
disabilities; and
``(IV) an assurance that campus security personnel
and other individuals responsible for the provision of
information or resources under this subsection receive
training about working with individuals with
disabilities.'';
(ii) in the matter preceding subclause (I)
of clause (iii), by inserting ``and in such
formats as are necessary to ensure their
accessibility to individuals with
disabilities,'' after ``writing'';
(iii) in clause (iv)--
(I) in subclause (I)--
(aa) in item (aa), by
striking ``and'' after the
semicolon; and
(bb) by inserting after
item (bb) the following:
``(cc) be conducted by officials who
receive annual training on how to conduct an
investigation and hearing process with an
accuser or an accused who has a disability,
including individuals who are blind or deaf or
have cognitive, intellectual, or communication
disabilities; and
``(dd) be accessible to individuals with
disabilities, including individuals who are
blind, deaf, or have cognitive, intellectual,
or communication disabilities;'';
(II) in subclause (II)--
(aa) by striking ``and'' at
the end;
(bb) by striking ``the
accuser'' and inserting ``with
respect to such proceedings--
``(aa) the accuser''; and
(cc) by inserting after
item (aa), as added by item
(bb), the following:
``(bb) an accuser or an accused with a
disability who discloses such disability is
also entitled to be accompanied to any such
meeting or proceeding by an interpreter,
transliterator, or other individual providing
communication assistance services, provided by
the institution in accordance with section 504
of the Rehabilitation Act of 1973 (29 U.S.C.
794) and the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), to ensure the
accuser or accused's ability to fully
participate; and
``(cc) the accuser and the accused are
entitled to the same opportunities to request
accommodations related to their disabilities;
and''; and
(III) in subclause (III), in the
matter preceding item (aa), by
inserting ``and in such accessible
format as is required in the case of an
accuser or an accused individual with a
disability'' following ``shall be
simultaneously informed, in writing'';
and
(iv) by adding after clause (vii) the
following:
``(viii) Information about the accommodations available to
individuals with disabilities with respect to such programs and
procedures, how individuals with disabilities may request such
accommodations, and an assurance that such accommodations will
be provided in a timely manner such that access to programs and
the timing of procedures under this subparagraph shall not be
substantially impeded.'';
(B) in subparagraph (C), by striking ``(vii)'' and
inserting ``(viii)''; and
(C) by inserting after subparagraph (C) the
following:
``(D) All materials, websites, and other forms of
communication associated with the policy described in
subparagraph (A) shall be provided in accessible
formats for individuals with disabilities, including
those individuals who are deaf, blind, or have
cognitive, intellectual, or communication disabilities.
Provision of such accessible formats shall be timely
and shall include procedures for addressing problems
and failures of any accessibility technology
involved.''.
(b) Technical Correction.--Section 120(a)(2)(B)(i) of the Higher
Education Act of 1965 (20 U.S.C. 1011i(a)(2)(B)(i)) is amended by
striking ``485(f)(6)'' and inserting ``485(f)(7)''.
<all>
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118HR2422 | CALM Modernization Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2422 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2422
To amend the CALM Act to include video streaming services, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Eshoo (for herself, Ms. Castor of Florida, and Mr. David Scott of
Georgia) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the CALM Act to include video streaming services, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Advertisement Loudness
Mitigation Modernization Act of 2023'' or the ``CALM Modernization Act
of 2023''.
SEC. 2. MODERNIZATION OF THE CALM ACT AND RULEMAKING ON LOUD
COMMERCIALS ON STREAMING VIDEO.
(a) Amendments.--The CALM Act (Public Law 111-311; 124 Stat. 3294)
is amended--
(1) in section 2 (47 U.S.C. 621)--
(A) by striking ``Federal Communications
Commission'' each place the term appears and inserting
``Commission'';
(B) by striking subsection (c) and inserting the
following:
``(c) Compliance.--
``(1) Rebuttable presumption.--There is a rebuttable
presumption that any television broadcast station, cable
operator, or other multichannel video programming distributor
that installs, uses, and maintains in a commercially reasonable
manner the equipment and associated software in compliance with
the regulations issued by the Commission in accordance with
subsection (a) is in compliance with those regulations.
``(2) Factors to determine rebuttal.--In determining
whether the presumption of compliance under paragraph (1) has
been rebutted with respect to a television broadcast station,
cable operator, or other multichannel video programming
distributor, the Commission shall consider the following:
``(A) The number of complaints regarding loud
commercials the Commission has received with respect to
that station, operator, or other distributor.
``(B) Substantive patterns or trends from
complaints on loud commercials the Commission has
received.
``(C) Data and conclusions in any report issued by
a Federal agency (including the Government
Accountability Office) regarding the effectiveness of
this Act in moderating the loudness of commercials in
comparison with accompanying video programming.
``(D) Any other factor established by the
Commission by regulation.''; and
(C) in subsection (d)--
(i) by redesignating paragraph (1) as
paragraph (3) and moving it to appear after
paragraph (2);
(ii) in paragraph (3), as so redesignated,
by striking ``; and'' at the end and inserting
a period;
(iii) by redesignating paragraph (2) as
paragraph (1);
(iv) in paragraph (1), as so redesignated--
(I) by striking ``multi-channel''
and inserting ``multichannel''; and
(II) by striking the period at the
end and inserting a semicolon; and
(v) by inserting after paragraph (1), as so
redesignated, the following:
``(2) the term `Commission' means the Federal
Communications Commission; and''; and
(2) by adding at the end the following:
``SEC. 3. RULEMAKING ON LOUD COMMERCIALS ON STREAMING VIDEO.
