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118HR2610 | To amend the Securities Exchange Act of 1934 to specify certain registration statement contents for emerging growth companies, to permit issuers to file draft registration statements with the Securities and Exchange Commission for confidential review, and for other purposes. | [
[
"M001156",
"Rep. McHenry, Patrick T. [R-NC-10]",
"sponsor"
]
] | <p>This bill revises requirements related to registration statements submitted to the Securities and Exchange Commission (SEC). First, the bill requires an emerging growth company to submit profit and loss statements from the previous 2 years, rather than the previous 3 years as under current law. In addition, the bill allows an issuer of securities to submit a draft registration statement to the SEC for confidential review prior to a public filing. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2610 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2610
To amend the Securities Exchange Act of 1934 to specify certain
registration statement contents for emerging growth companies, to
permit issuers to file draft registration statements with the
Securities and Exchange Commission for confidential review, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. McHenry introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to specify certain
registration statement contents for emerging growth companies, to
permit issuers to file draft registration statements with the
Securities and Exchange Commission for confidential review, 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. REGISTRATION STATEMENTS.
Section 12(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(b)) is amended--
(1) in paragraph (1)(K), by striking ``years,'' and
inserting ``years (or, in the case of an emerging growth
company, not more than the two preceding years),''; and
(2) by adding at the end the following:
``Any issuer may confidentially submit to the Commission a draft
registration statement for confidential nonpublic review by the staff
of the Commission prior to public filing, provided that the initial
confidential submission and all amendments thereto shall be publicly
filed with the Commission not later than 10 days before the issuer's
requested date of effectiveness of the registration statement.
Notwithstanding any other provision of this title, the Commission shall
not be compelled to disclose any information provided to or obtained by
the Commission pursuant to this subsection. For purposes of section 552
of title 5, this subsection shall be considered a statute described in
subsection (b)(3)(B) of such section 552. Information described in or
obtained pursuant to this subsection shall be deemed to constitute
confidential information for purposes of section 24.''.
<all>
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118HR2611 | Eliminating Paperwork for Startups Act | [
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] | <p><strong>Eliminating Paperwork for Startups Act</strong></p> <p>This bill requires the Internal Revenue Service to allow the election relating to property transferred in connection with services (i.e., to include in gross income the amount of such property in the year of transfer) to be made in electronic form.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2611 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2611
To amend the Internal Revenue Code of 1986 to require the Secretary of
the Treasury to permit an election relating to property transferred in
connection with services to be made in electronic form.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. McHenry (for himself, Mr. Smith of Nebraska, Ms. Velazquez, and Ms.
DelBene) 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 require the Secretary of
the Treasury to permit an election relating to property transferred in
connection with services to be made in electronic form.
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 ``Eliminating Paperwork for Startups
Act''.
SEC. 2. ELECTRONIC FILING OF ELECTION RELATING TO PROPERTY TRANSFERRED
IN CONNECTION WITH SERVICES.
(a) In General.--Section 83(b)(2) of the Internal Revenue Code of
1986 is amended by inserting ``(except that such election may be made
in electronic form)'' after ``in such manner as the Secretary
prescribes''.
(b) Confirmation.--In the case of any election under section 83(b)
of the Internal Revenue Code of 1986 which is made in electronic form,
the Secretary of the Treasury shall ensure that a confirmation of such
election is sent in electronic form to the person making such election.
(c) Effective Date.--The amendment made by this Act shall apply to
elections made after the date that is 180 days after the date of the
enactment of this Act.
<all>
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118HR2612 | Gig Worker Equity Compensation Act | [
[
"M001156",
"Rep. McHenry, Patrick T. [R-NC-10]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2612 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2612
To require the Securities and Exchange Commission to extend exemptions
for securities offered as part of employee pay to other individuals
providing goods for sale, labor, or services for remuneration, to
preempt certain provisions of State law with respect to wage rates and
benefits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. McHenry introduced the following bill; which was referred to the
Committee on Financial Services, 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 require the Securities and Exchange Commission to extend exemptions
for securities offered as part of employee pay to other individuals
providing goods for sale, labor, or services for remuneration, to
preempt certain provisions of State law with respect to wage rates and
benefits, 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 ``Gig Worker Equity Compensation
Act''.
SEC. 2. EXTENSION OF RULE 701.
(a) In General.--The exemption provided under section 230.701 of
title 17, Code of Federal Regulations, shall apply to individuals
(other than employees) providing goods for sale, labor, or services for
remuneration to either an issuer or to customers of an issuer to the
same extent as such exemptions apply to employees of the issuer. For
purposes of the previous sentence, the term ``customers'' may, at the
election of an issuer, include users of the issuer's platform.
(b) Adjustment for Inflation.--The Securities and Exchange
Commission shall annually adjust the dollar figure under section
230.701(e) of title 17, Code of Federal Regulations, to reflect the
percentage change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department of Labor.
(c) Rulemaking.--The Securities and Exchange Commission--
(1) shall revise section 230.701 of title 17, Code of
Federal Regulations, to reflect the requirements of this
section; and
(2) may not revise such section 230.701 in any manner that
would have the effect of restricting access to equity
compensation for employees or individuals described under
subsection (a).
SEC. 3. PREEMPTION OF CERTAIN PROVISIONS OF STATE LAW.
Any provision of a State law with respect to wage rates or benefits
that creates a presumption that an individual providing goods for sale,
labor, or services for remuneration for a person is an employee of such
person under such law is preempted.
SEC. 4. GAO STUDY.
Not later than the end of the 3-year period beginning on the date
of enactment of this Act, the Comptroller General of the United States
shall carry out a study on the effects of this Act and submit a report
on such study to the Congress.
<all>
</pre></body></html>
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118HR2613 | Communities Before Air Tourism Act | [
[
"M001226",
"Rep. Menendez, Robert [D-NJ-8]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2613 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2613
To amend title 49, United States Code, to require that a voluntary
agreement with respect to commercial air tour operations over a
national park considers the well-being of communities overflown by
aircraft involved in such operations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Menendez introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require that a voluntary
agreement with respect to commercial air tour operations over a
national park considers the well-being of communities overflown by
aircraft involved in such operations, 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 ``Communities Before Air Tourism
Act''.
SEC. 2. PARK PROTECTION.
Section 40128(b)(7) of title 49, United States Code, is amended--
(1) in subparagraph (B) by striking ``or the air traffic
control system'' and inserting ``, the air traffic control
system, or the well-being of communities overflown by aircraft
involved in such commercial air tour operations''; and
(2) in subparagraph (C) by inserting ``any community whose
lands are, or may be, and'' before ``any Indian tribe''.
<all>
</pre></body></html>
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118HR2614 | Working Families Task Force Act of 2023 | [
[
"M001226",
"Rep. Menendez, Robert [D-NJ-8]",
"sponsor"
]
] | <p><b>Working Families Task Force Act of 2023</b></p> <p>This bill requires the Department of Labor to establish an interagency task force to report on, and make recommendations for improving, the standard of living and quality of life for working families. Labor must consult with specified departments, including the Departments of Agriculture, Commerce, and Transportation, on the task force.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2614 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2614
To establish a national task force to expand opportunities and improve
the standard of living for working families in America.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Menendez introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Financial Services, Ways and Means, 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 establish a national task force to expand opportunities and improve
the standard of living for working families in America.
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 ``Working Families Task Force Act of
2023''.
SEC. 2. INTERAGENCY TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Labor, in consultation with the
Secretaries of Health and Human Services, Education, Housing and Urban
Development, Commerce, the Treasury, Transportation, and Agriculture,
shall establish an Interagency National Task Force on Working Families
(in this Act referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of not fewer than
10 members and shall include representatives designated by the relevant
Secretaries from each of the following Federal agencies:
(1) The Department of Labor.
(2) The Department of Health and Human Services.
(3) The Department of Education.
(4) The Department of Housing and Urban Development.
(5) The Department of Commerce.
(6) The Department of the Treasury.
(7) The Department of Transportation.
(8) The Department of Agriculture.
(c) Meetings.--
(1) In general.--The Task Force shall meet not less than 1
time per quarter per calendar year.
(2) Quorum.--Two-thirds of the members of the Task Force
shall constitute a quorum.
(d) Purpose.--The purpose of the Task Force shall be to--
(1) examine the challenges facing working families; and
(2) issue recommendations to improve the standard of living
and quality of life for working families.
(e) Duties.--The duties of the Task Force shall include the
following:
(1) Identifying and evaluating key factors that impact the
standard of living and quality of life for working families,
including--
(A) addressing affordability challenges related to
various economic conditions, including inflation;
(B) improving access to quality jobs with livable
wages and strong labor standards;
(C) expanding affordable child care for all
families;
(D) improving incentives, including tax policies
such as the child tax credit and earned income tax
credit, that assist children and families;
(E) supporting home care and medical care for
seniors and families that need assistance;
(F) accessing quality, affordable housing;
(G) reducing barriers to economic mobility;
(H) expanding educational and workforce training
opportunities; and
(I) increasing financial literacy and access to
financial services.
(2) Assessing the effectiveness of current Federal policies
and programs in helping working families achieve an improved
standard of living and quality of life.
(3) Developing policy recommendations to enhance the
efforts of Federal agencies and Congress to empower working
families to meet the challenges of current economic conditions,
raise their standards of living, and access the benefits of
economic growth.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Task Force shall
submit to the appropriate congressional committees a report on its most
recent findings and recommendations.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means each of the
following:
(1) The Committee on Education and the Workforce of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(2) The Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) The Committee on Financial Services of the House of
Representatives, and the Committee on Finance of the Senate.
(4) The Committee on Energy and Commerce of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate.
(5) The Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
<all>
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118HR2615 | No Taxation on PFAS Remediation Act | [
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] | <p> <strong>No Taxation on PFAS Remediation Act </strong></p> <p>This bill excludes from gross income, for income tax purposes, reimbursements for remediation of contamination by a perfluoroalkyl or polyfluoroalkyl substance.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2615 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2615
To amend the Internal Revenue Code of 1986 to exclude PFAS remediation
reimbursements from gross income.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Pappas 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 exclude PFAS remediation
reimbursements from gross income.
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 Taxation on PFAS Remediation
Act''.
SEC. 2. EXCLUSION OF PFAS REMEDIATION REIMBURSEMENTS FROM GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139I the following new section:
``SEC. 139J. PFAS REMEDIATION REIMBURSEMENTS.
``Gross income shall not include any amounts received by the
taxpayer during the taxable year which are attributable to a
reimbursement for remediation of contamination by a perfluoroalkyl or
polyfluoroalkyl substance.''.
(b) Clerical Amendment.--The table of sections for such part III is
amended by inserting after the item relating to section 139I the
following new item:
``Sec. 139J. PFAS remediation reimbursements.''.
(c) Effective Date.--The amendments made by this section shall
apply to reimbursements made in taxable years beginning after December
31, 2021.
<all>
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118HR2616 | Stop the Import of Fentanyl Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2616 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2616
To establish a National Center to Stop the Import of Illicit Synthetic
Drugs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Pettersen (for herself and Mrs. Beatty) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a National Center to Stop the Import of Illicit Synthetic
Drugs.
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 ``Stop the Import of Fentanyl Act of
2023''.
SEC. NATIONAL CENTER TO STOP THE IMPORT OF ILLICIT SYNTHETIC DRUGS.
(a) Establishment.--There is within the Drug Enforcement
Administration a National Center to Stop the Import of Illicit
Synthetic Drugs (hereinafter referred to as the ``National Center'').
(b) Director of National Center To Stop the Import of Illicit
Synthetic Drugs.--
(1) In general.--There is a Director of the National
Center, who shall be the head of the National Center, and who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) No simultaneous appointment.--The Director of the
National Center may not simultaneously serve in any other
capacity in the executive branch.
(c) Report and Briefing Required.--
(1) Report required.--Not later than 90 days after date of
enactment of this Act, and annually thereafter, the Director of
the National Center shall submit to the Administrator of the
Drug Enforcement Administration a report including--
(A) an overview of how synthetic drugs come into
the United States;
(B) a strategic plan of action on each of its
primary missions under subsection (d); and
(C) identification of necessary resources from
agencies and Congress to accomplish the primary
missions under subsection (d).
(2) Brief required.--Not later than 90 days after date of
enactment of this Act, and annually thereafter, the Director of
the National Center shall provide a brief to Congress on the
report required under paragraph (1).
(d) Primary Missions.--The primary missions of the National Center
shall be as follows:
(1) To serve as the primary organization in the United
States Government for analyzing, tracking, and halting the
movement of synthetic drugs domestically, particularly as it
relates to the trafficking of fentanyl, fentanyl analogues, and
precursor chemicals to produce fentanyl.
(2) To serve as the primary organization in the United
States Government for tracking the movements of persons
trafficking in the synthetic drug trade in the United States
and overseas through intelligence gathering, in cooperation
with other agencies, including:
(A) The Drug Enforcement Administration.
(B) The Department of Justice.
(C) The Department of State.
(D) The Federal Bureau of Investigations.
(E) The Internal Revenue Service.
(F) The Department of the Treasury.
(G) The National Security Agency.
(H) The Central Intelligence Agency.
(I) The United States Postal Service.
(J) The Department of Homeland Security.
(K) The United States Customs and Border Patrol.
(L) The Office of National Drug Control Policy.
(M) The Office of the Director of National
Intelligence.
(3) To collect and share information with the agencies
identified under paragraph (2) to identify and disrupt the
movement of fentanyl from an original source to a consumer.
(4) To develop a strategic plan to lead agencies, as
appropriate, in the execution of efforts to break up the
synthetic drug trade, including assigning roles and
responsibilities to such agencies.
(5) To ensure that agencies, as appropriate, have access to
and receive information from other agencies, needed to execute
their efforts to break up the synthetic drug trade or perform
independent, alternative analysis of the synthetic drug trade.
(6) To ensure that agencies have access to and receive
intelligence needed to accomplish any activities assigned to
such agency pursuant to this subsection.
(7) To serve as the central and shared knowledge bank on
known and suspected drug trafficking organizations, both
foreign and domestic, including such organization's strategies,
capabilities, and networks of contacts and support.
(8) To trace the sale proceeds of the synthetic drug trade,
to identify the interests of drug trafficking organizations and
persons trafficking in the synthetic drug trade and reveal any
network that facilities such trade.
(e) Duties and Responsibilities of Director.--The Director shall:
(1) Serve in the President's cabinet as the principal
advisor to the President on the synthetic drug trade.
(2) Provide strategic operational plans for efforts of the
United States Government to effectively break up the synthetic
drug trade, both foreign and domestic.
(3) Advise the Secretary of State on intelligence gathered
related to the synthetic drug trade in foreign countries.
(4) Support relevant agencies in their efforts to break up
the synthetic drug trade.
(5) Testify before the appropriate Congressional committees
annually.
(f) Rule of Construction.--Nothing in this Act shall be construed
to limit the action of any person acting in compliance with State law
relating to the manufacture, production, possession, distribution,
dispensation, administration, or delivery of cannabis.
(g) Sunset.--
(1) In general.--The National Center shall terminate on the
date that is five years after the date of the enactment of this
Act.
(2) Additional time period.--The President may authorize
the National Center to operate for an additional two years
after the date of termination under paragraph (1).
(h) Definitions.--In this section:
(1) Agency.--The term ``agency'' shall have the meaning
given such term in section 551 of title 5, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the--
(A) Financial Services Committee of the House of
Representatives;
(B) Committee on Energy and Commerce of the House
of Representatives;
(C) Committee on Foreign Affairs of the House of
Representatives; and
(D) Committee on Homeland Security of the House of
Representatives.
(3) Drug trafficking organization.--The term ``drug
trafficking organization'' means a complex organization with
highly defined command-and-control structures that produce,
transport, or distribute large quantities of one or more
synthetic drugs.
(4) Persons trafficking in the synthetic drug trade.--The
term ``persons trafficking in the synthetic drug trade'' means
a person that plays a role in the synthetic drug trade.
(5) Synthetic drug trade.--The term ``synthetic drug
trade'' means any illicit activity to cultivate, produce,
manufacture, distribute, sell, finance, or transport synthetic
drugs, or otherwise endeavor or attempt to do so, or to assist,
abet, conspire, or collude with others to do so.
<all>
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118HR2617 | Choices for Stranded Passengers Act of 2023 | [
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
"sponsor"
]
] | <p><b>Choices for Stranded Passengers Act of 2023</b></p> <p>This bill requires air carriers (including foreign air carriers) that cause a significant flight delay or cancellation to provide, in certain circumstances, passengers with alternative transportation.</p> <p>For the purposes of this bill, a domestic flight is considered significantly delayed when the departure or arrival has changed by three or more hours; an international flight to or from the United States is significantly delayed at six or more hours. Further, a qualifying flight is a scheduled flight in an aircraft designed for 31 passenger seats or more.</p> <p>Under the bill, an air carrier that has caused a significant delay or cancellation to a qualifying flight must provide a passenger with an alternative flight on another air carrier at no additional charge if that alternative flight would arrive at the destination before the original flight or before another flight by the original air carrier.</p> <p>This requirement does not apply if the passenger voluntarily chooses (1) to accept alternative ground transportation, provided at no additional charge by the air carrier; or (2) not to travel to the original destination and the air carrier promptly provides a full cash refund for the ticket cost and fees.</p> <p>Passengers must be informed of their rights under this bill when booking a ticket and at the time such a delay or cancellation occurs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2617 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2617
To amend title 49, United States Code, to require air carriers to
provide passengers experiencing a delay or cancellation with
alternative transportation on another air carrier.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Porter introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require air carriers to
provide passengers experiencing a delay or cancellation with
alternative transportation on another air carrier.
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 ``Choices for Stranded Passengers Act
of 2023''.
SEC. 2. PROVISION OF ALTERNATIVE AIR CARRIER TRANSPORTATION FOR DELAYS
OR CANCELLATIONS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41727. Provision of alternative air carrier transportation for
delays or cancellations
``(a) Alternative Transportation.--An air carrier or foreign air
carrier shall provide a passenger on scheduled air transportation in an
aircraft designed for 31 passenger seats or greater whose flight
experiences a controllable significant delay or cancellation with
alternate transportation on another air carrier or foreign air carrier
at no additional charge in any case in which the passenger would reach
the originally ticketed destination earlier than on--
``(1) the ticketed flight; or
``(2) another flight provided by the air carrier or foreign
air carrier.
``(b) Exclusions.--Subsection (a) shall not apply if the ticketed
passenger voluntarily chooses--
``(1) alternative ground transportation, provided at no
additional charge by the applicable air carrier or foreign air
carrier; or
``(2) if such passenger chooses not to travel to the
originally ticketed destination, a full cash refund for the
ticket, including any ancillary fees, paid promptly, as
determined by the Secretary.
``(c) Passenger Rights.--Air carriers, foreign air carriers, and
ticket agents shall ensure that the rights of a passenger pursuant to
this section are--
``(1) clear and conspicuous to the passenger at the time of
booking; and
``(2) in the case of an air carrier or foreign air carrier,
in written communication at the time a flight experiences a
controllable significant delay or cancellation.
``(d) Definitions.--In this section:
``(1) Controllable significant delay or cancellation.--The
term `controllable significant delay or cancellation' means a
significant delay or cancellation that is caused by an air
carrier or foreign air carrier.
``(2) Significant delay.--In this section, the term
`significant delay' means, with respect to air transportation,
the departure or arrival at the originally ticketed destination
associated with such transportation has changed--
``(A) in the case of air transportation within the
United States, by 3 or more hours; or
``(B) in the case of air transportation to or from
a location outside the United States, by 6 or more
hours.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
417 of title 49, United States Code, is amended by adding at the end
the following:
``41727. Provision of alternative air carrier transportation for delays
or cancellations.''.
<all>
</pre></body></html>
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118HR2618 | Federal Aviation Administration Engagement and Transparency Act | [
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2618 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2618
To require the Comptroller General of the United States to conduct a
study on the response time of the Administrator of the Federal Aviation
Administration to requests from Members of Congress, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Porter introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to conduct a
study on the response time of the Administrator of the Federal Aviation
Administration to requests from Members of Congress, 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 Aviation Administration
Engagement and Transparency Act''.
SEC. 2. GAO STUDY ON FAA RESPONSIVENESS TO CONGRESS.
(a) GAO Study.--The Comptroller General of the United States shall
conduct a study on--
(1) the level of responsiveness of the Administrator of the
Federal Aviation Administration to a request for information
from a Member of Congress, including a written congressional
inquiry and staffing a meeting at the request of such a Member;
and
(2) the average timeframe responses are provided to the
requests described in paragraph (1).
(b) Annual Briefing to Congress.--Section 106 of title 49, United
States Code, is amended by adding at the end the following:
``(u) Annual Briefing to Congress.--The Administrator shall
annually brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on--
``(1) the efforts, activities, objectives, and plans of the
Administration; and
``(2) the efforts of the Administration to engage with
Congress and the public.''.
<all>
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118HR2619 | Tax Fairness for Disaster Victims Act | [
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"sponsor"
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"R... | <p> <strong>Tax Fairness for Disaster Victims Act </strong></p> <p>This bill allows individual taxpayers living in a disaster area to use earned income from a preceding taxable year for purposes of calculating the earned income tax credit. The bill applies if current year income is disrupted by a disaster and is less than the income of the preceding taxable year.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2619 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2619
To amend the Internal Revenue Code of 1986 to provide a lookback rule
in the case of certain federally declared disasters for amounts related
to earned income for purposes of determining certain tax credits.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Porter (for herself, Ms. Mace, Mr. Harder of California, and Mr.
Lieu) 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 provide a lookback rule
in the case of certain federally declared disasters for amounts related
to earned income for purposes of determining certain tax credits.
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 ``Tax Fairness for Disaster Victims
Act''.
SEC. 2. LOOKBACK RULE IN CASE OF CERTAIN FEDERALLY DECLARED DISASTERS
FOR AMOUNTS RELATED TO EARNED INCOME FOR PURPOSES OF
DETERMINING CERTAIN TAX CREDITS.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by inserting after subsection (f) the following new subsection:
``(g) Lookback Rule for Determining Amounts Related to Earned
Income in Case of Certain Federally Declared Disasters.--
``(1) In general.--In the case of a qualified individual
who elects the application of this subsection (at such time and
in such manner as the Secretary may provide)--
``(A) if the earned income of the taxpayer for the
taxable year which includes the applicable date is less
than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under this
section and section 24(d) shall be determined by
substituting--
``(i) such earned income for the preceding
taxable year, for
``(ii) such earned income for the taxable
year which includes the applicable date, and
``(B) if the social security taxes of the taxpayer
for the taxable year which includes the applicable date
is less than the social security taxes of the taxpayer
for the preceding taxable year, the credit allowed
under section 24(d) shall be determined by
substituting--
``(i) such social security taxes for the
preceding taxable year, for
``(ii) such social security taxes for the
taxable year which includes the applicable
date.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified individual.--The term `qualified
individual' means any individual whose principal place
of abode on the applicable date was located in a
disaster area with respect to a federally declared
disaster.
``(B) Applicable date.--The term `applicable date'
means, with respect to any federally declared disaster,
the first day of the period specified by the Federal
Emergency Management Agency as the period during which
such disaster occurred.
``(C) Federally declared disaster; disaster area.--
The terms `federally declared disaster' and `disaster'
have the respective meanings given such terms by
section 165(i)(5).
``(D) Social security taxes.--The term `social
security taxes' has the meaning given such term by
section 24(d)(2).
``(3) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return--
``(A) such paragraph shall apply if either spouse
is a qualified individual,
``(B) the earned income of the taxpayer for the
preceding taxable year shall be the sum of the earned
income of each spouse for such preceding taxable year,
and
``(C) the social security taxes of the taxpayer for
the preceding taxable year shall be the sum of the
social security taxes of each spouse for such preceding
taxable year.
``(4) Uniform application of election.--Any election made
under paragraph (1) shall apply for all purposes of paragraph
(1).
``(5) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, this title
shall be applied without regard to any substitution under
paragraph (1).''.
(b) Treatment as Mathematical or Clerical Errors.--Section
6213(g)(2) of such Code is amended by striking ``and'' at the end of
subparagraph (U), by striking the period at the end of subparagraph (V)
and inserting ``, and'', and by inserting after subparagraph (V) the
following new subparagraph:
``(W) an incorrect use of earned income or social
security taxes pursuant to section 32(g).''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations of earned income and social security taxes for
taxable years beginning after the date of the enactment of this Act.
<all>
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118HR262 | ALERT Act of 2023 | [
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"G000595",
"Rep. Good, Bob [R-VA-5]",
"sponsor"
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"Rep. McClintock, Tom [R-CA-5]",
"cosponsor"
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"cosponsor"
],
[
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] | <p><strong>All Economic Regulations are Transparent Act of 2023 or the ALERT Act of 202</strong><b>3</b></p> <p>This bill establishes various reporting requirements with respect to federal agency rulemaking.<br> <br> Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months.<br> <br> The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 262 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 262
To amend title 5, United States Code, to provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rulemakings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Good of Virginia (for himself, Mr. McClintock, Mrs. Miller of
Illinois, and Mr. Moore of Alabama) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on the Judiciary, 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 5, United States Code, to provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rulemakings, 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 ``All Economic Regulations are
Transparent Act of 2023'' or the ``ALERT Act of 2023''.
SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF
INFORMATION RELATING TO RULES.
(a) Amendment.--Title 5, United States Code, is amended by
inserting after chapter 6, the following new chapter:
``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION
OF INFORMATION RELATING TO RULES
``Sec. 651. Agency monthly submission to office of information and
regulatory affairs.
``Sec. 652. Office of information and regulatory affairs publications.
``Sec. 653. Requirement for rules to appear in agency-specific monthly
publication.
``Sec. 654. Definitions.
``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND
REGULATORY AFFAIRS.
``On a monthly basis, the head of each agency shall submit to the
Administrator of the Office of Information and Regulatory Affairs
(referred to in this chapter as the `Administrator'), in such a manner
as the Administrator may reasonably require, the following information:
``(1) For each rule that the agency expects to propose or
finalize during the following year:
``(A) A summary of the nature of the rule,
including the regulation identifier number and the
docket number for the rule.
``(B) The objectives of and legal basis for the
issuance of the rule, including--
``(i) any statutory or judicial deadline;
and
``(ii) whether the legal basis restricts or
precludes the agency from conducting an
analysis of the costs or benefits of the rule
during the rulemaking, and if not, whether the
agency plans to conduct an analysis of the
costs or benefits of the rule during the
rulemaking.
``(C) Whether the agency plans to claim an
exemption from the requirements of section 553 pursuant
to section 553(b)(B).
``(D) The stage of the rulemaking as of the date of
submission.
``(E) Whether the rule is subject to review under
section 610.
``(2) For any rule for which the agency expects to finalize
during the following year and has issued a general notice of
proposed rulemaking--
``(A) an approximate schedule for completing action
on the rule;
``(B) an estimate of whether the rule will cost--
``(i) less than $50,000,000;
``(ii) $50,000,000 or more but less than
$100,000,000;
``(iii) $100,000,000 or more but less than
$500,000,000;
``(iv) $500,000,000 or more but less than
$1,000,000,000;
``(v) $1,000,000,000 or more but less than
$5,000,000,000;
``(vi) $5,000,000,000 or more but less than
$10,000,000,000; or
``(vii) $10,000,000,000 or more; and
``(C) any estimate of the economic effects of the
rule, including any estimate of the net effect that the
rule will have on the number of jobs in the United
States, that was considered in drafting the rule. If
such estimate is not available, a statement affirming
that no information on the economic effects, including
the effect on the number of jobs, of the rule has been
considered.
``SEC. 652. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS.
``(a) Agency-Specific Information Published Monthly.--Not later
than 30 days after the submission of information pursuant to section
651, the Administrator shall make such information publicly available
on the Internet.
``(b) Cumulative Assessment of Agency Rulemaking Published
Annually.--
``(1) Publication in the federal register.--Not later than
October 1 of each year, the Administrator shall publish in the
Federal Register, for the previous year the following:
``(A) The information that the Administrator
received from the head of each agency under section
651.
``(B) The number of rules and a list of each such
rule--
``(i) that was proposed by each agency,
including, for each such rule, an indication of
whether the issuing agency conducted an
analysis of the costs or benefits of the rule;
and
``(ii) that was finalized by each agency,
including for each such rule an indication of
whether--
``(I) the issuing agency conducted
an analysis of the costs or benefits of
the rule;
``(II) the agency claimed an
exemption from the procedures under
section 553 pursuant to section
553(b)(B); and
``(III) the rule was issued
pursuant to a statutory mandate or the
rulemaking is committed to agency
discretion by law.
``(C) The number of agency actions and a list of
each such action taken by each agency that--
``(i) repealed a rule;
``(ii) reduced the scope of a rule;
``(iii) reduced the cost of a rule; or
``(iv) accelerated the expiration date of a
rule.
``(D) The total cost (without reducing the cost by
any offsetting benefits) of all rules proposed or
finalized, and the number of rules for which an
estimate of the cost of the rule was not available.
``(2) Publication on the internet.--Not later than October
1 of each year, the Administrator shall make publicly available
on the Internet the following:
``(A) The analysis of the costs or benefits, if
conducted, for each proposed rule or final rule issued
by an agency for the previous year.
``(B) The docket number and regulation identifier
number for each proposed or final rule issued by an
agency for the previous year.
``(C) The number of rules and a list of each such
rule reviewed by the Director of the Office of
Management and Budget for the previous year, and the
authority under which each such review was conducted.
``(D) The number of rules and a list of each such
rule for which the head of an agency completed a review
under section 610 for the previous year.
``(E) The number of rules and a list of each such
rule submitted to the Comptroller General under section
801.
``(F) The number of rules and a list of each such
rule for which a resolution of disapproval was
introduced in either the House of Representatives or
the Senate under section 802.
``SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGENCY-SPECIFIC MONTHLY
PUBLICATION.
``(a) In General.--Subject to subsection (b), a rule may not take
effect until the information required to be made publicly available on
the Internet regarding such rule pursuant to section 652(a) has been so
available for not less than 6 months.
``(b) Exceptions.--The requirement of subsection (a) shall not
apply in the case of a rule--
``(1) for which the agency issuing the rule claims an
exception under section 553(b)(B); or
``(2) which the President determines by Executive order
should take effect because the rule is--
``(A) necessary because of an imminent threat to
health or safety or other emergency;
``(B) necessary for the enforcement of criminal
laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing
an international trade agreement.
``SEC. 654. DEFINITIONS.
``In this chapter, the terms `agency', `agency action', `rule', and
`rulemaking' have the meanings given those terms in section 551.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 5, United States Code, is amended by inserting after
the item relating to chapter 5, the following:
``6. The Analysis of Regulatory Functions.................. 601
``6A. Office of Information and Regulatory Affairs 651''.
Publication of Information
Relating to Rules.
(c) Effective Dates.--
(1) Agency monthly submission to the office of information
and regulatory affairs.--The first submission required pursuant
to section 651 of title 5, United States Code, as added by
subsection (a), shall be submitted not later than 30 days after
the date of the enactment of this Act, and monthly thereafter.
(2) Cumulative assessment of agency rulemaking.--
(A) In general.--Subsection (b) of section 652 of
title 5, United States Code, as added by subsection
(a), shall take effect on the date that is 60 days
after the date of the enactment of this Act.
(B) Deadline.--The first requirement to publish or
make available, as the case may be, under subsection
(b) of section 652 of title 5, United States Code, as
added by subsection (a), shall be the first October 1
after the effective date of such subsection.
(C) First publication.--The requirement under
section 652(b)(2)(A) of title 5, United States Code, as
added by subsection (a), shall include for the first
publication, any analysis of the costs or benefits
conducted for a proposed or final rule, for the 10
years before the date of the enactment of this Act.
(3) Requirement for rules to appear in agency-specific
monthly publication.--Section 653 of title 5, United States
Code, as added by subsection (a), shall take effect on the date
that is 8 months after the date of the enactment of this Act.
<all>
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118HR2620 | Federal Firearms Licensee Protection Act of 2023 | [
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[
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2620 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2620
To amend chapter 44 of title 18, United States Code, to enhance
penalties for theft of a firearm from a Federal firearms licensee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Rutherford (for himself and Mr. Cuellar) 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 enhance
penalties for theft of a firearm from a Federal firearms 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 ``Federal Firearms Licensee Protection
Act of 2023''.
SEC. 2. AMENDMENTS TO ENHANCE CERTAIN PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) by striking subsection (i) and inserting the following:
``(i)(1)(A) A person who knowingly violates section 922(u), or
attempts to do so, shall be fined under this title, imprisoned not more
than 20 years, or both.
``(B) In the case of a violation described in subparagraph (A) that
occurs during the commission of--
``(i) a burglary, the term of imprisonment shall be not
less than 3 years; or
``(ii) a robbery, the term of imprisonment shall be not
less than 5 years.
``(2) In this subsection--
``(A) the term `burglary' means the unlawful entry into, or
remaining in, the business premises of a licensed importer,
licensed manufacturer, or licensed dealer with the intent to
commit a crime; and
``(B) the term `robbery' has the meaning given the term in
section 1951(b).''; and
(2) in subsection (m), by inserting ``, or attempts to do
so,'' after ``or licensed collector''.
<all>
</pre></body></html>
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118HR2621 | Honoring Vocational Education Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2621 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2621
To require the Bureau of the Census to add a new educational attainment
category to the Current Population Survey.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Scholten (for herself, Mr. Molinaro, Mr. Moskowitz, and Ms.
Crockett) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To require the Bureau of the Census to add a new educational attainment
category to the Current Population Survey.
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 ``Honoring Vocational Education Act''.
SEC. 2. CURRENT POPULATION SURVEY VOCATIONAL EDUCATION RECOGNITION.
(a) In General.--Beginning not later than one year after the date
of the enactment of this Act, the Director of the Bureau of the Census
shall ensure that, to the extent practicable, the Current Population
Survey provides for a separate category of educational attainment for
Postsecondary Nondegree Awardees.
(b) Definitions.--In this Act:
(1) Postsecondary nondegree awardee.--
(A) In general.--The term ``Postsecondary Nondegree
Awardee'' means an individual who--
(i) has received--
(I) a regular high school diploma
(as such term is defined in section
8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801))
or its recognized equivalent; and
(II) a recognized postsecondary
credential; and
(ii) has not received an associates,
bachelor's, masters, graduate, or professional
degree.
(B) College attendance.--An individual who meets
the criteria in subparagraph (A) is a Postsecondary
Nondegree Awardee regardless of whether such individual
attended an institution of higher education (as defined
in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a))).