``(a) Rulemaking Required for Loud Streaming Video Commercials.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commission shall prescribe
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et
seq.) a regulation that prohibits video streaming services from
transmitting the audio of commercial advertisements louder than
the video content the advertisements accompany in a manner that
is similar in effect to the regulation prescribed under section
2.
``(2) Rebuttable presumption.--In prescribing the
regulation under paragraph (1), the Commission may include a
rebuttable presumption provision that is similar to the
rebuttable presumption under section 2(c) if it is practicable
and warranted for effective enforcement of this section.
``(3) Effective date.--Except as provided in paragraph (4),
the regulation required under paragraph (1) shall take effect
180 days after the date on which the regulation is published in
the Federal Register.
``(4) Extension of effective date.--The Commission may
extend the effective date described in paragraph (3) for 1 year
for any video streaming service that demonstrates that
complying with the regulation would result in significant
financial hardship.
``(5) Updates.--The Commission shall update the regulation
prescribed under paragraph (1) as necessary.
``(b) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Communications Commission.
``(2) Video programming.--The term `video programming' has
the meaning given the term in section 713(h) of the
Communications Act of 1934 (47 U.S.C. 613(h)).
``(3) Video streaming service.--The term `video streaming
service'--
``(A) means an entity that makes available directly
to the end user through a distribution method that uses
internet protocol--
``(i) video programming; or
``(ii) video content the entity makes
available for users to view; and
``(B) does not include--
``(i) a television broadcast station, cable
operator, or other multichannel video
programming distributor (as those terms are
defined in section 2(d)), only with respect to
commercial advertisements and video programming
subject to section 2; or
``(ii) an entity that serves video
programming or video content that is served
without video commercial advertisements.
``SEC. 4. ENFORCEMENT.
``(a) In General.--The Federal Communications Commission shall
implement and enforce this Act as if this Act were a part of the
Communications Act of 1934 (47 U.S.C. 151 et seq.).
``(b) Violations.--A violation of this Act, or a regulation
promulgated under this Act, shall be considered to be a violation of
the Communications Act of 1934, or a regulation promulgated under that
Act, respectively.
``(c) No Citation Required.--Paragraph (5) of section 503(b) of the
Communications Act of 1934 (47 U.S.C. 503(b)) shall not apply to a
determination of forfeiture liability under that subsection against a
person who commits a violation described in subsection (b) of this
section.''.
(b) GAO Report on CALM Act Enforcement.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on section 2
of the CALM Act (47 U.S.C. 621), as amended by subsection (a),
that--
(A) analyzes the effectiveness of that section in
moderating the loudness of commercials in comparison to
accompanying video programming;
(B) evaluates the ability of the Federal
Communications Commission to effectively moderate the
loudness of commercials in comparison to accompanying
video programming under subsection (c) of that section;
and
(C) as appropriate, recommends policy solutions
that would enable better moderation of the loudness of
commercials in comparison to accompanying video
programming.
(2) Video programming defined.--In this subsection, the
term ``video programming'' has the meaning given the term in
section 713(h) of the Communications Act of 1934 (47 U.S.C.
613(h)).
<all>
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118HR2423 | Farm Credit Administration Independent Authority Act | [
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"C00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2423
To affirm that the Farm Credit Administration is the sole and
independent regulator of the Farm Credit System.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Finstad (for himself, Mr. Panetta, Mrs. Fischbach, Mr. LaMalfa, and
Ms. Craig) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Financial
Services, 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 affirm that the Farm Credit Administration is the sole and
independent regulator of the Farm Credit System.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Credit Administration
Independent Authority Act''.
SEC. 2. FARMER LOAN DATA COLLECTION.
(a) In General.--The Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) is amended by inserting after section 4.19 the following:
``SEC. 4.20. SMALL FARMER LOAN DATA COLLECTION.
``(a) Purpose.--The purpose of this section is to affirm that the
Farm Credit Administration is the sole and independent regulator of the
Farm Credit System.
``(b) Definition.--In this section, the term `small farmer' means a
`small farmer, rancher, or producer or harvester of aquatic products'
as defined pursuant to section 4.19.
``(c) Collection of Demographic Data by Farm Credit System
Lenders.--Notwithstanding any other provision of law, Farm Credit
System institutions, pursuant to regulations promulgated by the Farm
Credit Administration, shall--
``(1) request that loan applicants and borrowers that are
small farmers disclose information identifying their race, sex,
and ethnicity;
``(2) collect and maintain the information resulting from
the requests; and
``(3) report to the Farm Credit Administration on an annual
basis the information collected pursuant to the requests.
``(d) Directions to the Farm Credit Administration.--The Farm
Credit Administration--
``(1) shall collect the information gathered by Farm Credit
System institutions under this section and make the information
available to the public on an annual basis; and
``(2) shall not require, in prescribing regulations to
implement this section, that any Farm Credit System institution
contradict the wishes of a customer who does not wish to
voluntarily report race, sex, or ethnicity by requiring the
Farm Credit System institution to report the race, sex, or
ethnicity of the customer based on visual observation, surname,
or any other method.
``(e) Protection of Personally Identifiable Information.--In
reporting the information collected under this section, the Farm Credit
Administration shall not include any information that would reveal the
identify of any loan applicant or borrower.
``(f) Effective Date.--This section shall apply only to
applications received and loans made 1 year or more after the date of
the enactment of this section.''.
SEC. 3. CONFORMING AMENDMENTS.
Section 704B(h)(1) of the Equal Credit Opportunity Act (15 U.S.C.
1691c-2(h)(1)) is amended by inserting ``, other than any entity that
is supervised by the Farm Credit Administration'' before the period at
the end.
<all>
</pre></body></html>
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118HR2424 | MODERN WIC Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2424 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2424
To amend the Child Nutrition Act of 1966 to permit video or telephone
certifications in the special supplemental nutrition program for women,
infants, and children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Fitzpatrick (for himself and Ms. Bonamici) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to permit video or telephone
certifications in the special supplemental nutrition program for women,
infants, and children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Options to Develop and Enhance
Remote Nutrition in WIC Act of 2023'' or the ``MODERN WIC Act of
2023''.
SEC. 2. REDEFINING PRESENCE AT CERTIFICATION.
(a) In General.--Section 17(d)(3) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)) is amended--
(1) by striking subparagraphs (B) and (C);
(2) by inserting the following after subparagraph (A):
``(B) Presence for certain determinations and
evaluations.--
``(i) In general.--Each individual seeking
certification, recertification, or a
nutritional risk evaluation for participation
in the program authorized under this section
shall be provided an appointment that is, at
the option of the individual--
``(I) in-person, by telephone, or
through video technology that permits
2-way, real time interactive
communications, as determined by the
Secretary; or
``(II) through other formats that
permit 2-way, real time interactive
communications, as determined by the
Secretary.
``(ii) ADA compliance.--Any format made
available for an appointment under clause (i)
shall be accessible to an individual in
accordance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794).
``(iii) Nutritional risk evaluations for
remote certification.--If an individual is
certified for participation in the program
under clause (i) through a format other than
in-person, a State agency shall--
``(I) to the maximum extent
practicable, collect anthropometric
data necessary to evaluate the
nutritional risk of that individual
within 30 days of the appointment; and
``(II) collect such data not later
than 90 days after the appointment.
``(iv) Interim eligibility for nutritional
risk.--
``(I) In general.--A State agency
may consider an applicant who meets the
income eligibility standards to be
temporarily eligible on an interim
basis to participate in the program and
may certify any such individual for
participation immediately, without
delaying certification until a
nutritional risk evaluation is made.
``(II) Nutritional risk
evaluation.--A nutritional risk
evaluation of such individual shall be
completed not later than 90 days after
the individual is certified for
participation pursuant to subclause
(I).
``(III) Termination.--If a State
agency does not collect data in
accordance with clause (iii)(II) or the
individual is subsequently determined
to not meet nutritional risk criteria,
the certification of that individual
shall terminate on the date described
in such clause (iii)(II) or the date of
such determination, as applicable.'';
and
(3) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively.
(b) Technical Amendment.--Section 17(d)(3) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin
of subparagraph (B) to the margin of subparagraph (C).
SEC. 3. REMOTE BENEFIT ISSUANCE.
(a) In General.--Section 17(f)(6)(B) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(6)(B)) is amended--
(1) in the third sentence--
(A) by striking ``vouchers by mail'' and inserting
``food instruments by mail, remote issuance, or other
means''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(iii) Disapproval of state plan.--The
Secretary'';
(2) in the second sentence--
(A) by striking ``vouchers by mail in its plan''
and inserting ``food instruments by mail, remote
issuance, or other means in the State plan''; and
(B) by striking ``The State'' and inserting the
following:
``(ii) State plan.--The State''; and
(3) by striking ``(B) State agencies'' and all that follows
through ``to obtain vouchers.'' and inserting the following:
``(B) Delivery of food instruments.--
``(i) In general.--State agencies may provide for
the delivery of food instruments, including electronic
benefit transfer cards, to any participant through
means that do not require the participant to travel to
the local agency to obtain food instruments, such as
through mailing or remote issuance.''.
(b) Regulations.--The Secretary shall revise section 246.12(r) of
title 7, Code of Federal Regulations, by striking paragraph (4).
SEC. 4. ANNUAL INVESTMENT IN WIC TECHNOLOGIES.
Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)) is amended--
(1) in paragraph (2)(B)--
(A) by striking clause (ii); and
(B) by striking the subparagraph designation and
all that follows through ``clause (ii) and'' and
inserting the following:
``(B) Allocation for nutrition services and
administration.--Except as provided in''; and
(2) in paragraph (10)--
(A) in subparagraph (A), by striking ``2010 through
2015'' and inserting ``2024 through 2029''; and
(B) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) $60,000,000 shall be used to
establish, develop, improve, replace, or
administer technology platforms, including
management information systems and systems that
allow for secure communication of information
between health care providers and program
clinics in order to facilitate sharing
information necessary for certification,
establishing nutrition risk, or for the
provision of health care services, that enhance
program services, access to the program, or
redemption of benefits, of which up to
$5,000,000 may be used for Federal
administrative cost;''.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Education and the Workforce of the House of Representatives a report on
the use of remote technologies 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) (referred to in this
section as the ``program'').
(b) Content of Report.--The report submitted under subsection (a)
shall include a description of--
(1) the use of remote technologies and other digital tools,
including video, telephone, and online platforms--
(A) to certify eligible individuals for program
services; and
(B) to provide nutrition education and
breastfeeding support to program participants;
(2) the impact of remote technologies, including video,
telephone, and online platforms, on certifications,
appointments, and participant satisfaction under the program;
and
(3) best practices to--
(A) certify program participants for program
services using remote technologies;
(B) incorporate the use of digital tools into the
program certification process;
(C) integrate nutrition education and breastfeeding
support services for program participants into remote
technologies and platforms; and
(D) securely manage program participant data.