(2) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), except that such term does
not include an associate or baccalaureate degree.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
<all>
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118HR2622 | To amend the Investment Advisers Act of 1940 to codify certain Securities and Exchange Commission no-action letters that exclude brokers and dealers compensated for certain research services from the definition of investment adviser, and for other purposes. | [
[
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"sponsor"
],
[
"W000812",
"Rep. Wagner, Ann [R-MO-2]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2622 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2622
To amend the Investment Advisers Act of 1940 to codify certain
Securities and Exchange Commission no-action letters that exclude
brokers and dealers compensated for certain research services from the
definition of investment adviser, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Sessions (for himself and Mrs. Wagner) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Investment Advisers Act of 1940 to codify certain
Securities and Exchange Commission no-action letters that exclude
brokers and dealers compensated for certain research services from the
definition of investment adviser, 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. DEFINITION OF INVESTMENT ADVISER AMENDED TO EXCLUDE BROKERS
AND DEALERS COMPENSATED FOR CERTAIN RESEARCH SERVICES.
Section 202(a)(11) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-2(a)(11)) is amended by adding at the end the following:
``In subparagraph (C), the term `special compensation' does not include
compensation provided by any person who is an investment adviser, who
would be an investment advisor but for subparagraph (A), (C), (E), (F)
or (G), or is an insurance company, for research services, as described
in section 28(e) of the Securities Exchange Act of 1934, whether paid
from the resources of such person or the resources of a client of such
person (including client commissions).''.
<all>
</pre></body></html>
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118HR2623 | PRIMED Act | [
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"G000559",
"Rep. Garamendi, John [D-CA-8]",
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[
"S001193",
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],
[
"T000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2623 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2623
To require that certain actions taken by the Secretary of Defense be
treated as an eligible transportation project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Slotkin (for herself, Mr. Garamendi, Mr. Waltz, Mr. Swalwell, Ms.
Titus, and Mr. Costa) introduced the following bill; which was referred
to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To require that certain actions taken by the Secretary of Defense be
treated as an eligible 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 ``Permit Reform In Mining for Energy
and Defense Act'' or the ``PRIMED Act''.
SEC. 2. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11
FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) or the
Presidential Memorandum of February 27, 2023, titled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect,
expand, or restore sustainable and responsible domestic production
capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the FAST Act (42 U.S.C. 4370m(18))) requests that the
action not be treated as a covered project.
<all>
</pre></body></html>
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118HR2624 | Helping Startups Continue To Grow Act | [
[
"S001213",
"Rep. Steil, Bryan [R-WI-1]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2624 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2624
To update the definition of an emerging growth company, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Steil introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To update the definition of an emerging growth company, 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 Startups Continue To Grow
Act''.
SEC. 2. EMERGING GROWTH COMPANY CRITERIA.
(a) Securities Act of 1933.--Section 2(a)(19) of the Securities Act
of 1933 (15 U.S.C. 77b(a)(19)) is amended--
(1) by striking ``$1,000,000,000'' each place such term
appears and inserting ``$2,000,000,000'';
(2) in subparagraph (B)--
(A) by striking ``fifth'' and inserting ``10-
year''; and
(B) by adding ``or'' at the end;
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Securities Exchange Act of 1934.--Section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended, in the
first paragraph (80)--
(1) by striking ``$1,000,000,000'' each place such term
appears and inserting ``$2,000,000,000'';
(2) in subparagraph (B)--
(A) by striking ``fifth'' and inserting ``10-
year''; and
(B) by adding ``or'' at the end;
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
<all>
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118HR2625 | To lower the aggregate market value of voting and non-voting common equity necessary for an issuer to qualify as a well-known seasoned issuer. | [
[
"S001213",
"Rep. Steil, Bryan [R-WI-1]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2625 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2625
To lower the aggregate market value of voting and non-voting common
equity necessary for an issuer to qualify as a well-known seasoned
issuer.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Steil introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To lower the aggregate market value of voting and non-voting common
equity necessary for an issuer to qualify as a well-known seasoned
issuer.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITION OF WELL-KNOWN SEASONED ISSUER.
For purposes of the Federal securities laws, and regulations issued
thereunder, an issuer shall be a ``well-known seasoned issuer'' if--
(1) the aggregate market value of the voting and non-voting
common equity held by non-affiliates of the issuer is
$75,000,000 or more (as determined under Form S-3 general
instruction I.B.1. as in effect on the date of enactment of
this Act); and
(2) the issuer otherwise satisfies the requirements of the
definition of ``well-known seasoned issuer'' contained in
section 230.405 of title 17, Code of Federal Regulations (as in
effect on the date of enactment of this Act) without reference
to any requirement in such definition relating to minimum
worldwide market value of outstanding voting and non-voting
common equity held by non-affiliates.
<all>
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118HR2626 | Air Tour and Sport Parachuting Safety Improvement Act of 2023 | [
[
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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. 2626 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2626
To reform Federal Aviation Administration safety requirements for
commercial air tour operators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Ms. Tokuda (for herself and Mr. Case) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To reform Federal Aviation Administration safety requirements for
commercial air tour operators, 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 ``Air Tour and Sport Parachuting
Safety Improvement Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(3) Commercial air tour.--The term ``commercial air tour''
means a flight conducted for compensation or hire in an
airplane or helicopter where a purpose of the flight is
sightseeing.
(4) Commercial air tour operator.--The term ``commercial
air tour operator'' means any person who conducts a commercial
air tour.
(5) Parachute operation.--The term ``parachute operation''
has the meaning given that term in section 105.3 of title 14,
Code of Federal Regulations (or any successor regulation).
SEC. 3. SAFETY MANAGEMENT SYSTEM REQUIREMENTS FOR CERTAIN OPERATORS.
Not later than 24 months after the date of enactment of this Act,
the Administrator shall issue a final rule requiring each person
holding a certificate under part 119 of title 14, Code of Federal
Regulations, and authorized to conduct operations in accordance with
the provisions of part 135 of title 14, Code of Federal Regulations, to
implement a safety management system, as appropriate for the
operations.
SEC. 4. OTHER SAFETY REQUIREMENTS FOR COMMERCIAL OPERATORS.
(a) Safety Reforms.--
(1) Authority to conduct nonstop commercial air tours.--
(A) In general.--Subject to subparagraph (B),
beginning on the date that is 3 years after the date of
enactment of this Act, no person may conduct commercial
air tours unless that person--
(i) holds a certificate identifying the
person as an air carrier or commercial operator
under part 119 of title 14, Code of Federal
Regulations; and
(ii) conducts all commercial air tours
under the applicable provisions of part 121 or
part 135 of title 14, Code of Federal
Regulations.
(B) Temporary exception.--Notwithstanding the
requirements of subparagraph (A), for a period of 5
years after the date described in subparagraph (A), a
person who holds a letter of authorization issued by
the Administrator to conduct nonstop commercial air
tours under section 91.147 of title 14, Code of Federal
Regulations, may continue to conduct nonstop commercial
air tours under such letter of authorization so long as
the person--
(i) as of the date of enactment of this
section, has submitted (or not later than 18
months after such date of enactment, submits)
an application to the Administrator for an air
carrier certificate under part 119, Code of
Federal Regulations; and
(ii) has not been issued such part 119
certificate or received a denial of the
application submitted under clause (i).
(C) Reporting required.--Beginning on the date that
is 3 years after the date of enactment, and every 12
months thereafter, each person that conducts commercial
air tours (including any person excluded from the
certificate requirement under subparagraph (B)) shall
report to the Administrator the total number of
commercial air tours that person conducted during the
previous 12 months.
(D) Other terms.--The Administrator shall--
(i) revise title 14, Code of Federal
Regulations, to include definitions for the
terms ``aerial work'' and ``aerial
photography'' that are limited to aerial
operations performed for compensation or hire
with an approved operating certificate; and
(ii) to the extent necessary, revise
section 119.1(e)(4)(iii) of title 14, Code of
Federal Regulations, to conform with the
requirements of such definitions.
(2) Additional safety requirements.--Not later than 3 years
after the date of enactment of this Act, the Administrator
shall issue new or revised regulations that shall require all
certificated commercial air tour operators to incorporate
avoidance training for controlled flight into terrain and in-
flight loss of control into the training program required under
part 121 or 135 of title 14, Code of Federal Regulations, as
applicable. The training shall address reducing the risk of
accidents involving unintentional flight into instrument
meteorological conditions to address day, night, and low
visibility environments with special attention paid to research
available as of the date of enactment of this Act on human
factors issues involved in such accidents, including but not
limited to--
(A) specific terrain, weather, and infrastructure
challenges relevant in the local operating environment
that increase the risk of such accidents;
(B) pilot decision-making relevant to the avoidance
of instrument meteorological conditions while operating
under visual flight rules;
(C) use of terrain awareness displays;
(D) spatial disorientation risk factors and
countermeasures; and
(E) strategies for maintaining control, including
the use of automated systems.
(b) Aviation Rulemaking Committee.--
(1) In general.--The Administrator, shall convene an
aviation rulemaking committee to review and develop findings
and recommendations to inform--
(A) establishing a performance-based standard for
flight data monitoring for all commercial air tour
operators that reviews all available data sources to
identify deviations from established areas of operation
and potential safety issues;
(B) requiring all commercial air tour operators to
install flight data recording devices capable of
supporting collection and dissemination of the data
incorporated in the Flight Operational Quality
Assurance Program (or, if an aircraft cannot be
retrofitted with such equipment, requiring the
commercial air tour operator for such aircraft to
collect and maintain flight data through alternative
methods);
(C) requiring all commercial air tour operators to
implement a flight data monitoring program, such as a
Flight Operational Quality Assurance Program;
(D) establishing methods to provide effective
terrain awareness and warning; and
(E) establishing methods to provide effective
traffic avoidance in identified high-traffic tour
areas, such as requiring air tour operators that
operate within those areas be equipped with an
Automatic Dependent Surveillance-Broadcast Out- and In-
supported traffic advisory system that--
(i) includes both visual and aural alerts;
(ii) is driven by an algorithm designed to
eliminate nuisance alerts; and
(iii) is operational during all flight
operations.
(2) Membership.--The aviation rulemaking committee shall
consist of members appointed by the Administrator, including--
(A) representatives of industry, including
manufacturers of aircraft and aircraft technologies;
(B) representatives of aviation operator
organizations; and
(C) aviation safety experts with specific knowledge
of safety management systems and flight data monitoring
programs under part 135 of title 14, Code of Federal
Regulations.
(3) Duties.--
(A) In general.--The Administrator shall direct the
aviation rulemaking committee to make findings and
submit recommendations regarding each of the matters
specified in subparagraphs (A) through (E) of paragraph
(1).
(B) Considerations.--In carrying out its duties
under subparagraph (A), the Administrator shall direct
the aviation rulemaking committee to consider--
(i) recommendations of the National
Transportation Safety Board;
(ii) recommendations of previous aviation
rulemaking committees that reviewed flight data
monitoring program requirements on part 135
commercial operators;
(iii) recommendations from industry safety
organizations, including but not limited to the
Vertical Aviation Safety Team (VAST), the
General Aviation Joint Safety Committee, and
the United States Helicopter Safety Team
(USHST);
(iv) scientific data derived from a broad
range of flight data recording technologies
capable of continuously transmitting and that
support a measurable and viable means of
assessing data to identify and correct
hazardous trends;
(v) appropriate use of data for modifying
behavior to prevent accidents;
(vi) the need to accommodate technological
advancements in flight data recording
technology;
(vii) data gathered from aviation safety
reporting programs;
(viii) appropriate methods to provide
effective terrain awareness and warning system
(TAWS) protections while mitigating nuisance
alerts for aircraft;
(ix) the need to accommodate the diversity
of airworthiness standards under part 27 and
part 29 of title 14, Code of Federal
Regulations;
(x) the need to accommodate diversity of
operations and mission sets;
(xi) benefits of third-party data analysis
for large and small operations;
(xii) accommodations necessary for small
businesses; and
(xiii) other issues as necessary.
(4) Reports and regulations.--The Administrator shall--
(A) not later than 20 months after the date of
enactment of this Act, submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report based on the
findings of the aviation rulemaking committee;
(B) not later than 12 months after the date of
submission of the report under subparagraph (A), and
after consideration of the recommendations of the
aviation rulemaking committee, issue an intent to
proceed with proposed rulemakings regarding each of the
matters specified in subparagraphs (A) through (E) of
paragraph (1); and
(C) not later than 3 years after the date of
enactment of this Act, issue a final rule with respect
to each of the matters specified in such subparagraphs
of paragraph (1).
SEC. 5. EXPEDITED PROCESS FOR OBTAINING OPERATING CERTIFICATES.
(a) In General.--The Administrator shall implement procedures to
improve the process for obtaining operating certificates under part 119
of title 14, Code of Federal Regulations.
(b) Considerations.--In carrying out subsection (a), beginning on
the date that is 18 months after the date of enactment of this Act, the
Administrator shall give priority consideration to operators that must
obtain a certificate in accordance with section 4(a)(1) of this Act.
(c) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
(1) how the procedures implemented under subsection (a)
will increase the efficiency of the process for obtaining
operating certificates under part 119 of title 14, Code of
Federal Regulations, and, if applicable, certificates
authorizing operations under part 135 of such title;
(2) how considerations under subsection (b) will be
incorporated into procedures implemented under subsection (a);
and
(3) any additional resources required to implement
procedures under subsection (a).
(d) Additional Reports Required.--Not later than 3 years after the
date of enactment of this Act, and annually thereafter the
Administrator shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
(1) includes--
(A) data on certification approvals and denials;
and
(B) data on duration of key phases of the
certification process; and
(2) identifies certification policies in need of reform or
repeal.
SEC. 6. SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS.
(a) Aviation Rulemaking Committee.--The Administrator, shall
convene an aviation rulemaking committee to review and develop findings
and recommendations to inform--
(1) rulemaking governing parachute operations conducted in
the United States that are subject to the requirements of part
105 of title 14, Code of Federal Regulations, to address--
(A) Federal Aviation Administration-approved
aircraft maintenance and inspection programs that
consider, at a minimum, requirements for compliance
with engine manufacturers' recommended maintenance
instructions, such as service bulletins and service
information letters for time between overhauls and
component life limits;
(B) initial and annual recurrent pilot proficiency
checking programs for pilots conducting parachute
operations that address, at a minimum, operation- and
aircraft-specific weight and balance calculations,
preflight inspections, emergency and recovery
procedures, and parachutist egress procedures for each
type of aircraft flown; and
(C) initial and annual recurrent pilot review
programs for parachute operations pilots that address,
at a minimum, operation- specific and aircraft-specific
weight and balance calculations, preflight inspections,
emergency and recovery procedures, and parachutist
egress procedures for each type of aircraft flown, as
well as competency flight checks to determine pilot
competence in practical skills and techniques in each
type of aircraft;
(2) the revision of guidance material contained in Advisory
Circular 105-2E (relating to sport parachute jumping), to
include guidance for parachute operations in implementing the
Federal Aviation Administration-approved aircraft maintenance
and inspection program and the pilot training and pilot
proficiency checking programs required under any new or revised
regulations issued in accordance with paragraph (1); and
(3) the revision of guidance materials issued in Order
8900.1 entitled ``Flight Standards Information Management
System'', to include guidance for Federal Aviation
Administration inspectors who oversee part 91 of title 14 Code
of Federal Regulations, operations conducted under any of the
exceptions specified in section 119.1(e) of title 14, Code of
Federal Regulations, which include parachute operations.
(b) Membership.--The aviation rulemaking committee shall consist of
members appointed by the Administrator, including--
(1) representatives of industry, including manufacturers of
aircraft and aircraft technologies;
(2) representatives of parachute operator organizations;
and
(3) aviation safety experts with specific knowledge of
safety management systems and flight data monitoring programs
under part 135 and part 105 of title 14, Code of Federal
Regulations.
(c) Duties.--
(1) In general.--The Administrator shall direct the
aviation rulemaking committee to make findings and submit
recommendations regarding each of the matters specified in
paragraphs (1) through (3) of subsection (a).
(2) Considerations.--In carrying out its duties under
paragraph (1), the Administrator shall direct the aviation
rulemaking committee to consider--
(A) findings and recommendations of the National
Transportation Safety Board generally as relevant and
specifically those related to parachute operations,
including the June 21, 2019, incident in Mokuleia,
Hawaii;
(B) recommendations of previous aviation rulemaking
committees that considered similar issues;
(C) recommendations from industry safety
organizations, including, but not limited to, the
United States Parachute Association;
(D) appropriate use of data for modifying behavior
to prevent accidents;
(E) data gathered from aviation safety reporting
programs;
(F) the need to accommodate diversity of operations
and mission sets;
(G) accommodations necessary for small businesses;
and
(H) other issues as necessary.
(d) Reports and Regulations.--The Administrator shall--
(1) not later than 20 months after the date of enactment of
this Act, submit a report based on the findings of the aviation
rulemaking committee to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of
Representatives;
(2) not later than 12 months after the date of submission
of the report under paragraph (1), and after consideration of
the recommendations of the aviation rulemaking committee, issue
an intent to proceed with proposed rulemakings regarding each
of the matters specified in paragraphs (1) through (3) of
subsection (a); and
(3) not later than 3 years after the date of enactment of
this Act, issue a final rule with respect to each of the
matters specified in such paragraphs of subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator, to
remain available until expended, such sums as necessary to carry out
this Act.
<all>
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118HR2627 | Increasing Investor Opportunities Act | [
[
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"sponsor"
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"Rep. Meeks, Gregory W. [D-NY-5]",
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[
"N00019... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2627 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2627
To amend the Investment Company Act of 1940 to prohibit limitations on
closed-end companies investing in private funds, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mrs. Wagner (for herself and Mr. Meeks) introduced the following bill;
which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Investment Company Act of 1940 to prohibit limitations on
closed-end companies investing in private funds, 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 ``Increasing Investor Opportunities
Act''.
SEC. 2. CLOSED-END COMPANY AUTHORITY TO INVEST IN PRIVATE FUNDS.