<all>
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118HR2425 | Universal Full-Day Kindergarten Act | [
[
"G000574",
"Rep. Gallego, Ruben [D-AZ-3]",
"sponsor"
],
[
"J000305",
"Rep. Jacobs, Sara [D-CA-51]",
"cosponsor"
],
[
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"Rep. Torres, Ritchie [D-NY-15]",
"cosponsor"
],
[
"G000586",
"Rep. Garcia, Jesus G. \"Chuy\" [D-IL-4]",
"cosponsor"
],
[
... | <p><b>Universal Full-Day Kindergarten Act</b></p> <p>This bill requires the Department of Education to make formula grants to states and, through them, allocations to local educational agencies to carry out full-day kindergarten programs. ED must also reserve funds for outlying areas and the Bureau of Indian Education.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2425 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2425
To direct the Secretary of Education to make allotments to States to
carry out full-day kindergarten programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Gallego (for himself, Ms. Jacobs, and Mr. Torres of New York)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to make allotments to States to
carry out full-day kindergarten programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Full-Day Kindergarten
Act''.
SEC. 2. FULL-DAY KINDERGARTEN GRANT PROGRAM.
(a) In General.--The Secretary shall carry out a grant program to
make grants in accordance with the formula described in subsection (b)
to States to carry out full-day kindergarten programs.
(b) Formula.--
(1) Secretarial reservations.--
(A) Technical assistance.--From the amount
appropriated under section 6 for a fiscal year, the
Secretary shall reserve 2 percent of such amount for
technical assistance (including capacity building) to
States.
(B) Secretary of the interior.--From the amount
appropriated under section 6 for a fiscal year, the
Secretary shall reserve one-half of 1 percent for the
Secretary of the Interior for programs under this Act
in schools operated or funded by the Bureau of Indian
Education, Indian tribes and tribal organizations, or
consortia of Indian tribes and tribal organizations.
(C) Outlying areas.--From the amount appropriated
under section 6 for a fiscal year, the Secretary shall
reserve one-half of 1 percent for the outlying areas to
be distributed among those outlying areas on the basis
of their relative need, as determined by the Secretary,
in accordance with the purpose of this Act.
(2) State allotments.--
(A) In general.--From the amount appropriated under
section 6 for a fiscal year that remains after the
Secretary makes the reservations under paragraph (1),
the Secretary shall allot to each State with an
approved State plan under section 3(a), an amount that
bears the same relationship to the remainder as the
amount the State received under subpart 2 of part A of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6331 et seq.) for the preceding
fiscal year bears to the amount all States received
under that subpart (20 U.S.C. 6331 et seq.) for the
preceding fiscal year.
(B) Minimum amount.--No State receiving an
allotment under this paragraph shall receive less than
one-half of 1 percent of the total amount allotted
under this paragraph.
(C) Reallotment.--If a State does not receive an
allotment under this paragraph for a fiscal year, the
Secretary shall reallot the amount of the State's
allotment to the remaining States in accordance with
this paragraph.
(D) State reservations.--
(i) Administrative costs.--A State may
reserve not more than 2 percent of the
allotment received by State under this
paragraph for administrative purposes,
including the activities described in
paragraphs (2) and (3) of section 3(a).
(ii) Local allocations.--A State shall
reserve not less than 98 percent of the
allotment received by the State under this
paragraph to make allocations to local
educational agencies under paragraph (3).
(3) Allocations to local educational agencies.--
(A) In general.--From the funds reserved by a State
under paragraph (2)(D), the State shall allocate to
each local educational agency in the State that has an
application approved by the State under section 3(b),
an amount that bears the same relationship to the total
amount of such reservation as the amount the local
educational agency received under subpart 2 of part A
of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding
fiscal year bears to the total amount received by all
local educational agencies in the State under such
subpart (20 U.S.C. 6331 et seq.) for the preceding
fiscal year.
(B) Minimum local educational agency allocation.--
No allocation to a local educational agency under this
paragraph may be made in an amount that is less than
$10,000, subject to subparagraph (D).
(C) Consortia.--Local educational agencies in a
State may form a consortium with other surrounding
local educational agencies and combine the funds each
such agency in the consortium receives under this
paragraph to jointly carry out the activities described
in this section 4.
(D) Ratable reduction.--If the amount reserved by
the State under paragraph (2)(D)(ii) is insufficient to
make allocations to local educational agencies in an
amount equal to the minimum allocation described in
subparagraph (B), such allocations shall be ratably
reduced.
SEC. 3. STATE PLANS; LOCAL APPLICATIONS.
(a) State Plans.--In order to receive an allotment under this
section for any fiscal year, a State shall submit a plan to the
Secretary, at such time and in such manner as the Secretary may
reasonably require. Each plan submitted by a State under this section
shall include the following:
(1) A description of how the State will use funds reserved
under section 2(b)(2)(D)(i).
(2) A description of how the State will ensure that the
allocations made to local educational agencies meet the
requirements of section 2(b)(3).
(3) Assurances that the State will--
(A) review existing resources and full-day
kindergarten programs across the State and coordinate
such resources and programs with the State plan
submitted under this subsection and the funds received
under this Act;
(B) monitor the implementation of activities under
this Act and provide technical assistance to local
educational agencies in carrying out such activities;
and
(C) provide for equitable access for all students
to the activities supported under this Act, including
aligning those activities with the requirements of
other Federal laws.
(b) Local Applications.--To receive an allocation under this Act, a
local educational agency shall submit an application to the applicable
State at such time, in such manner, and containing such information as
may be required by such State.
SEC. 4. USE OF FUNDS.
A local educational agency that receives an allocation under this
section shall use the allocation to establish or maintain a full-day
kindergarten program that--
(1) has a duration of at least 5 hours per school day;
(2) permits children who are not younger than age 5 or
older than age 6 to be enrolled in such program, except that a
program that permits children who are not younger than age 4 or
older than age 6 meets the requirements of this paragraph;
(3) does not require payment for participation in such
program;
(4) is offered for the full school year;
(5) is taught by teachers who meet the applicable
professional qualifications (including licensure and
certification requirements) for kindergarten teachers working
in the geographic area in which the program is located;
(6) includes academic standards that prepare students to
meet grade-level benchmarks;
(7) may include standards related to cognitive development,
socio-emotional learning, physical and behavioral skills
development, and recreational activity; and
(8) in a case of a program supported by paraprofessionals,
is supported by paraprofessionals who meet the applicable
professional qualifications (including licensure and
certification requirements) for paraprofessionals working in
the geographic area in which the program is located.
SEC. 5. REPORT.
Not later than 120 days after the date of the enactment of this
Act, and annually thereafter, the Secretary shall conduct a study and
submit a report to Congress that--
(1) specifies the number of States, local educational
agencies, Indian tribes, tribal organizations, and outlying
areas that offer full-day kindergarten programs; and
(2) assesses the availability of such programs to
individuals in each such entity.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years 2024 through
2029.
SEC. 7. DEFINITIONS.
In this section:
(1) ESEA terms.--The terms ``local educational agency'' and
``outlying area'' have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(4) Tribe; tribal organization.--The terms ``Indian tribe''
and ``tribal organization'' have the meanings given such terms
in section 5212 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2511).
<all>
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118HR2426 | Find and Protect Foster Youth Act | [
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"B00129... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2426 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2426
To amend part E of title IV of the Social Security Act to require the
Secretary of Health and Human Services to identify obstacles to
identifying and responding to reports of children missing from foster
care and other vulnerable foster youth, to provide technical assistance
relating to the removal of such obstacles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Tony Gonzales of Texas (for himself, Ms. Brown, Mrs. Houchin, Ms.
Moore of Wisconsin, Mr. Bacon, Ms. Kamlager-Dove, Mr. Newhouse, and Ms.
Scanlon) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act to require the
Secretary of Health and Human Services to identify obstacles to
identifying and responding to reports of children missing from foster
care and other vulnerable foster youth, to provide technical assistance
relating to the removal of such obstacles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Find and Protect Foster Youth Act''.
SEC. 2. ELIMINATING OBSTACLES TO IDENTIFYING AND RESPONDING TO REPORTS
OF CHILDREN MISSING FROM FOSTER CARE AND OTHER VULNERABLE
FOSTER YOUTH.
Section 476 of the Social Security Act (42 U.S.C. 676) is amended
by adding at the end the following:
``(f) Evaluation of Protocols Relating to Children Missing From
Foster Care and Other Vulnerable Youth; Technical Assistance.--
``(1) In general.--The Secretary shall conduct an
evaluation of the protocols established by States in accordance
with the requirements of section 471(a)(35) and, to the extent
applicable, by Indian tribes or tribal organizations (as
defined in section 479B(a)) or tribal consortia with a plan
approved under section 471 in accordance with section 479B.
``(2) Requirements.--The evaluation shall include the
following:
``(A) A review of relevant aspects of reports
submitted by States, Indian tribes, tribal
organizations, and tribal consortia under this part and
part B, and data and other information reported
pursuant to the system established under section 479.
``(B) Analysis of the extent to which States,
Indian tribes, tribal organizations, and tribal
consortia comply with, and enforce, the protocols
required by section 471(a)(35).
``(C) Analysis of the effectiveness of such
protocols.
``(D) Identification of obstacles for States,
Indian tribes, tribal organizations, and tribal
consortia to identifying and responding to reports of
children missing from foster care and other vulnerable
foster youth.
``(E) Identification of best practices for
identifying such children and youth and intervening
with effective services.
``(3) Technical assistance.--The Secretary shall provide
States, Indian tribes, tribal organizations, and tribal
consortia with information, advice, educational materials, and
technical assistance relating to eliminating identified
obstacles to identifying and responding to reports of children
missing from foster care and other vulnerable foster youth and
providing such children and youth with effective services. Such
assistance may include dissemination of--
``(A) processes and tools to identify and examine
risk factors and potential trends related to children
who go missing from foster care and other vulnerable
youth;
``(B) best practices for runaway tracking and
recovery; and
``(C) guidelines for intervention, including with
respect to services, types of providers, and placement
settings.
``(4) Report.--Not later than 5 years after the date of
enactment of this subsection, the Secretary shall submit a
report to Congress on the results of the evaluation conducted
under this subsection and the technical assistance provided in
accordance with paragraph (3).''.
SEC. 3. IMPROVING SCREENING AND ASSESSMENT OF CHILDREN RETURNED TO
FOSTER CARE AFTER GOING MISSING TO DETERMINE WHETHER THEY
WERE, OR ARE AT RISK OF BECOMING, VICTIMS OF SEX
TRAFFICKING.
Section 476 of the Social Security Act (42 U.S.C. 676), as amended
by section 2, is further amended by adding at the end the following:
``(g) Improving Identification of, and Services for, Children Who
Return to Foster Care After Running Away or Otherwise Being Absent From
Foster Care and Who Are, or Are at Risk of Being, Victims of Sex
Trafficking.--
``(1) Assistance.--
``(A) Screening after a return to foster care.--The
Secretary shall provide States, Indian tribes, tribal
organizations, and tribal consortia, with information,
advice, educational materials, and technical assistance
to improve compliance with section 471(a)(35)(A)(iii).
``(B) Improving other requirements.--The
information, advice, educational materials, and
technical assistance provided may include information,
advice, educational materials, and technical assistance
to improve or modify policies and procedures (including
relevant training for caseworkers) developed by States,
Indian tribes, tribal organizations, and tribal
consortia under section 471(a)(9)(C), including the
following:
``(i) Identifying, through screening,
whether the State has reasonable cause to
believe the child or youth is, or is at risk of
being, a victim of sex trafficking.
``(ii) Documenting the results of such
screening in agency records.