(a) In General.--Section 5 of the Investment Company Act of 1940
(15 U.S.C. 80a-5) is amended by adding at the end the following:
``(d) Closed-End Company Authority To Invest in Private Funds.--
``(1) In general.--The Commission may not limit a closed-
end company from investing any or all of the company's assets
in private funds solely or primarily because of the private
funds' status as private funds.
``(2) Application.--Notwithstanding section 6(f), this
subsection shall also apply to a closed-end company that elects
to be treated as a business development company.''.
(b) Definition of Private Fund.--
(1) Investment company act of 1940.--Section 2(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended
by adding at the end the following:
``(55) The term `private fund' means an issuer that would
be an investment company but for paragraph (1) or (7) of
section 3(c).''.
(2) Investment advisers act of 1940.--The first paragraph
(29) (relating to ``private fund'') of section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended
to read as follows:
``(29) The term `private fund' has the meaning given that
term under section 2(a) of the Investment Company Act of
1940.''.
(c) Treatment by National Securities Exchanges.--Section 6(b) of
the Securities Exchange Act of 1934 (15 U.S.C. 78f(b)) is amended by
adding at the end the following:
``(11)(A) The rules of the exchange do not prohibit the
listing or trading of securities of a closed-end company solely
or primarily by reason of the amount of the company's
investment of assets in private funds.
``(B) In this paragraph--
``(i) the term `closed-end company' has the meaning
given that term under section 5(a) of the Investment
Company Act of 1940, and includes a closed-end company
that elects to be treated as a business development
company under section 6(f) of such Act; and
``(ii) the term `private fund' has the meaning
given that term under section 2(a) of the Investment
Company Act of 1940.''.
(d) Investment Limitation.--Section 3(c) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
(1) in paragraph (1), by striking ``subparagraphs (A)(i)
and (B)(i)'' and inserting ``subparagraphs (A)(i), (B)(i), and
(C)''; and
(2) in paragraph (7)(D), by striking ``subparagraphs (A)(i)
and (B)(i)'' and inserting ``subparagraphs (A)(i), (B)(i), and
(C)''.
<all>
</pre></body></html>
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118HR2628 | Employee Profit-Sharing Encouragement Act of 2023 | [
[
"W000822",
"Rep. Watson Coleman, Bonnie [D-NJ-12]",
"sponsor"
],
[
"C001072",
"Rep. Carson, Andre [D-IN-7]",
"cosponsor"
],
[
"G000553",
"Rep. Green, Al [D-TX-9]",
"cosponsor"
],
[
"O000173",
"Rep. Omar, Ilhan [D-MN-5]",
"cosponsor"
]
] | <p><b>Employee Profit-Sharing Encouragement Act of 2023</b></p> <p>This bill denies the business tax deduction for the remuneration of highly-compensated corporate employees unless the corporation has average annual gross receipts of less than $25 million and maintains a plan for making qualified profit-sharing distributions to its employees. The bill defines <i>qualified profit-sharing distributions</i> as cash distributions under a written employer plan that gives employees who have been employed for at least one year a right to profit-sharing distributions and bases the amount of such distributions on the measure of the receipts, profit, revenues, or earnings of the employer.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2628 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2628
To amend the Internal Revenue Code of 1986 to deny the deduction for
executive compensation unless the employer maintains profit-sharing
distributions for employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mrs. Watson Coleman (for herself, Mr. Carson, Mr. Green of Texas, and
Ms. Omar) 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 deny the deduction for
executive compensation unless the employer maintains profit-sharing
distributions for employees.
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 ``Employee Profit-Sharing
Encouragement Act of 2023''.
SEC. 2. DENIAL OF DEDUCTION FOR EXECUTIVE COMPENSATION UNLESS EMPLOYER
MAINTAINS PROFIT-SHARING DISTRIBUTIONS.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
is amended by redesignating subsection (s) as subsection (t) and by
inserting after subsection (r) the following new subsection:
``(s) Executive Compensation Paid by Employers Who Do Not Maintain
Profit-Sharing Distributions.--
``(1) In general.--In the case of a specified employer, no
deduction shall be allowed under this chapter for applicable
employee remuneration with respect to any highly compensated
individual (within the meaning of section 105(h)) for any
taxable year unless qualified profit-sharing distributions are
made during such taxable year.
``(2) Qualified profit-sharing distributions.--For purposes
of this subsection--
``(A) In general.--The term `qualified profit-
sharing distributions' means a cash distribution made
pursuant to a written plan of the employer under
which--
``(i) employees (including part-time
employees) who have been employed for at least
1 year as of the date of the distribution have
a right to such distribution, and
``(ii) the amount of such distributions are
defined under such plan on the basis of a
measure of the receipts, profit, revenues, or
earnings of such employer.
``(B) Minimum distribution requirements.--Such term
shall not include any distributions made pursuant to
such plan during the taxable year if the aggregate
distributions made pursuant to such plan during such
taxable year are less than 5 percent of the employer's
net income for the taxable year as determined pursuant
to the employer's books and records prepared in
accordance with the employer's accounting procedures.
``(C) Nondiscrimination.--Such term shall not
include any distributions made pursuant to such plan
during the taxable year unless such plan satisfies
requirements similar to the requirements of section
401(k)(3)(A)(ii) applied by treating the distributions
made pursuant to the plan as though such distributions
were contributions paid over to the trust referred to
in such section.
``(D) Exception if distributions would jeopardize
the business.--An employer shall not fail to be treated
as making qualified profit-sharing distributions during
the taxable year to the extent that such employer
establishes to the satisfaction of the Secretary by
clear and convincing evidence that making such
distributions would jeopardize the ability of the
employer to continue as a going concern.
``(3) Specified employer.--For purposes of this
subsection--
``(A) In general.--The term `specified employer'
means, with respect to any taxable year, any employer
which meets the gross receipts test of section 448(c)
(determined without regard to paragraph (4) thereof)
for such taxable year.
``(B) Application of gross receipts test to
individuals, etc.--For purposes of subparagraph (A), in
the case of any employer which is not a corporation or
a partnership, the gross receipts test referred to in
such subparagraph shall be applied in the same manner
as if each trade or business of such employer were a
corporation or partnership.
``(4) Applicable employee remuneration.--For purposes of
this subsection, the term `applicable employee remuneration'
has the meaning given such term by subsection (m)(4),
determined without regard to subparagraph (B) thereof.
``(5) Controlled groups.--For purposes of this subsection,
all persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as one
employer.
``(6) Coordination.--Rules similar to the rules of
subparagraphs (D) and (E) of subsection (m)(4) shall apply for
purposes of this subsection.
``(7) Authority to address abuse.--The Secretary shall have
the authority to address any abuses by employers under this
subsection, including, but not limited to, a reduction in
employee compensation or benefits in conjunction with the
payment of qualified profit-sharing distributions.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
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118HR2629 | Filer Voter Act | [
[
"W000822",
"Rep. Watson Coleman, Bonnie [D-NJ-12]",
"sponsor"
],
[
"L000551",
"Rep. Lee, Barbara [D-CA-12]",
"cosponsor"
],
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"cosponsor"
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],
... | <p><strong>Tax Filer Voter Registration Act or the Filer Voter Act</strong></p> <p>This bill treats certain tax return preparers as voter registration agencies. </p> <p>Specifically, the bill requires tax return preparers who prepare at least 100 individual tax returns in a taxable year to provide voter registration application forms to their customers. The form must be made available by (1) displaying copies of the form in the preparer's office for customers who receive in-person services, and (2) providing a hyperlink to the form for customers who receive online services.</p> <p>The bill also outlines the responsibilities of the Department of the Treasury to enable certified volunteer tax preparers to meet the requirements of the bill.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2629 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2629
To amend the National Voter Registration Act of 1993 to treat certain
tax return preparers as voter registration agencies under such Act for
purposes of distributing voter registration application forms, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mrs. Watson Coleman (for herself, Ms. Lee of California, Ms. Brown, and
Mr. McGovern) introduced the following bill; which was referred to the
Committee on House Administration, 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 National Voter Registration Act of 1993 to treat certain
tax return preparers as voter registration agencies under such Act for
purposes of distributing voter registration application forms, 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 ``Tax Filer Voter Registration Act''
or the ``Filer Voter Act''.
SEC. 2. TREATMENT OF TAX RETURN PREPARERS AS VOTER REGISTRATION
AGENCIES FOR PURPOSES OF DISTRIBUTING VOTER REGISTRATION
APPLICATION FORMS.
(a) Tax Return Preparers as Voter Registration Agencies.--
(1) In general.--Section 7 of the National Voter
Registration Act of 1993 (52 U.S.C. 20506) is amended by adding
at the end the following new subsection:
``(e) Special Rules for Tax Return Preparers.--
``(1) Treatment as voter registration agencies.--Subject to
paragraph (2) and except as provided in paragraph (3), each tax
return preparer in a State shall be treated as a voter
registration agency designated by the State for purposes of
this section.
``(2) Methods of meeting requirements.--
``(A) Availability of forms in office for customers
who meet preparer in person.--A tax return preparer who
provides tax return preparation services to customers
who meet the preparer in person at the preparer's
office may meet the requirements applicable to the tax
return preparer under this section by displaying copies
of the mail voter registration application form used by
the State in which the office is located in a manner
which ensures that the forms are visible and accessible
to any customer who visits the office.
``(B) Availability of forms through hyperlink for
customers who receive services online.--A tax return
preparer who provides tax return preparation services
to customers through online methods may meet the
requirements applicable to the tax return preparer
under this section--
``(i) by providing a hyperlink to the mail
voter registration application form developed
by the Election Assistance Commission under
section 9(a)(2), or to the website of the
appropriate election official through which an
individual may register to vote online, through
the same computer software, service, or program
by which the tax return preparer provides
services to the customer online; and
``(ii) by ensuring that the hyperlink is
prominently displayed to each customer who
receives any tax return preparation services
from the tax return preparer.
``(3) Exceptions.--A tax return preparer shall not be
required to meet the following requirements of this section
which are otherwise applicable to a voter registration agency
designated by the State for purposes of this section:
``(A) Clause (iii) of subsection (a)(4)(A)
(relating to the acceptance of completed voter
registration application forms for transmittal to the
appropriate State election official).
``(B) Subparagraph (B) of subsection (a)(6)
(relating to the provision of the form by which an
individual may apply to register to vote at a voter
registration agency and related forms and statements).
``(C) Subsection (d) (relating to the deadline for
the transmittal of completed voter registration
application forms to the appropriate State election
official).
``(4) Definition.--In this subsection, the term `tax return
preparer' means--
``(A) a tax return preparer described in section
7701(a)(36) of the Internal Revenue Code of 1986, other
than a tax return preparer who--
``(i) during the taxable year, reasonably
expects to prepare fewer than 100 individual
tax returns, or
``(ii) during the previous taxable year,
prepared fewer than 100 individual tax returns;
or
``(B) any certified volunteer tax preparer who
receives funding from the Secretary of the Treasury
under the Community Volunteer Income Tax Assistance
Matching Grants Program or the Tax Counseling for the
Elderly Program.
``(5) Regulations.--The Election Assistance Commission, in
consultation with the Secretary of the Treasury, shall
promulgate such regulations as the Commission considers
appropriate to carry out this subsection.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to taxable years occurring after
December 2021.
(b) Responsibilities of Secretary of the Treasury Relating to
Certified Volunteer Tax Preparers.--
(1) Guidance to certified volunteer tax preparers receiving
funding under certain programs.--The Secretary of the Treasury
shall provide assistance and guidance to enable certified
volunteer tax preparers who receive funding under the Community
Volunteer Income Tax Assistance Matching Grants Program or the
Tax Counseling for the Elderly Program to meet the requirements
of section 7(e) of the National Voter Registration Act of 1993
(as added by subsection (a)).
(2) Revision to intake and interview and quality review
sheet.--The Secretary of the Treasury shall revise the intake
and interview and quality review sheet provided to an
individual who utilizes the services of certified volunteer
preparers to include the following question: ``Do you want to
receive a form today to register to vote or update your voter
registration information?'', as well as a box for the
individual to check to indicate whether or not the individual
wants to receive such a form.
(3) Display of information at sites.--The Secretary of the
Treasury shall revise the quality site requirements for
volunteer tax preparers who receive funding under the Community
Volunteer Income Tax Assistance Matching Grants Program or the
Tax Counseling for the Elderly Program to include a requirement
that the sites clearly and prominently display voter
registration application forms.
<all>
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118HR263 | Stop Trying to Obsessively Vilify Energy Act | [
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"... | <p><b>Stop Trying to Obsessively Vilify Energy Act or the STOVE Act</b></p> <p>This bill prohibits federal agencies from promulgating rules or guidances that restrict or ban the use and purchase of gas-powered stoves, cooktops, ranges, or ovens in the United States.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 263 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 263
To prohibit any rule or guidance that bans gas stoves in the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Huizenga (for himself and Mr. Mooney) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit any rule or guidance that bans gas stoves in the United
States.
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 ``Stop Trying to Obsessively Vilify
Energy Act'' or the ``STOVE Act''.
SEC. 2. PROHIBITION ON PROMULGATING ANY RULE OR GUIDANCE THAT BANS GAS
STOVES IN THE UNITED STATES.
No Federal agency may propose, implement, or finalize a rule or
guidance that restricts or bans the use and purchase of gas-powered
stoves, cooktops, ranges, or ovens in the United States.
<all>
</pre></body></html>
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118HR2630 | Safe Step Act | [
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... | <p><strong></strong><b>Safe Step Act</b></p> <p>This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. </p> <p>A request for such an exception to the protocol must be granted if (1) an otherwise required treatment has been ineffective, (2) such treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences, (3) such treatment will cause or is likely to cause an adverse reaction to the individual, (4) such treatment is expected to prevent the individual from performing daily activities or occupational responsibilities, (5) the individual is stable based on the prescription drugs already selected, or (6) there are other circumstances as determined by the Employee Benefits Security Administration.</p> <p>The bill requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2630 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2630
To amend the Employee Retirement Income Security Act of 1974 to require
a group health plan or health insurance coverage offered in connection
with such a plan to provide an exceptions process for any medication
step therapy protocol, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Wenstrup (for himself, Mr. Ruiz, Mrs. Miller-Meeks, Mrs. McBath,
Mrs. Chavez-DeRemer, and Mr. Blumenauer) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to require
a group health plan or health insurance coverage offered in connection
with such a plan to provide an exceptions process for any medication
step therapy protocol, 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 ``Safe Step Act''.
SEC. 2. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
(a) In General.--The Employee Retirement Income Security Act of
1974 is amended by inserting after section 725 of such Act (29 U.S.C.
1185d) the following new section:
``SEC. 726. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
``(a) In General.--In the case of a group health plan or health
insurance coverage offered in connection with such a plan that provides
coverage of a prescription drug pursuant to a medication step therapy
protocol, the plan or coverage shall--
``(1) implement a clear and transparent process for a
participant or beneficiary (or the prescribing health care
provider on behalf of the participant or beneficiary) to
request an exception to such medication step therapy protocol,
pursuant to subsection (b); and
``(2) where the participant or beneficiary or prescribing
health care provider's request for an exception to the
medication step therapy protocols satisfies the criteria and
requirements of subsection (b), cover the requested drug in
accordance with the terms established by the health plan or
coverage for patient cost-sharing rates or amounts at the time
of the participant's or beneficiary's enrollment in the health
plan or health insurance coverage.
``(b) Circumstances for Exception Approval.--The circumstances
requiring an exception to a medication step therapy protocol, pursuant
to a request under subsection (a), are any of the following:
``(1) Any treatments otherwise required under the protocol,
or treatments in the same pharmacological class or having the
same mechanism of action, have been ineffective in the
treatment of the disease or condition of the participant or
beneficiary, when prescribed consistent with clinical
indications, clinical guidelines, or other peer-reviewed
evidence.
``(2) Delay of effective treatment would lead to severe or
irreversible consequences, and the treatment otherwise required
under the protocol is reasonably expected to be ineffective
based upon the documented physical or mental characteristics of
the participant or beneficiary and the known characteristics of
such treatment.
``(3) Any treatments otherwise required under the protocol
are contraindicated for the participant or beneficiary or have
caused, or are likely to cause, based on clinical, peer-
reviewed evidence, an adverse reaction or other physical harm
to the participant or beneficiary.
``(4) Any treatment otherwise required under the protocol
has prevented, will prevent, or is likely to prevent a
participant or beneficiary from achieving or maintaining
reasonable and safe functional ability in performing
occupational responsibilities or activities of daily living (as
defined in section 441.505 of title 42, Code of Federal
Regulations (or successor regulations)).
``(5) The participant or beneficiary is stable for his or
her disease or condition on the prescription drug or drugs
selected by the prescribing health care provider and has
previously received approval for coverage of the relevant drug
or drugs for the disease or condition by any group health plan
or health insurance issuer.
``(6) Other circumstances, as determined by the Secretary.
``(c) Requirement of a Clear Process.--
``(1) In general.--The process required by subsection (a)--
``(A) shall provide the prescribing health care
provider or beneficiary or designated third-party
advocate an opportunity to present such provider's
clinical rationale and relevant medical information for
the group health plan or health insurance issuer to
evaluate such request for exception;
``(B) shall clearly set forth all required
information and the specific criteria that will be used
to determine whether an exception is warranted, which
may require disclosure of--
``(i) the medical history or other health
records of the participant or beneficiary
demonstrating that the participant or
beneficiary seeking an exception--
``(I) has tried other drugs
included in the drug therapy class
without success; or
``(II) has taken the requested drug
for a clinically appropriate amount of
time to establish stability, in
relation to the condition being treated
and prescription guidelines given by
the prescribing physician; or
``(ii) other clinical information that may
be relevant to conducting the exception review;
``(C) may not require the submission of any
information or supporting documentation beyond what is
strictly necessary to determine whether any of the
circumstances listed in subsection (b) exists; and
``(D) shall clearly outline conditions under which
an exception request warrants expedited resolution from
the group health plan or health insurance issuer,
pursuant to subsection (d)(2).