``(iii) Determining appropriate services
for a child or youth for whom the State
determines there is reasonable cause to
identify the child or youth as a victim of sex
trafficking, or as at risk of being a victim of
sex trafficking.
``(iv) Documenting in agency records the
determination of appropriate services for a
child or youth described in clause (iii).
``(2) Forms of assistance.--The assistance provided under
this subsection shall include the following:
``(A) Assisting States, Indian tribes, tribal
organizations, and tribal consortia, with developing
oversight mechanisms to assess their compliance with
section 471(a)(35)(A)(iii).
``(B) Assisting States, Indian tribes, tribal
organizations, and tribal consortia in developing--
``(i) assessments for screening children
who return to foster care after running away or
otherwise being absent from foster care for
risk of becoming victims of sex trafficking;
and
``(ii) effective and robust policies
relating to the use of the assessments.
``(C) Working with States, Indian tribes, tribal
organizations, and tribal consortia to improve or
modify policies and procedures developed under section
471(a)(9)(C).
``(D) Providing technical assistance on how States,
Indian tribes, tribal organizations, and tribal
consortia may best use data collected pursuant to
section 479 for oversight of, and to ensure compliance
with, the requirements of paragraphs (9)(C) and
(35)(A)(iii) of section 471(a).
``(3) Consultation.--The Secretary shall, to the extent
practicable, consult with internal and external offices with
expertise on sex trafficking, including the Office on
Trafficking in Persons of the Administration for Children and
Families, on the development and dissemination to States,
Indian tribes, tribal organizations, and tribal consortia of
the assistance required under this subsection.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act for fiscal year 2023, which
shall remain available through fiscal year 2027.
<all>
</pre></body></html>
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118HR2427 | Hmong Congressional Gold Medal Act | [
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"J0002... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2427 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2427
To award a Congressional Gold Medal to the Hmong people, in recognition
of their highly distinguished service in the Vietnam war and the fight
against communism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Grothman (for himself, Mr. Duarte, Mr. Zinke, Mr. LaMalfa, Mr.
Johnson of Louisiana, Mr. Harris, Mr. Hudson, Mr. Bergman, Mr. Baird,
Ms. Hageman, Mr. Comer, Mr. Carter of Texas, Mr. Johnson of South
Dakota, Mr. Mooney, Ms. Granger, Mr. Hill, Ms. Tenney, Ms. Moore of
Wisconsin, Mr. Gallagher, Mr. Higgins of Louisiana, Mr. Tiffany, Mr.
Steil, Mr. Fitzgerald, Mr. Buck, Mr. Bacon, Mrs. Miller of West
Virginia, Mrs. Lesko, Mr. Nehls, Mr. Correa, Mrs. Torres of California,
Mr. Vargas, Mr. Hunt, Ms. Brownley, Mr. Fallon, Mr. Westerman, Mr. Van
Orden, Mr. Pocan, Mr. Reschenthaler, Mr. Bost, Mr. Valadao, Mr.
Thompson of Pennsylvania, Mr. Fry, Mr. Fitzpatrick, Mr. Lamborn, Mr.
Kiley, Mr. Costa, Ms. Porter, Mrs. Steel, and Mr. Owens) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on House Administration, 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 award a Congressional Gold Medal to the Hmong people, in recognition
of their highly distinguished service in the Vietnam war and the fight
against communism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hmong Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As the Vietnam war spread south and west into Laos, the
Central Intelligence Agency recruited and trained Hmong
tribesmen to fight back against the communist North Vietnamese
and Pathet Lao.
(2) Over 30,000 Hmong men fought the ground war, flew
combat missions, gathered intelligence on North Vietnamese
troop movements, interrupted the Ho-Chi-Min Supply Trail, and
rescued American pilots downed behind enemy lines.
(3) The Hmong people suffered heavy casualties, and their
soldiers died at a rate ten times as high as that of American
soldiers in Vietnam.
(4) Following the Vietnam war, many Hmong were displaced
from their villages as they were either bombed or burned down
by the North Vietnamese and over 150,000 Hmong fled Laos when
the nation fell to communist forces on May 14, 1975.
(5) Due to their ties to the American military, many Hmong
who fled Laos came to the United States as refugees to start a
new life.
(6) Currently, there are over 327,000 Hmong living in the
United States, with the majority residing in California,
Minnesota, and Wisconsin.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to the Hmong people, in
recognition of their highly distinguished service in the Vietnam war
and the fight against communism.
(b) Design and Striking.--For the purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury (referred
to in this Act as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be available for
display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Hmong people's service in the Vietnam war, and that preference
should be given to locations affiliated with the Smithsonian
Institution.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
<all>
</pre></body></html>
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118HR2428 | Minorities in Aviation Education Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2428
To direct the Secretary of Transportation to establish a grant program
to improve the preparation and representation of certain students in
aviation-related fields, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Johnson of Georgia (for himself, Mr. Payne, Ms. Moore of Wisconsin,
Ms. Lee of California, Mr. Bishop of Georgia, Ms. Scanlon, Ms. Jackson
Lee, Mr. Casten, Mr. Nadler, Mr. Carson, Mr. Espaillat, Ms. Wilson of
Florida, Ms. Norton, Ms. Williams of Georgia, Mr. Carter of Louisiana,
Ms. Crockett, and Mrs. Watson Coleman) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a grant program
to improve the preparation and representation of certain students in
aviation-related fields, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minorities in Aviation Education Act
of 2023''.
SEC. 2. BESSIE COLEMAN AVIATION EDUCATION PROGRAM.
(a) In General.--The Secretary of Transportation shall establish
the Bessie Coleman Aviation Education Program to provide grants to
eligible entities to improve the preparation and representation of
students, particularly women and minorities, in aviation-related
fields.
(b) Authorized Activities.--A grant awarded under this section may
only be used for activities that increase exposure and access to
aviation-related education and jobs through such means as--
(1) internships, apprenticeships, or scholarships that
offer students experience in the aviation industry;
(2) programs that introduce students to unmanned aircraft
systems (as the term is defined in section 44801 of title 49,
United States Code);
(3) career exploration and educational programs that teach
technical skills used in aviation maintenance, or to improve
existing such programs; and
(4) programs to increase the recruitment and retention of
underrepresented minorities in postsecondary aviation degree
programs.
(c) Application and Review Procedures.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require, including a description of how grant
funds will be used to increase exposure and access to aviation-
related education and jobs.
(2) Priority.--In reviewing and selecting applications for
grants under this section, the Secretary shall give priority to
applicants that propose to use grant funds to encourage the
participation of women, minorities, and individuals in rural
and urban areas in the aviation industry.
(3) Partnership with other entities.--An eligible entity
may enter into a partnership agreement with an institution of
higher education, a nonprofit organization, or another entity,
to carry out activities with a grant awarded under this
section.
(d) Grant Amount.--The maximum amount of a grant awarded under this
section in a fiscal year shall be $500,000.
(e) Definitions.--In this subsection:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) a State educational agency; and
(C) a State or local government.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023, 2024, 2025, 2026, and 2027.
<all>
</pre></body></html>
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118HR2429 | Open Access Evapotranspiration Data Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2429 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2429
To establish the Open Access Evapotranspiration (OpenET) Data Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mrs. Lee of Nevada (for herself, Mr. Stewart, Mr. Huffman, and Mr.
Owens) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Open Access Evapotranspiration (OpenET) Data Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Access Evapotranspiration Data
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Evapotranspiration.--The term ``evapotranspiration'' or
``ET'' means the process by which water is transferred from the
land to the atmosphere by--
(A) evaporation from soil and other surfaces; and
(B) transpiration from plants.
(2) Program.--The term ``Program'' means the Open Access
Evapotranspiration (OpenET) Data Program established under
section 4(a).
(3) Program partner.--The term ``Program partner'' means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) any other entity determined to be appropriate
by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 3. FINDINGS.
Congress finds that--
(1) evapotranspiration is the second largest component of
the water budget, which is an accounting of the allocation of
water resources to various water uses;
(2) evapotranspiration is a measure of the water that is
consumed and lost from a water system, removed from available
supplies, and unavailable for other uses within a watershed;
(3) accurate information on evapotranspiration is required
to balance water supply and water demand in a watershed and
ensure that adequate water supplies for beneficial uses are
available over time;
(4) water users and managers are impeded in more efficient
decision making by--
(A) the lack of consistent and comprehensive water
use data; and
(B) the fact that access to existing data is often
limited and cost-prohibitive; and
(5) evapotranspiration data may be applied for the purposes
of--
(A) assisting users and decisionmakers to better
manage resources and protect financial viability of
farm operations during drought;
(B) developing more accurate water budgets and
innovative management programs to better promote
conservation and sustainability efforts; and
(C) employing greater groundwater management
practices and understanding impacts of consumptive
water use.
SEC. 4. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA PROGRAM.
(a) Establishment.--The Secretary shall establish a program to be
known as the ``Open Access Evapotranspiration (OpenET) Data Program''
under which the Secretary shall provide for the delivery of satellite-
based evapotranspiration data, as available, supported by other ET
methods--
(1) to advance the quantification of evaporation and
consumptive water use; and
(2) to provide data users with estimates of
evapotranspiration data across large landscapes over certain
periods of time, with a priority for Landsat scale (30-100m)
when available.
(b) Purpose.--The purpose of the Program is to support the
operational distribution of satellite-based evapotranspiration data
generated under the Program to sustain and enhance water resources in
the United States.
(c) Duties.--In carrying out the Program, the Secretary shall--
(1) evaluate, use, and modify sources of satellite-based
evapotranspiration data, supported by other ET methods, based
on best available science and technologies; and
(2) coordinate and consult with--
(A) the heads of other relevant Federal agencies,
including--
(i) the Commissioner of Reclamation;
(ii) the Administrator of the National
Aeronautics and Space Administration;
(iii) the Administrator of the National
Oceanic and Atmospheric Administration;
(iv) the Administrator of the Agricultural
Research Service; and
(v) the Chief of the Natural Resources
Conservation Service; and
(B) Program partners.
(d) Components.--In carrying out the Program, the Secretary shall,
in coordination with other relevant agencies, carry out activities to
develop, maintain, establish, expand, or advance delivery of satellite-
based evapotranspiration data, supported by other ET methods, to
advance the quantification of evaporation and consumptive water use,
with an emphasis on carrying out activities that--
(1) support the development and maintenance of
evapotranspiration data and software systems and associated
research and development in a manner that ensures that Program
data are reflective of the best available science, including by
providing support to Program partners, or coordinating
activities with other programs within the Department of the
Interior, that have developed and are maintaining
evapotranspiration software systems and datasets;
(2) demonstrate or test new and existing evapotranspiration
measurement technology;
(3) improve evapotranspiration measurement science and
technology; and
(4) develop or refine the application of satellite-based
evapotranspiration data available to Federal agencies, States,
and Indian Tribes, including programs within both the Water
Resources and Core Science Systems divisions of the United
States Geological Survey. These may include--
(A) the Water Availability and Use Science Program,
the National Water Census, and Integrated Water
Availability Assessments; and
(B) the National Land Imaging Program, the Land
Change Science Program, and the Science Analytics and
Synthesis Program.