``(2) Availability of process information.--The group
health plan or health insurance issuer shall make information
regarding the process required under subsection (a) readily
available on the internet website of the group health plan or
health insurance issuer. Such information shall include--
``(A) the requirements for requesting an exception
to a medication step therapy protocol pursuant to this
section; and
``(B) any forms, supporting information, and
contact information, as appropriate.
``(d) Timing for Determination of Exception.--The process required
under subsection (a)(1) shall provide for the disposition of requests
received under such paragraph in accordance with the following:
``(1) Subject to paragraph (2), not later than 72 hours
after receiving an initial exception request, the plan or
issuer shall respond to the requesting prescriber with either a
determination of exception eligibility or a request for
additional required information strictly necessary to make a
determination of whether the conditions specified in subsection
(b) are met. The plan or issuer shall respond to the requesting
provider with a determination of exception eligibility no later
than 72 hours after receipt of the additional required
information.
``(2) In the case of a request under circumstances in which
the applicable medication step therapy protocol may seriously
jeopardize the life or health of the participant or
beneficiary, the plan or issuer shall conduct a review of the
request and respond to the requesting prescriber with either a
determination of exception eligibility or a request for
additional required information strictly necessary to make a
determination of whether the conditions specified in subsection
(b) are met, in accordance with the following:
``(A) If the plan or issuer can make a
determination of exception eligibility without
additional information, such determination shall be
made on an expedited basis, and no later than 24 hours
after receipt of such request.
``(B) If the plan or issuer requires additional
information before making a determination of exception
eligibility, the plan or issuer shall respond to the
requesting provider with a request for such information
within 24 hours of the request for a determination, and
shall respond with a determination of exception
eligibility as quickly as the condition or disease
requires, and no later than 24 hours after receipt of
the additional required information.
``(e) Medication Step Therapy Protocol.--In this section, the term
`medication step therapy protocol' means a drug therapy utilization
management protocol or program under which a group health plan or
health insurance issuer offering group health insurance coverage of
prescription drugs requires a participant or beneficiary to try an
alternative preferred, prescription drug or drugs before the plan or
health insurance issuer approves coverage for the non-preferred drug
therapy prescribed.
``(f) Clarification.--This section shall apply with respect to any
group health plan or health insurance coverage offered in connection
with such a plan that provides coverage of a prescription drug pursuant
to a policy that meets the definition of the term `medication step
therapy protocol' in subsection (e), regardless of whether such policy
is described by such group health plan or health insurance coverage as
a step therapy protocol.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.) is amended by inserting after the item relating to section 725
the following new items:
``Sec. 726. Required exceptions process for medication step therapy
protocols.''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to plan years beginning with the first
plan year that begins at least 6 months after the date of the
enactment of this Act.
(2) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Labor shall issue
final regulations, through notice and comment rulemaking, to
implement the provisions of section 726 of the Employee
Retirement Income Security Act of 1974, as added by subsection
(a).
<all>
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118HR2631 | MINAJ 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. 2631 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2631
To prohibit the Federal Government from imposing any mandate requiring
an individual to receive a vaccine that has not been authorized for
marketing for at least 10 years, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the Federal Government from imposing any mandate requiring
an individual to receive a vaccine that has not been authorized for
marketing for at least 10 years, 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 ``Medical Information Nuanced
Accountability Judgement Act of 2023'' or the ``MINAJ Act of 2023''.
SEC. 2. PROHIBITION AGAINST VACCINE MANDATES PRIOR TO MARKETING
APPROVAL FOR AT LEAST 10 YEARS.
(a) Prohibition.--The Federal Government shall not establish,
implement, or enforce any mandate requiring an individual to receive a
vaccine that has not been authorized for marketing for at least 10
years.
(b) Public Health Emergency Exception.--Subsection (a) does not
apply if--
(1) the mandate is intended to prevent or mitigate a
disease with respect to which a public health emergency
declaration is in effect; and
(2) the Federal department or agency seeking to impose the
mandate--
(A) submits a report to the appropriate committees
of Congress--
(i) giving notice of the intent to impose
the mandate; and
(ii) including all data in the possession
of the department or agency on the safety and
efficacy of the vaccine involved; and
(B) gives the appropriate committees of Congress a
sufficient period to conduct extensive review of the
matters in such report.
(c) Sufficient Period of Time.--For purposes of subsection
(b)(2)(B), a sufficient period shall be the lesser of--
(1) 3 months; and
(2) the period over which the appropriate committees of
Congress each complete three hearings on the matters in the
report submitted under subsection (b)(2)(A).
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives; and
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate.
(2) The term ``authorized for marketing'' means licensed,
approved, or authorized under--
(A) section 351 of the Public Health Service Act
(42 U.S.C. 262); or
(B) section 505 or 564 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355, 360bbb-3).
(3) The term ``mandate'' includes any condition imposed
on--
(A) hiring or employment; or
(B) the receipt of a service or benefit.
(4) The term ``public health emergency declaration'' means
a public health emergency declaration under section 319 of the
Public Health Service Act (42 U.S.C. 247d).
<all>
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118HR2632 | Secure Our Border and Our Streets 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. 2632 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2632
To require reports on the immigration status of individuals convicted
of State crimes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require reports on the immigration status of individuals convicted
of State crimes.
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 ``Secure Our Border and Our Streets
Act of 2023''.
SEC. 2. REPORTING REQUIREMENTS RELATED TO THE IMMIGRATION STATUS OF
INDIVIDUALS CONVICTED OF CRIMES.
(a) Requirement for State Crimes.--Beginning in the first fiscal
year that begins after the date of enactment of this Act, in order to
be eligible to receive Federal funds from the Department of Justice, a
State shall--
(1) document the immigration status of each individual
arrested in that State; and
(2) submit to the Attorney General, on an annual basis,
information on the immigration status of each individual
convicted of a crime under the laws of the State during the
previous fiscal year.
(b) Report.--Not later than the end of the first fiscal year that
begins after the date of enactment of this Act and annually thereafter,
the Attorney General shall submit to Congress a report that contains
the information reported to the Attorney General under subsection (a).
<all>
</pre></body></html>
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118HR2633 | Terrorist Organization Classification 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. 2633 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2633
To direct the Secretary of State to submit to Congress a report on the
designation of MS-13, Queen Nation, Sinaloa, Cartel Jalisco Nueva
Generacion, and Beltran Leyva Organization as foreign terrorist
organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To direct the Secretary of State to submit to Congress a report on the
designation of MS-13, Queen Nation, Sinaloa, Cartel Jalisco Nueva
Generacion, and Beltran Leyva Organization as foreign terrorist
organizations, 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 ``Terrorist Organization
Classification Act of 2023''.
SEC. 2. REPORT ON DESIGNATION OF CERTAIN DRUG CARTELS AS FOREIGN
TERRORIST ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that each of
the drug cartels set forth in subsection (b) meets the criteria for
designation as a foreign terrorist organization as set forth in section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(b) Designation.--The Secretary of State shall designate each of
the following Mexican drug cartels as a foreign terrorist organization
under such section 219:
(1) MS-13.
(2) Queen Nation.
(3) Sinaloa.
(4) Cartel Jalisco Nueva Generacion.
(5) Beltran Leyva Organization.
(c) Report.--
(1) Report required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall
submit to the appropriate committees of Congress--
(A) a detailed report on each of the drug cartels
listed in subsection (b) and any other cartels the
Secretary may identify, including the criteria met for
designation as a foreign terrorist organization as set
forth in section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); and
(B) for each of the cartels designated under
subsection (b), if the Secretary determines that the
drug cartel does not meet the criteria set forth under
such section 219, a detailed justification as to which
criteria have not been met.
(2) Designation of additional cartels.--Not later than 30
days after the submission of the report the Secretary shall
designate any cartel or any faction thereof as a foreign
terrorist organization listed in the report that met the
criteria for designation as a foreign terrorist organization as
set forth in section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(3) Form.--The report required by paragraph (1) shall--
(A) be submitted in unclassified form, but may
include a classified annex; and
(B) be made available only in electronic form and
shall not be printed, except if a printed copy is
requested by an office of the legislative branch.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Committee on the Judiciary,
the Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate.
(d) Rule of Construction.--Nothing in this Act may be construed to
expand the eligibility for asylum of any alien by reason of the
designation of a drug cartel as a foreign terrorist organization.
<all>
</pre></body></html>
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118HR2634 | To amend the Internal Revenue Code of 1986 to make alimony deductible. | [
[
"S001222",
"Rep. Santos, George [R-NY-3]",
"sponsor"
]
] | <p>This bill restores the tax deduction for alimony payments.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2634 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2634
To amend the Internal Revenue Code of 1986 to make alimony deductible.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos 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 make alimony deductible.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ALIMONY DEDUCTIBLE.
(a) In General.--Section 11051 of Public Law 115-97 is repealed and
each provision of the Internal Revenue Code of 1986 amended by such
section is amended to read as if the amendments made by such section
had not been enacted.
(b) Effective Date.--The repeal and amendments made by this section
shall apply to--
(1) any divorce or separation instrument (as defined in
section 71(b)(2) of the Internal Revenue Code of 1986 as
amended by this Act) executed after the date of the enactment
of this Act, and
(2) any divorce or separation instrument (as so defined)
executed on or before such date and modified after such date if
the modification expressly provides that the amendments made by
this section apply to such modification.
<all>
</pre></body></html>
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118HR2635 | To amend section 230 of the Communications Act of 1934 to limit liability protection provided by such section for providers of social media service, and for other purposes. | [
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118HR2636 | To amend the Public Health Service Act to include neuropathy in the list of conditions covered by the World Trade Center Health Program, and for other purposes. | [
[
"S001222",
"Rep. Santos, George [R-NY-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2636 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2636
To amend the Public Health Service Act to include neuropathy in the
list of conditions covered by the World Trade Center Health Program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to include neuropathy in the
list of conditions covered by the World Trade Center Health 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. INCLUDING NEUROPATHY IN WORLD TRADE CENTER HEALTH PROGRAM.
(a) List of Health Conditions for WTC Responders.--Section
3312(a)(3) of title XXXIII of the Public Health Service Act (42 U.S.C.
300mm-22(a)(3)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D) Neuropathy.--Any neuropathy (or type of
neuropathy).''.
(b) List of WTC-Related Health Conditions for Survivors.--Section
3322(b) of title XXXIII of the Public Health Service Act (42 U.S.C.
300mm-32(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Neuropathy.--Any neuropathy (or type of
neuropathy).''.
<all>
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118HR2637 | To amend the Internal Revenue Code of 1986 to waive the early withdrawal penalty on certain distributions from qualified retirement plans. | [
[
"S001222",
"Rep. Santos, George [R-NY-3]",
"sponsor"
]
] | <p>This bill allows a waiver of the 10% penalty on premature distributions from tax-exempt retirement plans where such distributions do not exceed the excess of $10,000 over aggregate plan distributions during a specified 5-year period.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2637 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2637
To amend the Internal Revenue Code of 1986 to waive the early
withdrawal penalty on certain distributions from qualified retirement
plans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Santos 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 waive the early
withdrawal penalty on certain distributions from qualified retirement
plans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER OF EARLY WITHDRAWAL PENALTY ON CERTAIN DISTRIBUTIONS
FROM QUALIFIED RETIREMENT PLANS.
(a) In General.--Section 72(t)(2) of the Internal Revenue Code of
1986 is amended to add at the end the following new subparagraph:
``(O) General exemption amount.--
``(i) In general.--Any distribution (other
than a distribution to which paragraph (1) does
not apply without regard to this subparagraph)
from an applicable eligible retirement plan (as
defined in subparagraph (H)(vi)(I)) of any
individual to the extent that such distribution
does not exceed the excess of $10,000 over the
aggregate amount of such distributions made
from all such plans of such individual during
the 5-year period ending on the date of such
distribution.
``(ii) Treatment of plan distributions.--An
applicable eligible retirement plan (as defined
in subparagraph (H)(vi)(I)) shall not be
treated as failing to meet any requirement of
this title merely because the plan allows a
distribution to an individual, unless the
aggregate amount of such distributions (other
than distributions allowed without regard to
this clause) from all plans maintained by the
employer (and any member of any controlled
group which includes the employer, determined
as provided in subparagraph (H)(iv)(II)) to
such individual during the 5-year period ending
on the date of such distribution exceeds
$10,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
<all>
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118HR2638 | CUBA Act of 2023 | [
[
"G000593",
"Rep. Gimenez, Carlos A. [R-FL-28]",
"sponsor"
],
[
"S000168",
"Rep. Salazar, Maria Elvira [R-FL-27]",
"cosponsor"
],
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"cosponsor"
]
] | <p><b>Cuban-American Unrecognized Bravery Act of 2023 or the CUBA Act of 2023</b></p> <p>This bill expands eligibility for Department of Veterans Affairs (VA) benefits to certain individuals who served in the Bay of Pigs, Cuba, in April 1961. Specifically, the bill expands eligibility for benefits to individuals who (1) were members of the military group that invaded the Bay of Pigs in 1961, (2) are citizens of the United States, and (3) have not received VA benefits for which they have applied.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2638 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2638
To direct the Secretary of Veterans Affairs to treat certain
individuals who participated in the invasion of the Bay of Pigs, Cuba,
in April, 1961, as veterans for the purposes of eligibility for
benefits under laws administered by the Secretary.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Gimenez (for himself, Ms. Salazar, and Ms. Malliotakis) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to treat certain
individuals who participated in the invasion of the Bay of Pigs, Cuba,
in April, 1961, as veterans for the purposes of eligibility for
benefits under laws administered by the Secretary.
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 ``Cuban-American Unrecognized Bravery
Act of 2023'' or the ``CUBA Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 16, 1961, Cubans who had been trained and
equipped by the United States landed in the Bay of Pigs, Cuba,
with the mission to topple the Castro regime and free Cuba from
communist tyranny.
(2) Lack of adequate support, and poor planning and
execution of the invasion led to the deaths of several hundred
members of the invasion force and subsequent capture and
imprisonment of the survivors.
(3) Many of these survivors faced harsh conditions
accompanied by torture and threats of execution while they
waited for their release.
(4) After 20 months of negotiations for their release,
President John F. Kennedy welcomed back the last survivors in
Miami, Florida, upon their return to the United States on
December 29, 1962.
(5) Many survivors became productive United States citizens
and contributed greatly to their new home that gave them back
the freedom they lost in Cuba.
(6) Currently, it is estimated that there are approximately
300 survivors still living from the Bay of Pigs invasion. These
survivors still struggle with the emotional effects of the
invasion, along with financial hardships and healthcare
challenges.
(7) These survivors fought on behalf of the United States
in a cause of freedom in the face of global communist tyranny.
They were trained and sent to Cuba by the United States
Government yet do not receive the benefits of veterans that
they deserve and to which they ought to be entitled.
(8) Granting these survivors eligibility for benefits under
the laws administered by the Secretary of Veterans Affairs
would help them and their families with financial and
healthcare burdens, allow for them to receive a military
funeral, and aid in healing the lingering psychological wounds
left from the Bay of Pigs invasion 62 years ago.
SEC. 3. EXPANSION OF ELIGIBILITY FOR VETERANS BENEFITS TO CERTAIN
INDIVIDUALS WHO SERVED IN BAY OF PIGS, CUBA, IN APRIL,
1961.
(a) In General.--For the purposes of determining eligibility for
benefits under the laws administered by the Secretary of Veterans
Affairs, the Secretary shall treat a covered individual as a veteran.
(b) Applicability Date.--Beginning on the date that is 90 days
after the date of the enactment of this Act, a covered individual may
file a claim for a benefit described in subsection (a), and the
Secretary shall consider and make a determination regarding such claim,
without regard to any time limit applicable to such filing or claim.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual whom the Secretary
determines--
(1) was a member of the military group that invaded the Bay
of Pigs, Cuba, in April, 1961;
(2) is a citizen of the United States; and
(3) is not in receipt of the benefit for which the covered
individual applied.
<all>
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118HR2639 | Electrodiagnostic Medicine Patient Protection and Fraud Elimination Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2639 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2639
To amend title XVIII of the Social Security Act to provide for
additional requirements with respect to electrodiagnostic services
under the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Sessions 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
additional requirements with respect to electrodiagnostic services
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 ``Electrodiagnostic Medicine Patient
Protection and Fraud Elimination Act of 2023''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR ELECTRODIAGNOSTIC SERVICES.
Section 1834 of the Social Security Act (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
``(z) Payment for Electrodiagnostic Services.--
``(1) In general.--No payment may be made under this part
for electrodiagnostic services described in paragraph (2)
furnished on or after a date determined appropriate by the
Secretary that is not earlier than 3 years after the date of
the enactment of this subsection and not later than 4 years
after such date of enactment that are not furnished at a
qualified facility.
``(2) Electrodiagnostic services.--The services described
in this paragraph are the following:
``(A) Nerve conduction studies.
``(B) Needle electromyography tests.
``(3) Qualified facility.--In this subsection, the term
`qualified facility' means a facility accredited by an
organization specified by the Secretary pursuant to paragraph
(4).
``(4) Accreditation organizations.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall specify accrediting organizations, in
consultation with the advisory committee described in
paragraph (5), for purposes determining whether a
facility is a qualified facility. The Secretary may
specify an organization pursuant to the preceding
sentence only if such organization requires, as a
condition of accreditation of a facility by such
organization, that such facility meet the requirements
described in subparagraph (B). In making such
specification, the Secretary shall--
``(i) ensure that the number of accrediting
organizations so specified is adequate to
facilitate the accreditation of facilities; and
``(ii) prioritize such specification of
accrediting organizations that are widely
recognized by both public and private entities
as having experience in the accreditation of
such facilities.
``(B) Facility requirements.--The requirements
described in this subparagraph are, with respect to a
facility and electrodiagnostic services furnished at
such facility, the following:
``(i) The facility establishes and
maintains a quality assurance and control
program to ensure the reliability, safety, and
accuracy of such service.
``(ii) The facility ensures that such
service is conducted using a device capable of
performing both nerve conduction studies that
record amplitude and latency and needle
electromyography tests capable of real-time
waveform display and analysis.
``(iii) In the case that such service is a
needle electromyography test, the facility
ensures that the individual furnishing such
test has completed not less than 3 months of
training in performing and interpreting
electrodiagnostic studies during a residency or
fellowship program accredited by the
Accreditation Council for Graduate Medical
Education or the Royal College of Physicians
and Surgeons of Canada, or by an individual
described in section 410.32(b)(2)(iv) of title
42, Code of Federal Regulations (or a successor
regulation).
``(iv) The facility ensures that the
results are interpreted on-site and at the time
of the procedure--
``(I) in the case of a needle
electromyography test, by the
individual who performed such test; and
``(II) in the case of a nerve
conduction study, by the individual who
performed or supervised such study.
``(v) Any other requirement determined
appropriate by the Secretary.
``(C) Regulations.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary
shall finalize regulations that outline--
``(i) the process by which an accrediting
organization may be specified under
subparagraph (A);
``(ii) the duration and the minimum time
period between reviews for reaccreditation an
organization so specified must provide for with
respect to an accreditation of a facility made
by such organization;
``(iii) the process by which the Secretary
may withdraw approval of an accrediting
organization so specified if the Secretary
determines that such organization no longer
requires, as a condition of accreditation of a
facility by such organization, that such
facility meet the requirements described in
subparagraph (B); and
``(iv) the effect such a withdrawal will
have on facilities accredited by such
organization as of the date of such withdrawal.
``(5) Advisory committee.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall establish an advisory committee to be known as
the `National Electrodiagnostic Services Advisory
Committee' (in this subsection referred to as the
`committee') for purposes of carrying out the duties
specified in subparagraph (B).
``(B) Duties.--The duties of the committee are the
following:
``(i) To provide to the Secretary
recommendations with respect to requirements
that may be determined appropriate by the
Secretary pursuant to paragraph (4)(B)(v),
including any proposed additions to such
requirements or modifications of such
requirements. In developing such
recommendations, the committee shall
prioritize--
``(I) reducing unnecessary
treatments and surgeries;
``(II) decreasing the need for
retesting of individuals;
``(III) enhancing the reliability
of diagnoses and promoting positive
health outcomes for individuals;
``(IV) addressing emerging waste,
fraud, and abuse schemes; and
``(V) otherwise improving the
quality of care for individuals.
``(ii) To provide to the Secretary
recommendations regarding the regulations
described in paragraph (4)(C).
``(iii) To provide to the Secretary
recommendations with respect to whether
accrediting organizations seeking to be
specified pursuant to paragraph (4)(A) should
be so specified.
``(C) Composition.--The committee shall be composed
of not fewer than 9 and not more than 11 individuals
selected by the Secretary. Such individuals shall not
be officers or employees of the Federal Government and
shall include--
``(i) at least one physician with
experience in furnishing electrodiagnostic
services described in paragraph (2) in a lab
accredited by an organization determined
appropriate by the Secretary;
``(ii) at least one physical therapist that
is certified in clinical electrophysiology by
an organization determined appropriate by the
Secretary;
``(iii) other health care practitioners;
``(iv) at least one patient representing an
affected community; and
``(v) other individuals determined
appropriate by the Secretary.
``(D) Meetings.--The committee shall convene not
less than twice each year.''.
<all>
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118HR264 | Faithful Execution of the Law Act of 2023 | [
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"L000... | <p><b>Faithful Execution of the Law Act of 2023</b></p> <p>This bill expands the circumstances under which the Department of Justice (DOJ) is required to report to Congress on a policy to refrain from enforcing federal law. </p> <p>Currently, DOJ is required to report to Congress when the Attorney General or other DOJ officer establishes or implements a non-enforcement policy on the grounds that the relevant provision of law is unconstitutional. </p> <p>This bill requires DOJ to report to Congress when any federal officer establishes or implements a non-enforcement policy on any grounds. Further, the bill requires the report to state the grounds for the non-enforcement policy. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 264 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 264
To amend section 530D of title 28, United States Code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Joyce of Ohio (for himself, Mr. Amodei, Mr. LaTurner, Mr. Stewart,
Mr. Latta, Ms. Tenney, and Mr. Austin Scott of Georgia) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 530D of title 28, United States Code.
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 ``Faithful Execution of the Law Act of
2023''.
SEC. 2. AMENDMENT TO SECTION 530D OF TITLE 28, UNITED STATES CODE.
Section 530D(a)(1)(A) of title 28, United States Code, is amended--
(1) by inserting ``or any other Federal officer'' before
``establishes or implements a formal or informal policy''; and
(2) in clause (i), by striking ``on the grounds that such
provision is unconstitutional'' and inserting ``and state the
grounds for such policy''.
<all>
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118HR2640 | Border Security and Enforcement Act of 2023 | [
[
"M001177",
"Rep. McClintock, Tom [R-CA-5]",
"sponsor"
],
[
"B001302",
"Rep. Biggs, Andy [R-AZ-5]",
"cosponsor"
],
[
"L000589",
"Rep. Lesko, Debbie [R-AZ-8]",
"cosponsor"
]
] | <p><b>Border Security and Enforcement Act of 2023</b></p> <p>This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility.</p> <p>For example, the bill</p> <ul> <li>limits asylum eligibility to non-U.S. nationals (<i>aliens</i> under federal law) who arrive in the United States at a port of entry;</li> <li>allows for the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal;</li> <li>expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death;</li> <li>requires a fee of at least $50 for each asylum application, except for certain applications involving an unaccompanied alien child; </li> <li>authorizes the Department of Homeland Security (DHS) to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border;</li> <li>prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors;</li> <li>authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application;</li> <li>imposes additional penalties for overstaying a visa; and</li> <li>requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2640
To provide for reform of the asylum system and protection of the
border.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. McClintock (for himself and Mr. Biggs) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Ways and Means, Education and the
Workforce, and Homeland Security, 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 for reform of the asylum system and protection of the
border.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security
and Enforcement Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
Sec. 101. Short title.
Sec. 102. Safe third country.
Sec. 103. Credible fear interviews.
Sec. 104. Clarification of asylum eligibility.
Sec. 105. Exceptions.
Sec. 106. Employment authorization.
Sec. 107. Asylum fees.
Sec. 108. Rules for determining asylum eligibility.
Sec. 109. Firm resettlement.
Sec. 110. Notice concerning frivolous asylum applications.
Sec. 111. Technical amendments.
Sec. 112. Requirement for procedures relating to certain asylum
applications.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
Sec. 201. Short title.
Sec. 202. Inspection of applicants for admission.
TITLE III--ENSURING UNITED FAMILIES AT THE BORDER
Sec. 301. Short title.
Sec. 302. Clarification of standards for family detention.
TITLE IV--PROTECTION OF CHILDREN
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Repatriation of unaccompanied alien children.
Sec. 404. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
TITLE V--VISA OVERSTAYS PENALTIES
Sec. 501. Short title.
Sec. 502. Expanded penalties for illegal entry or presence.
TITLE VI--IMMIGRATION PAROLE REFORM
Sec. 601. Short title.
Sec. 602. Immigration parole reform.
Sec. 603. Implementation.
Sec. 604. Cause of action.
Sec. 605. Severability.
TITLE VII--LEGAL WORKFORCE
Sec. 701. Short title.
Sec. 702. Employment eligibility verification process.
Sec. 703. Employment eligibility verification system.
Sec. 704. Recruitment, referral, and continuation of employment.
Sec. 705. Good faith defense.
Sec. 706. Preemption and States' rights.
Sec. 707. Repeal.
Sec. 708. Penalties.
Sec. 709. Fraud and misuse of documents.
Sec. 710. Protection of Social Security Administration programs.
Sec. 711. Fraud prevention.
Sec. 712. Use of employment eligibility verification photo tool.
Sec. 713. Identity authentication employment eligibility verification
pilot programs.
Sec. 714. Inspector General audits.
Sec. 715. Agriculture Workforce Study.
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Asylum Reform and Border
Protection Act of 2023''.
SEC. 102. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines'' and
inserting ``if the Attorney General or the Secretary of
Homeland Security determines--'';
(2) by striking ``that the alien may be removed'' and
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary, on a case by case
basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to enter, or
arrived in the United States after transiting through at least
one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to the
United States, unless--
``(I) the alien demonstrates that he or she applied
for protection from persecution or torture in at least
one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through
which the alien transited en route to the United
States, and the alien received a final judgment denying
the alien protection in each country;
``(II) the alien demonstrates that he or she was a
victim of a severe form of trafficking in which a
commercial sex act was induced by force, fraud, or
coercion, or in which the person induced to perform
such act was under the age of 18 years; or in which the
trafficking included the recruitment, harboring,
transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery, and was
unable to apply for protection from persecution in each
country through which the alien transited en route to
the United States as a result of such severe form of
trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the
time of the transit, not parties to the 1951 United
Nations Convention relating to the Status of Refugees,
the 1967 Protocol Relating to the Status of Refugees,
or the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.''.
SEC. 103. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``there is a
significant possibility'' and all that follows, and inserting ``,
taking into account the credibility of the statements made by the alien
in support of the alien's claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
the alien more likely than not could establish eligibility for asylum
under section 208, and it is more likely than not that the statements
made by, and on behalf of, the alien in support of the alien's claim
are true.''.
SEC. 104. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) In General.--Section 208(b)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after
``section 101(a)(42)(A)'' the following: ``(in accordance with the
rules set forth in this section), and is eligible to apply for asylum
under subsection (a)''.
(b) Place of Arrival.--Section 208(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having been
interdicted in international or United States waters),''; and
(2) by inserting after ``United States'' the following:
``and has arrived in the United States at a port of entry
(including an alien who is brought to the United States after
having been interdicted in international or United States
waters),''.
SEC. 105. EXCEPTIONS.
Paragraph (2) of section 208(b) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to
an alien if the Secretary of Homeland Security or the
Attorney General determines that--
``(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
``(ii) the alien has been convicted of any
felony under Federal, State, tribal, or local
law;
``(iii) the alien has been convicted of any
misdemeanor offense under Federal, State,
tribal, or local law involving--
``(I) the unlawful possession or
use of an identification document,
authentication feature, or false
identification document (as those terms
and phrases are defined in the
jurisdiction where the conviction
occurred), unless the alien can
establish that the conviction resulted
from circumstances showing that--
``(aa) the document or
feature was presented before
boarding a common carrier;
``(bb) the document or
feature related to the alien's
eligibility to enter the United
States;
``(cc) the alien used the
document or feature to depart a
country wherein the alien has
claimed a fear of persecution;
and
``(dd) the alien claimed a
fear of persecution without
delay upon presenting himself
or herself to an immigration
officer upon arrival at a
United States port of entry;
``(II) the unlawful receipt of a
Federal public benefit (as defined in
section 401(c) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C.
1611(c))), from a Federal entity, or
the unlawful receipt of similar public
benefits from a State, tribal, or local
entity; or
``(III) possession or trafficking
of a controlled substance or controlled
substance paraphernalia, as those
phrases are defined under the law of
the jurisdiction where the conviction
occurred, other than a single offense
involving possession for one's own use
of 30 grams or less of marijuana (as
marijuana is defined under the law of
the jurisdiction where the conviction
occurred);
``(iv) the alien has been convicted of an
offense arising under paragraph (1)(A) or (2)
of section 274(a), or under section 276;
``(v) the alien has been convicted of a
Federal, State, tribal, or local crime that the
Attorney General or Secretary of Homeland
Security knows, or has reason to believe, was
committed in support, promotion, or furtherance
of the activity of a criminal street gang (as
defined under the law of the jurisdiction where
the conviction occurred or in section 521(a) of
title 18, United States Code);
``(vi) the alien has been convicted of an
offense for driving while intoxicated or
impaired, as those terms are defined under the
law of the jurisdiction where the conviction
occurred (including a conviction for driving
while under the influence of or impaired by
alcohol or drugs), without regard to whether
the conviction is classified as a misdemeanor
or felony under Federal, State, tribal, or
local law, in which such intoxicated or
impaired driving was a cause of serious bodily
injury or death of another person;
``(vii) the alien has been convicted of
more than one offense for driving while
intoxicated or impaired, as those terms are
defined under the law of the jurisdiction where
the conviction occurred (including a conviction
for driving while under the influence of or
impaired by alcohol or drugs), without regard
to whether the conviction is classified as a
misdemeanor or felony under Federal, State,
tribal, or local law;
``(viii) the alien has been convicted of a
crime--
``(I) that involves conduct
amounting to a crime of stalking;
``(II) of child abuse, child
neglect, or child abandonment; or
``(III) that involves conduct
amounting to a domestic assault or
battery offense, including--
``(aa) a misdemeanor crime
of domestic violence, as
described in section 921(a)(33)
of title 18, United States
Code;
``(bb) a crime of domestic
violence, as described in
section 40002(a)(12) of the
Violence Against Women Act of
1994 (34 U.S.C. 12291(a)(12));
or
``(cc) any crime based on
conduct in which the alien
harassed, coerced, intimidated,
voluntarily or recklessly used
(or threatened to use) force or
violence against, or inflicted
physical injury or physical
pain, however slight, upon a
person--
``(AA) who is a
current or former
spouse of the alien;
``(BB) with whom
the alien shares a
child;
``(CC) who is
cohabitating with, or
who has cohabitated
with, the alien as a
spouse;
``(DD) who is
similarly situated to a
spouse of the alien
under the domestic or
family violence laws of
the jurisdiction where
the offense occurred;
or
``(EE) who is
protected from that
alien's acts under the
domestic or family
violence laws of the
United States or of any
State, tribal
government, or unit of
local government;
``(ix) the alien has engaged in acts of
battery or extreme cruelty upon a person and
the person--
``(I) is a current or former spouse
of the alien;
``(II) shares a child with the
alien;
``(III) cohabitates or has
cohabitated with the alien as a spouse;
``(IV) is similarly situated to a
spouse of the alien under the domestic
or family violence laws of the
jurisdiction where the offense
occurred; or
``(V) is protected from that
alien's acts under the domestic or
family violence laws of the United
States or of any State, tribal
government, or unit of local
government;
``(x) the alien, having been convicted by a
final judgment of a particularly serious crime,
constitutes a danger to the community of the
United States;
``(xi) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the United
States prior to the arrival of the alien in the
United States;
``(xii) there are reasonable grounds for
regarding the alien as a danger to the security
of the United States;
``(xiii) the alien is described in
subclause (I), (II), (III), (IV), or (VI) of
section 212(a)(3)(B)(i) or section 237(a)(4)(B)
(relating to terrorist activity), unless, in
the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the
Secretary of Homeland Security or the Attorney
General determines, in the Secretary's or the
Attorney General's discretion, that there are
not reasonable grounds for regarding the alien
as a danger to the security of the United
States;
``(xiv) the alien was firmly resettled in
another country prior to arriving in the United
States; or
``(xv) there are reasonable grounds for
concluding the alien could avoid persecution by
relocating to another part of the alien's
country of nationality or, in the case of an
alien having no nationality, another part of
the alien's country of last habitual residence.
``(B) Special rules.--
``(i) Particularly serious crime; serious
nonpolitical crime outside the united states.--
``(I) In general.--For purposes of
subparagraph (A)(x), the Attorney
General or Secretary of Homeland
Security, in their discretion, may
determine that a conviction constitutes
a particularly serious crime based on--
``(aa) the nature of the
conviction;
``(bb) the type of sentence
imposed; or
``(cc) the circumstances
and underlying facts of the
conviction.
``(II) Determination.--In making a
determination under subclause (I), the
Attorney General or Secretary of
Homeland Security may consider all
reliable information and is not limited
to facts found by the criminal court or
provided in the underlying record of
conviction.
``(III) Treatment of felonies.--In
making a determination under subclause
(I), an alien who has been convicted of
a felony (as defined under this
section) or an aggravated felony (as
defined under section 101(a)(43)),
shall be considered to have been
convicted of a particularly serious
crime.
``(IV) Interpol red notice.--In
making a determination under
subparagraph (A)(xi), an Interpol Red
Notice may constitute reliable evidence
that the alien has committed a serious
nonpolitical crime outside the United
States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or
impaired.--A finding under subparagraph
(A)(vi) does not require the Attorney
General or Secretary of Homeland
Security to find the first conviction
for driving while intoxicated or
impaired (including a conviction for
driving while under the influence of or
impaired by alcohol or drugs) as a
predicate offense. The Attorney General
or Secretary of Homeland Security need
only make a factual determination that
the alien previously was convicted for
driving while intoxicated or impaired
as those terms are defined under the
jurisdiction where the conviction
occurred (including a conviction for
driving while under the influence of or
impaired by alcohol or drugs).
``(II) Stalking and other crimes.--
In making a determination under
subparagraph (A)(viii), including
determining the existence of a domestic
relationship between the alien and the
victim, the underlying conduct of the
crime may be considered, and the
Attorney General or Secretary of
Homeland Security is not limited to
facts found by the criminal court or
provided in the underlying record of
conviction.