(e) Water Use and Availability of Program Data.--The Secretary--
(1) shall incorporate, to the maximum extent practicable,
program information and data for purposes of determining
consumptive water use on irrigated or other vegetated
landscapes for use by water resource management agencies;
(2) may continue to coordinate data analyses, use, and
collection efforts with other Federal agencies, States, and
Tribal governments through existing coordinating organizations,
such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team;
and
(3) may provide information collected and analyzed under
the Program to Program partners through appropriate mechanisms,
including through agreements with Federal agencies, States
(including State agencies), or Indian Tribes, leases,
contracts, cooperative agreements, grants, loans, and memoranda
of understanding.
(f) Cooperative Agreements.--The Secretary shall--
(1) enter into cooperative agreements with Program partners
to provide for the efficient and cost-effective administration
of the Program, including through cost sharing or by providing
additional in-kind resources necessary to carry out the
Program; and
(2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities under
this section, in consultation with Program partners.
(g) Environmental Laws.--Nothing in this Act modifies any
obligation of the Secretary to comply with applicable Federal and State
environmental laws in carrying out this Act.
SEC. 5. REPORT.
Not later than 5 years after the date of the enactment of this Act,
the Secretary shall submit to the Committees on Energy and Natural
Resources, Agriculture, Nutrition, and Forestry, and Appropriations of
the Senate and the Committees on Natural Resources, Agriculture, and
Appropriations of the House of Representatives a report that includes--
(1) a status update on the operational incorporation of
Program data into modeling, water planning, and reporting
efforts of relevant Federal agencies; and
(2) a list of Federal agencies and Program partners that
are applying Program data to beneficial use, including a
description of examples of beneficial uses.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $23,000,000 for each of fiscal years 2024 through 2028, to
remain available until expended.
<all>
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"N000147... | <p><b>Emergency and Disaster Preparedness for Farm Animals Act </b></p> <p>This bill requires producers to develop disaster preparedness plans that include adverse weather plans to be eligible for livestock indemnity payments and emergency loans due to adverse weather under certain agricultural disaster assistance programs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 243 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 243
To amend the Agricultural Act of 2014 and the Consolidated Farm and
Rural Development Act to require producers to establish disaster
preparedness plans to be eligible for certain disaster assistance
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Cohen (for himself, Mr. Blumenauer, Mr. Carson, Mr. Doggett, Ms.
Norton, and Ms. Titus) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Act of 2014 and the Consolidated Farm and
Rural Development Act to require producers to establish disaster
preparedness plans to be eligible for certain disaster assistance
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency and Disaster Preparedness
for Farm Animals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American farms continue to experience devastating
impacts from extreme weather events that have resulted in the
death of millions of livestock and poultry in recent years.
(2) During 2020 and 2021, the United States experienced a
record-breaking hurricane season, record-breaking heat waves
and the hottest month on record, a record-breaking wildfire
season, and record-breaking droughts across the county.
(3) Extreme weather events continue to become more frequent
and severe, putting the country's agriculture operations and
livestock herds at increased risk.
(4) To help producers recover from weather-related losses,
numerous Federal disaster assistance programs have been
established that provide significant funding to compensate
producers each year, but do not require emergency planning.
(5) Leading agricultural and animal health entities,
including the Department of Agriculture, the American
Veterinary Medical Association, and the World Organisation for
Animal Health, as well as the Federal Emergency Management
Agency, all recognize the importance of emergency planning and
recommend the development of disaster preparedness plans on
farms to help mitigate the impacts of extreme weather.
(6) As we continue to adapt to a rapidly changing climate,
emergency planning requirements are necessary to help ensure
farmers are prepared, financial losses are reduced, and farm
animals are protected.
SEC. 3. DISASTER PREPAREDNESS PLANS REQUIRED UNDER CERTAIN DISASTER
ASSISTANCE PROGRAMS.
(a) Livestock Indemnity Payments.--Section 1501(b) of the
Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended--
(1) in paragraph (1)(B), by inserting ``(other than a
disaster preparedness plan under paragraph (5))'' after
``management practice''; and
(2) by adding at the end the following:
``(5) Special rule for payments due to adverse weather.--
``(A) In general.--An eligible producer may only
receive a payment under this subsection for a loss
described in paragraph (1)(B) if--
``(i) on a date before the 180-day period
preceding such loss, the eligible producer
submitted to the Secretary, acting through the
Administrator of the Farm Service Agency, an
initial disaster preparedness plan;
``(ii) in the case of a disaster
preparedness plan that was submitted to the
Secretary on a date before the 2-year period
preceding such loss, the producer submitted a
renewal of such plan during such 2-year period;
and
``(iii) not later than 30 days after such
loss is incurred, the eligible producer
provides to the Secretary a description of how
the most recently submitted disaster
preparedness plan was implemented on the farm
to attempt to prevent such loss.
``(B) Elements.--For purposes of subparagraph (A),
a disaster preparedness plan shall include--
``(i) an adverse weather plan for each
potential adverse weather event (based on the
region the applicable farm is located and size
of the farm) for each species of livestock on
the farm; and
``(ii) such other information as the
Secretary may require.
``(C) Publication.--The Secretary shall make the
plans received by the Secretary under subparagraph
(A)(i) available to State or local agencies upon
request.''.
(b) Consolidated Farm and Rural Development Act.--Section 333 of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1983) is
amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) in the case of an emergency loan to replace livestock
lost due to a natural disaster or major disaster or emergency
designated by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), require the applicant to develop a disaster preparedness
plan that includes an adverse weather plan for each potential
adverse weather event (based on the region the applicable farm
is located and size of the farm) for each species of livestock
on the farm.''.
(c) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 1 year after the date of
the enactment of this Act.
<all>
</pre></body></html>
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