``(III) Battery or extreme
cruelty.--In making a determination
under subparagraph (A)(ix), the phrase
`battery or extreme cruelty' includes--
``(aa) any act or
threatened act of violence,
including any forceful
detention, which results or
threatens to result in physical
or mental injury;
``(bb) psychological or
sexual abuse or exploitation,
including rape, molestation,
incest, or forced prostitution,
shall be considered acts of
violence; and
``(cc) other abusive acts,
including acts that, in and of
themselves, may not initially
appear violent, but that are a
part of an overall pattern of
violence.
``(IV) Exception for victims of
domestic violence.--An alien who was
convicted of an offense described in
clause (viii) or (ix) of subparagraph
(A) is not ineligible for asylum on
that basis if the alien satisfies the
criteria under section 237(a)(7)(A).
``(C) Specific circumstances.--Paragraph (1) shall
not apply to an alien whose claim is based on--
``(i) personal animus or retribution,
including personal animus in which the alleged
persecutor has not targeted, or manifested an
animus against, other members of an alleged
particular social group in addition to the
member who has raised the claim at issue;
``(ii) the applicant's generalized
disapproval of, disagreement with, or
opposition to criminal, terrorist, gang,
guerilla, or other non-state organizations
absent expressive behavior in furtherance of a
discrete cause against such organizations
related to control of a State or expressive
behavior that is antithetical to the State or a
legal unit of the State;
``(iii) the applicant's resistance to
recruitment or coercion by guerrilla, criminal,
gang, terrorist, or other non-state
organizations;
``(iv) the targeting of the applicant for
criminal activity for financial gain based on
wealth or affluence or perceptions of wealth or
affluence;
``(v) the applicant's criminal activity; or
``(vi) the applicant's perceived, past or
present, gang affiliation.
``(D) Definitions and clarifications.--
``(i) Definitions.--For purposes of this
paragraph:
``(I) Felony.--The term `felony'
means--
``(aa) any crime defined as
a felony by the relevant
jurisdiction (Federal, State,
tribal, or local) of
conviction; or
``(bb) any crime punishable
by more than one year of
imprisonment.
``(II) Misdemeanor.--The term
`misdemeanor' means--
``(aa) any crime defined as
a misdemeanor by the relevant
jurisdiction (Federal, State,
tribal, or local) of
conviction; or
``(bb) any crime not
punishable by more than one
year of imprisonment.
``(ii) Clarifications.--
``(I) Construction.--For purposes
of this paragraph, whether any activity
or conviction also may constitute a
basis for removal is immaterial to a
determination of asylum eligibility.
``(II) Attempt, conspiracy, or
solicitation.--For purposes of this
paragraph, all references to a criminal
offense or criminal conviction shall be
deemed to include any attempt,
conspiracy, or solicitation to commit
the offense or any other inchoate form
of the offense.
``(III) Effect of certain orders.--
``(aa) In general.--No
order vacating a conviction,
modifying a sentence,
clarifying a sentence, or
otherwise altering a conviction
or sentence shall have any
effect under this paragraph
unless the Attorney General or
Secretary of Homeland Security
determines that--
``(AA) the court
issuing the order had
jurisdiction and
authority to do so; and
``(BB) the order
was not entered for
rehabilitative purposes
or for purposes of
ameliorating the
immigration
consequences of the
conviction or sentence.
``(bb) Ameliorating
immigration consequences.--For
purposes of item (aa)(BB), the
order shall be presumed to be
for the purpose of ameliorating
immigration consequences if--
``(AA) the order
was entered after the
initiation of any
proceeding to remove
the alien from the
United States; or
``(BB) the alien
moved for the order
more than one year
after the date of the
original order of
conviction or
sentencing, whichever
is later.
``(cc) Authority of
immigration judge.--An
immigration judge is not
limited to consideration only
of material included in any
order vacating a conviction,
modifying a sentence, or
clarifying a sentence to
determine whether such order
should be given any effect
under this paragraph, but may
consider such additional
information as the immigration
judge determines appropriate.
``(E) Additional limitations.--The Secretary of
Homeland Security or the Attorney General may by
regulation establish additional limitations and
conditions, consistent with this section, under which
an alien shall be ineligible for asylum under paragraph
(1).
``(F) No judicial review.--There shall be no
judicial review of a determination of the Secretary of
Homeland Security or the Attorney General under
subparagraph (A)(xiii).''.
SEC. 106. EMPLOYMENT AUTHORIZATION.
Paragraph (2) of section 208(d) of the Immigration and Nationality
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Authorization permitted.--An applicant for
asylum is not entitled to employment authorization, but
such authorization may be provided under regulation by
the Secretary of Homeland Security. An applicant who is
not otherwise eligible for employment authorization
shall not be granted such authorization prior to the
date that is 180 days after the date of filing of the
application for asylum.
``(B) Termination.--Each grant of employment
authorization under subparagraph (A), and any renewal
or extension thereof, shall be valid for a period of 6
months, except that such authorization, renewal, or
extension shall terminate prior to the end of such 6
month period as follows:
``(i) Immediately following the denial of
an asylum application by an asylum officer,
unless the case is referred to an immigration
judge.
``(ii) 30 days after the date on which an
immigration judge denies an asylum application,
unless the alien timely appeals to the Board of
Immigration Appeals.
``(iii) Immediately following the denial by
the Board of Immigration Appeals of an appeal
of a denial of an asylum application.
``(C) Renewal.--The Secretary of Homeland Security
may not grant, renew, or extend employment
authorization to an alien if the alien was previously
granted employment authorization under subparagraph
(A), and the employment authorization was terminated
pursuant to a circumstance described in subparagraph
(B)(i), (ii), or (iii), unless a Federal court of
appeals remands the alien's case to the Board of
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland
Security may not grant employment authorization to an
alien under this paragraph if the alien--
``(i) is ineligible for asylum under
subsection (b)(2)(A); or
``(ii) entered or attempted to enter the
United States at a place and time other than
lawfully through a United States port of
entry.''.
SEC. 107. ASYLUM FEES.
Paragraph (3) of section 208(d) of the Immigration and Nationality
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(3) Fees.--
``(A) Application fee.--A fee of not less than $50
for each application for asylum shall be imposed. Such
fee shall not exceed the cost of adjudicating the
application. Such fee shall not apply to an
unaccompanied alien child who files an asylum
application in proceedings under section 240.
``(B) Employment authorization.--A fee may also be
imposed for the consideration of an application for
employment authorization under this section and for
adjustment of status under section 209(b). Such a fee
shall not exceed the cost of adjudicating the
application.
``(C) Payment.--Fees under this paragraph may be
assessed and paid over a period of time or by
installments.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit the authority of
the Attorney General or Secretary of Homeland Security
to set adjudication and naturalization fees in
accordance with section 286(m).''.
SEC. 108. RULES FOR DETERMINING ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended by adding at the end the following:
``(f) Rules for Determining Asylum Eligibility.--In making a
determination under subsection (b)(1)(A) with respect to whether an
alien is a refugee within the meaning of section 101(a)(42)(A), the
following shall apply:
``(1) Particular social group.--The Secretary of Homeland
Security or the Attorney General shall not determine that an
alien is a member of a particular social group unless the alien
articulates on the record, or provides a basis on the record
for determining, the definition and boundaries of the alleged
particular social group, establishes that the particular social
group exists independently from the alleged persecution, and
establishes that the alien's claim of membership in a
particular social group does not involve--
``(A) past or present criminal activity or
association (including gang membership);
``(B) presence in a country with generalized
violence or a high crime rate;
``(C) being the subject of a recruitment effort by
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal
activity for financial gain based on perceptions of
wealth or affluence;
``(E) interpersonal disputes of which governmental
authorities in the relevant society or region were
unaware or uninvolved;
``(F) private criminal acts of which governmental
authorities in the relevant society or region were
unaware or uninvolved;
``(G) past or present terrorist activity or
association;
``(H) past or present persecutory activity or
association; or
``(I) status as an alien returning from the United
States.
``(2) Political opinion.--The Secretary of Homeland
Security or the Attorney General may not determine that an
alien holds a political opinion with respect to which the alien
is subject to persecution if the political opinion is
constituted solely by generalized disapproval of, disagreement
with, or opposition to criminal, terrorist, gang, guerilla, or
other non-state organizations and does not include expressive
behavior in furtherance of a cause against such organizations
related to efforts by the State to control such organizations
or behavior that is antithetical to or otherwise opposes the
ruling legal entity of the State or a unit thereof.
``(3) Persecution.--The Secretary of Homeland Security or
the Attorney General may not determine that an alien has been
subject to persecution or has a well-founded fear of
persecution based only on--
``(A) the existence of laws or government policies
that are unenforced or infrequently enforced, unless
there is credible evidence that such a law or policy
has been or would be applied to the applicant
personally; or
``(B) the conduct of rogue foreign government
officials acting outside the scope of their official
capacity.
``(4) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary
of Homeland Security or the Attorney General may only
grant asylum to an alien if the alien establishes that
he or she warrants a favorable exercise of discretion.
In making such a determination, the Attorney General or
Secretary of Homeland Security shall consider, if
applicable, an alien's use of fraudulent documents to
enter the United States, unless the alien arrived in
the United States by air, sea, or land directly from
the applicant's home country without transiting through
any other country.
``(B) Favorable exercise of discretion not
permitted.--Except as provided in subparagraph (C), the
Attorney General or Secretary of Homeland Security
shall not favorably exercise discretion under this
section for any alien who--
``(i) has accrued more than one year of
unlawful presence in the United States, as
defined in sections 212(a)(9)(B)(ii) and (iii),
prior to filing an application for asylum;
``(ii) at the time the asylum application
is filed with the immigration court or is
referred from the Department of Homeland
Security, has--
``(I) failed to timely file (or
timely file a request for an extension
of time to file) any required Federal,
State, or local income tax returns;
``(II) failed to satisfy any
outstanding Federal, State, or local
tax obligations; or
``(III) income that would result in
tax liability under section 1 of the
Internal Revenue Code of 1986 and that
was not reported to the Internal
Revenue Service;
``(iii) has had two or more prior asylum
applications denied for any reason;
``(iv) has withdrawn a prior asylum
application with prejudice or been found to
have abandoned a prior asylum application;
``(v) failed to attend an interview
regarding his or her asylum application with
the Department of Homeland Security, unless the
alien shows by a preponderance of the evidence
that--
``(I) exceptional circumstances
prevented the alien from attending the
interview; or
``(II) the interview notice was not
mailed to the last address provided by
the alien or the alien's representative
and neither the alien nor the alien's
representative received notice of the
interview; or
``(vi) was subject to a final order of
removal, deportation, or exclusion and did not
file a motion to reopen to seek asylum based on
changed country conditions within one year of
the change in country conditions.
``(C) Exceptions.--If one or more of the adverse
discretionary factors set forth in subparagraph (B) are
present, the Attorney General or the Secretary, may,
notwithstanding such subparagraph (B), favorably
exercise discretion under section 208--
``(i) in extraordinary circumstances, such
as those involving national security or foreign
policy considerations; or
``(ii) if the alien, by clear and
convincing evidence, demonstrates that the
denial of the application for asylum would
result in exceptional and extremely unusual
hardship to the alien.
``(5) Limitation.--If the Secretary or the Attorney General
determines that an alien fails to satisfy the requirement under
paragraph (1), the alien may not be granted asylum based on
membership in a particular social group, and may not appeal the
determination of the Secretary or Attorney General, as
applicable. A determination under this paragraph shall not
serve as the basis for any motion to reopen or reconsider an
application for asylum or withholding of removal for any
reason, including a claim of ineffective assistance of counsel,
unless the alien complies with the procedural requirements for
such a motion and demonstrates that counsel's failure to
define, or provide a basis for defining, a formulation of a
particular social group was both not a strategic choice and
constituted egregious conduct.
``(6) Stereotypes.--Evidence offered in support of an
application for asylum that promotes cultural stereotypes about
a country, its inhabitants, or an alleged persecutor, including
stereotypes based on race, religion, nationality, or gender,
shall not be admissible in adjudicating that application,
except that evidence that an alleged persecutor holds
stereotypical views of the applicant shall be admissible.
``(7) Definitions.--In this section:
``(A) The term `membership in a particular social
group' means membership in a group that is--
``(i) composed of members who share a
common immutable characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the
society in question.
``(B) The term `political opinion' means an ideal
or conviction in support of the furtherance of a
discrete cause related to political control of a state
or a unit thereof.
``(C) The term `persecution' means the infliction
of a severe level of harm constituting an exigent
threat by the government of a country or by persons or
an organization that the government was unable or
unwilling to control. Such term does not include--
``(i) generalized harm or violence that
arises out of civil, criminal, or military
strife in a country;
``(ii) all treatment that the United States
regards as unfair, offensive, unjust, unlawful,
or unconstitutional;
``(iii) intermittent harassment, including
brief detentions;
``(iv) threats with no actual effort to
carry out the threats, except that
particularized threats of severe harm of an
immediate and menacing nature made by an
identified entity may constitute persecution;
or
``(v) non-severe economic harm or property
damage.''.
SEC. 109. FIRM RESETTLEMENT.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158),
as amended by this Act, is further amended by adding at the end the
following:
``(g) Firm Resettlement.--In determining whether an alien was
firmly resettled in another country prior to arriving in the United
States under subsection (b)(2)(A)(xiv), the following shall apply:
``(1) In general.--An alien shall be considered to have
firmly resettled in another country if, after the events giving
rise to the alien's asylum claim--
``(A) the alien resided in a country through which
the alien transited prior to arriving in or entering
the United States and--
``(i) received or was eligible for any
permanent legal immigration status in that
country;
``(ii) resided in such a country with any
non-permanent but indefinitely renewable legal
immigration status (including asylee, refugee,
or similar status, but excluding status of a
tourist); or
``(iii) resided in such a country and could
have applied for and obtained an immigration
status described in clause (ii);
``(B) the alien physically resided voluntarily, and
without continuing to suffer persecution or torture, in
any one country for one year or more after departing
his country of nationality or last habitual residence
and prior to arrival in or entry into the United
States, except for any time spent in Mexico by an alien
who is not a native or citizen of Mexico solely as a
direct result of being returned to Mexico pursuant to
section 235(b)(2)(C) or of being subject to metering;
or
``(C) the alien is a citizen of a country other
than the country in which the alien alleges a fear of
persecution, or was a citizen of such a country in the
case of an alien who renounces such citizenship, and
the alien was present in that country after departing
his country of nationality or last habitual residence
and prior to arrival in or entry into the United
States;
``(2) Burden of proof.--If an immigration judge determines
that an alien has firmly resettled in another country under
paragraph (1), the alien shall bear the burden of proving the
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country if
the alien's parent was firmly resettled in another country, the
parent's resettlement occurred before the alien turned 18 years
of age, and the alien resided with such parent at the time of
the firm resettlement, unless the alien establishes that he or
she could not have derived any permanent legal immigration
status or any non-permanent but indefinitely renewable legal
immigration status (including asylum, refugee, or similar
status, but excluding status of a tourist) from the alien's
parent.''.
SEC. 110. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) In general.--If the Secretary of Homeland
Security or the Attorney General determines that an
alien has knowingly made a frivolous application for
asylum and the alien has received the notice under
paragraph (4)(C), the alien shall be permanently
ineligible for any benefits under this chapter,
effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of the material elements are
knowingly fabricated.
``(C) Sufficient opportunity to clarify.--In
determining that an application is frivolous, the
Secretary or the Attorney General, must be satisfied
that the applicant, during the course of the
proceedings, has had sufficient opportunity to clarify
any discrepancies or implausible aspects of the claim.
``(D) Withholding of removal not precluded.--For
purposes of this section, a finding that an alien filed
a frivolous asylum application shall not preclude the
alien from seeking withholding of removal under section
241(b)(3) or protection pursuant to the Convention
Against Torture.''.
SEC. 111. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
SEC. 112. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN ASYLUM
APPLICATIONS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall establish procedures
to expedite the adjudication of asylum applications for aliens--
(1) who are subject to removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
and
(2) who are nationals of a Western Hemisphere country
sanctioned by the United States, as described in subsection
(b), as of January 1, 2023.
(b) Western Hemisphere Country Sanctioned by the United States
Described.--Subsection (a) shall apply only to an asylum application
filed by an alien who is a national of a Western Hemisphere country
subject to sanctions pursuant to--
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 note);
(2) the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701
note); or
(3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a
national emergency with respect to the situation in Venezuela).
(c) Applicability.--This section shall only apply to an alien who
files an application for asylum after the date of the enactment of this
Act.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Border Safety and Migrant
Protection Act of 2023''.
SEC. 202. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by
striking ``section 212(a)(6)(C)''
inserting ``subparagraph (A) or (C) of
section 212(a)(6)''; and
(II) by adding at the end the
following:
``(iv) Ineligibility for parole.--An alien
described in clause (i) or (ii) shall not be
eligible for parole except as expressly
authorized pursuant to section 212(d)(5), or
for parole or release pursuant to section
236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking
``asylum.'' and inserting ``asylum and
shall not be released (including
pursuant to parole or release pursuant
to section 236(a) but excluding as
expressly authorized pursuant to
section 212(d)(5)) other than to be
removed or returned to a country as
described in paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the header by
striking ``detention'' and
inserting ``detention, return,
or removal''; and
(bb) by adding at the end
the following: ``The alien
shall not be released
(including pursuant to parole
or release pursuant to section
236(a) but excluding as
expressly authorized pursuant
to section 212(d)(5)) other
than to be removed or returned
to a country as described in
paragraph (3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to
subparagraphs (B) and (C),'' and
inserting ``Subject to subparagraph (B)
and paragraph (3),''; and
(II) by adding at the end the
following: ``The alien shall not be
released (including pursuant to parole
or release pursuant to section 236(a)
but excluding as expressly authorized
pursuant to section 212(d)(5)) other
than to be removed or returned to a
country as described in paragraph
(3).''; and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph
(6); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland
Security may return to a foreign territory contiguous
to the United States any alien arriving on land from
that territory (whether or not at a designated port of
entry) pending a proceeding under section 240 or review
of a determination under subsection
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--If at any time the
Secretary of Homeland Security cannot--
``(i) comply with its obligations to detain
an alien as required under clause (ii) and
(iii)(IV) of subsection (b)(1)(B) and
subsection (b)(2)(A); or
``(ii) remove an alien to a country
described in section 208(a)(2)(A),
the Secretary of Homeland Security shall, without
exception, including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5), return to a
foreign territory contiguous to the United States any
alien arriving on land from that territory (whether or
not at a designated port of entry) pending a proceeding
under section 240 or review of a determination under
subsection (b)(1)(B)(iii)(III).
``(4) Required suspension of entry of aliens.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall prohibit the entry of aliens who are
inadmissible under subparagraph (A) or (C) of section 212(a)(6)
or under section 212(a)(7) for any period during which the
Secretary cannot comply with the requirements under section
212(b)(3)(B).
``(5) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer, alleging
a violation of the detention, return, removal, or suspension
requirements under paragraph (1), (2), (3), or (4) that affects
such State or its residents, may bring an action against the
Secretary of Homeland Security on behalf of the residents of
the State in an appropriate United States district court to
obtain appropriate injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain Aliens.--If the
Secretary of Homeland Security determines, in his discretion, that the
prohibition of the introduction of aliens who are inadmissible under
subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7)
at an international land or maritime border of the United States is
necessary to achieve operational control (as defined in section 2 of
the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the
Secretary may prohibit, in whole or in part, the introduction of such
aliens at such border for such period of time as the Secretary
determines is necessary for such purpose.''.
TITLE III--ENSURING UNITED FAMILIES AT THE BORDER
SEC. 301. SHORT TITLE.
This title may be cited as the ``Ensuring United Families at the
Border Act''.
SEC. 302. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period during which the charges described in
clause (i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that the
amendments in this section to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) are intended to satisfy the requirements of the Settlement
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal), as approved by
the court on January 28, 1997, with respect to its interpretation in
Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the
agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all actions that occur before, on, or after the date of the enactment
of this Act.
(d) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of one or more of such children
and the parents or legal guardians of such children, that is located in
that State, be licensed by the State or any political subdivision
thereof.
TITLE IV--PROTECTION OF CHILDREN
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protection of Children Act of
2023''.
SEC. 402. FINDINGS.
Congress makes the following findings:
(1) Implementation of the provisions of the Trafficking
Victims Protection Reauthorization Act of 2008 that govern
unaccompanied alien children has incentivized multiple surges
of unaccompanied alien children arriving at the southwest
border in the years since the bill's enactment.
(2) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 that govern unaccompanied alien
children treat unaccompanied alien children from countries that
are contiguous to the United States disparately by swiftly
returning them to their home country absent indications of
trafficking or a credible fear of return, but allowing for the
release of unaccompanied alien children from noncontiguous
countries into the interior of the United States, often to
those individuals who paid to smuggle them into the country in
the first place.
(3) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 governing unaccompanied alien
children have enriched the cartels, who profit hundreds of
millions of dollars each year by smuggling unaccompanied alien
children to the southwest border, exploiting and sexually
abusing many such unaccompanied alien children on the perilous
journey.
(4) Prior to 2008, the number of unaccompanied alien
children encountered at the southwest border never exceeded
1,000 in a single year.
(5) The United States is currently in the midst of the
worst crisis of unaccompanied alien children in our nation's
history, with over 350,000 such unaccompanied alien children
encountered at the southwest border since Joe Biden became
President.
(6) In 2022, during the Biden Administration, 152,057
unaccompanied alien children were encountered, the most ever in
a single year and an over 400 percent increase compared to the
last full fiscal year of the Trump Administration in which
33,239 unaccompanied alien children were encountered.
(7) The Biden Administration has lost contact with at least
85,000 unaccompanied alien children who entered the United
States since Joe Biden took office.
(8) The Biden Administration dismantled effective
safeguards put in place by the Trump Administration that
protected unaccompanied alien children from being abused by
criminals or exploited for illegal and dangerous child labor.
(9) A recent New York Times investigation found that
unaccompanied alien children are being exploited in the labor
market and ``are ending up in some of the most punishing jobs
in the country.''.
(10) The Times investigation found unaccompanied alien
children, ``under intense pressure to earn money'' in order to
``send cash back to their families while often being in debt to
their sponsors for smuggling fees, rent, and living expenses,''
feared ``that they had become trapped in circumstances they
never could have imagined.''.
(11) The Biden Administration's Department of Health and
Human Services Secretary Xavier Becerra compared placing
unaccompanied alien children with sponsors, to widgets in an
assembly line, stating that, ``If Henry Ford had seen this in
his plant, he would have never become famous and rich. This is
not the way you do an assembly line.''.
(12) Department of Health and Human Services employees
working under Secretary Xavier Becerra's leadership penned a
July 2021 memorandum expressing serious concern that ``labor
trafficking was increasing'' and that the agency had become
``one that rewards individuals for making quick releases, and
not one that rewards individuals for preventing unsafe
releases.''.
(13) Despite this, Secretary Xavier Becerra pressured then-
Director of the Office of Refugee Resettlement Cindy Huang to
prioritize releases of unaccompanied alien children over
ensuring their safety, telling her ``if she could not increase
the number of discharges he would find someone who could'' and
then-Director Huang resigned one month later.
(14) In June 2014, the Obama-Biden Administration requested
legal authority to exercise discretion in returning and
removing unaccompanied alien children from non-contiguous
countries back to their home countries.
(15) In August 2014, the House of Representatives passed
H.R. 5320, which included the Protection of Children Act.
(16) The Protection of Children Act of 2023 ends the
disparate policies of the Trafficking Victims Protection
Reauthorization Act of 2008 by ensuring the swift return of all
unaccompanied alien children to their country of origin if they
are not victims of trafficking and do not have a fear of
return.
SEC. 403. 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, information
on--
``(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; and
``(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. 404. 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;''.
TITLE V--VISA OVERSTAYS PENALTIES
SEC. 501. SHORT TITLE.
This title may be cited as the ``Visa Overstays Penalties Act''.
SEC. 502. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50
and not more than $250'' and inserting ``not less than
$500 and not more than $1,000''; and
(B) in paragraph (2), by inserting after ``in the
case of an alien who has been previously subject to a
civil penalty under this subsection'' the following:
``or subsection (e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a
nonimmigrant has violated this paragraph if the alien, for an
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which
the alien was admitted, or to which it was changed
under section 248, including complying with the period
of stay authorized by the Secretary of Homeland
Security in connection with such status; or
``(B) to comply otherwise with the conditions of
such nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a
violation, be fined under title 18, United
States Code, or imprisoned not more than 6
months, or both; and
``(ii) for a subsequent commission of such
a violation, or if the alien was previously
convicted of an offense under subsection (a),
be fined under such title 18, or imprisoned not
more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any
penalty under subparagraph (A) and any other criminal
or civil penalties that may be imposed, shall be
subject to a civil penalty of--
``(i) not less than $500 and not more than
$1,000 for each violation; or
``(ii) twice the amount specified in clause
(i), in the case of an alien who has been
previously subject to a civil penalty under
this subparagraph or subsection (b).''.
TITLE VI--IMMIGRATION PAROLE REFORM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Immigration Parole Reform Act of
2023''.
SEC. 602. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C)
and section 214(f), the Secretary of Homeland Security, in the
discretion of the Secretary, may temporarily parole into the
United States any alien applying for admission to the United
States who is not present in the United States, under such
conditions as the Secretary may prescribe, on a case-by-case
basis, and not according to eligibility criteria describing an
entire class of potential parole recipients, for urgent
humanitarian reasons or significant public benefit. Parole
granted under this subparagraph may not be regarded as an
admission of the alien. When the purposes of such parole have
been served in the opinion of the Secretary, the alien shall
immediately return or be returned to the custody from which the
alien was paroled. After such return, the case of the alien
shall be dealt with in the same manner as the case of any other
applicant for admission to the United States.
``(B) The Secretary of Homeland Security may grant parole
to any alien who--
``(i) is present in the United States without
lawful immigration status;
``(ii) is the beneficiary of an approved petition
under section 203(a);
``(iii) is not otherwise inadmissible or removable;
and
``(iv) is the spouse or child of a member of the
Armed Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole
to any alien--
``(i) who is a national of the Republic of Cuba and
is living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved
petition under section 203(a);
``(iii) for whom an immigrant visa is not
immediately available;
``(iv) who meets all eligibility requirements for
an immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in
furtherance of the commitment of the United States to
the minimum level of annual legal migration of Cuban
nationals to the United States specified in the U.S.-
Cuba Joint Communique on Migration, done at New York
September 9, 1994, and reaffirmed in the Cuba-United
States: Joint Statement on Normalization of Migration,
Building on the Agreement of September 9, 1994, done at
New York May 2, 1995.
``(D) The Secretary of Homeland Security may grant parole
to an alien who is returned to a contiguous country under
section 235(b)(2)(C) to allow the alien to attend the alien's
immigration hearing. The grant of parole shall not exceed the
time required for the alien to be escorted to, and attend, the
alien's immigration hearing scheduled on the same calendar day
as the grant, and to immediately thereafter be escorted back to
the contiguous country. A grant of parole under this
subparagraph shall not be considered for purposes of
determining whether the alien is inadmissible under this Act.
``(E) For purposes of determining an alien's eligibility
for parole under subparagraph (A), an urgent humanitarian
reason shall be limited to circumstances in which the alien
establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary
treatment in the foreign state in which the alien is
residing; or
``(bb) the medical emergency is life-threatening
and there is insufficient time for the alien to be
admitted to the United States through the normal visa
process;
``(ii) the alien is the parent or legal guardian of
an alien described in clause (i) and the alien
described in clause (i) is a minor;
``(iii) the alien is needed in the United States in
order to donate an organ or other tissue for transplant
and there is insufficient time for the alien to be
admitted to the United States through the normal visa
process;
``(iv) the alien has a close family member in the
United States whose death is imminent and the alien
could not arrive in the United States in time to see
such family member alive if the alien were to be
admitted to the United States through the normal visa
process;
``(v) the alien is seeking to attend the funeral of
a close family member and the alien could not arrive in
the United States in time to attend such funeral if the
alien were to be admitted to the United States through
the normal visa process;
``(vi) the alien is an adopted child with an urgent
medical condition who is in the legal custody of the
petitioner for a final adoption-related visa and whose
medical treatment is required before the expected award
of a final adoption-related visa; or
``(vii) the alien is a lawful applicant for
adjustment of status under section 245 and is returning
to the United States after temporary travel abroad.
``(F) For purposes of determining an alien's eligibility
for parole under subparagraph (A), a significant public benefit
may be determined to result from the parole of an alien only
if--
``(i) the alien has assisted (or will assist,
whether knowingly or not) the United States Government
in a law enforcement matter;
``(ii) the alien's presence is required by the
Government in furtherance of such law enforcement
matter; and
``(iii) the alien is inadmissible, does not satisfy
the eligibility requirements for admission as a
nonimmigrant, or there is insufficient time for the
alien to be admitted to the United States through the
normal visa process.
``(G) For purposes of determining an alien's eligibility
for parole under subparagraph (A), the term `case-by-case
basis' means that the facts in each individual case are
considered and parole is not granted based on membership in a
defined class of aliens to be granted parole. The fact that
aliens are considered for or granted parole one-by-one and not
as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(H) The Secretary of Homeland Security may not use the
parole authority under this paragraph to parole an alien into
the United States for any reason or purpose other than those
described in subparagraphs (B), (C), (D), (E), and (F).
``(I) An alien granted parole may not accept employment,
except that an alien granted parole pursuant to subparagraph
(B) or (C) is authorized to accept employment for the duration
of the parole, as evidenced by an employment authorization
document issued by the Secretary of Homeland Security.
``(J) Parole granted after a departure from the United
States shall not be regarded as an admission of the alien. An
alien granted parole, whether as an initial grant of parole or
parole upon reentry into the United States, is not eligible to
adjust status to lawful permanent residence or for any other
immigration benefit if the immigration status the alien had at
the time of departure did not authorize the alien to adjust
status or to be eligible for such benefit.
``(K)(i) Except as provided in clauses (ii) and (iii),
parole shall be granted to an alien under this paragraph for
the shorter of--
``(I) a period of sufficient length to accomplish
the activity described in subparagraph (D), (E), or (F)
for which the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an
additional period that is the shorter of--
``(I) the period that is necessary to accomplish
the activity described in subparagraph (E) or (F) for
which the alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust
status to permanent residence under section 245 may request
extensions of parole under this paragraph, in 1-year
increments, until the application for adjustment has been
adjudicated. Such parole shall terminate immediately upon the
denial of such adjustment application.
``(L) Not later than 90 days after the last day of each
fiscal year, the Secretary of Homeland Security shall submit to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives and make
available to the public, a report--
``(i) identifying the total number of aliens
paroled into the United States under this paragraph
during the previous fiscal year; and
``(ii) containing information and data regarding
all aliens paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so
paroled.''.
SEC. 603. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date that is
30 days after the date of the enactment of this Act.
(b) Exceptions.--Notwithstanding subsection (a), each of the
following exceptions apply:
(1) Any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall be
adjudicated under the law that was in effect on the date on
which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved.
(2) Section 212(d)(5)(J) of the Immigration and Nationality
Act, as added by section 2, shall take effect on the date of
the enactment of this Act.
(3) Aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue
to be subject to the terms of parole that were in effect on the
date on which their respective parole was approved.
SEC. 604. CAUSE OF ACTION.
Any person, State, or local government that experiences financial
harm in excess of $1,000 due to a failure of the Federal Government to
lawfully apply the provisions of this Act or the amendments made by
this Act shall have standing to bring a civil action against the
Federal Government in an appropriate district court of the United
States for appropriate relief.
SEC. 605. SEVERABILITY.
If any provision of this Act or any amendment by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the application of such provision or amendment to any other person
or circumstance shall not be affected.
TITLE VII--LEGAL WORKFORCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Legal Workforce Act''.
SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (E)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Legal Workforce Act, that it has verified that
the individual is not an unauthorized alien
by--
``(I) obtaining from the individual
the individual's social security
account number or United States
passport number and recording the
number on the form (if the individual
claims to have been issued such a
number), and, if the individual does
not attest to United States nationality
under subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a handwritten or
electronic signature.
``(B) Individual attestation of employment
authorization.--During the verification period (as
defined in subparagraph (E)), the individual shall
attest, under penalty of perjury on the form designated
or established for purposes of subparagraph (A), that
the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent
residence, or an alien who is authorized under this Act
or by the Secretary of Homeland Security to be hired,
recruited, or referred for such employment. Such
attestation may be manifested by either a handwritten
or electronic signature. The individual shall also
provide that individual's social security account
number or United States passport number (if the
individual claims to have been issued such a number),
and, if the individual does not attest to United States
nationality under this subparagraph, such
identification or authorization number established by
the Department of Homeland Security for the alien as
the Secretary may specify.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Department of Justice, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(E)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
recission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Legal Workforce Act,
on the date that is 6 months after the
date of the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having one or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services, this paragraph
shall not apply with respect to the
verification of the employee until the date
that is 36 months after the date of the
enactment of the Legal Workforce Act. For
purposes of the preceding sentence, the term
`agricultural labor or services' has the
meaning given such term by the Secretary of
Agriculture in regulations and includes
agricultural labor as defined in section
3121(g) of the Internal Revenue Code of 1986,
agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state, all activities required
for the preparation, processing or
manufacturing of a product of agriculture (as
such term is defined in such section 3(f)) for
further distribution, and activities similar to
all the foregoing as they relate to fish or
shellfish facilities. An employee described in
this clause shall not be counted for purposes
of clause (i).
``(iv) Extensions.--
``(I) On request.--Upon request by
an employer having 50 or fewer
employees, the Secretary shall allow a
one-time 6-month extension of the
effective date set out in this
subparagraph applicable to such
employer. Such request shall be made to
the Secretary and shall be made prior
to such effective date.
``(II) Following report.--If the
study under section 715 of the Legal
Workforce Act has been submitted in
accordance with such section, the
Secretary of Homeland Security may
extend the effective date set out in
clause (iii) on a one-time basis for 12
months.
``(v) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Legal
Workforce Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate in the E-Verify
Program described in section 403(a) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is three
business days after the date of hire,
except as provided in clause (iii). The
offer of employment may be conditioned
in accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends three business days
after the alien receives the social security
account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the three business days
after the date on which the employee's work
authorization expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 6
months after the date of the enactment of such
Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Legal Workforce Act, beginning on the date that
is 12 months after the date of the enactment of
such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 18
months after the date of the enactment of such
Act.
``(iv) With respect to employers having one
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Legal
Workforce Act, beginning on the date that is 24
months after the date of the enactment of such
Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services, or an employee recruited or referred by a
farm labor contractor (as defined in section 3 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 36 months after the date of the
enactment of the Legal Workforce Act. For purposes of
the preceding sentence, the term `agricultural labor or
services' has the meaning given such term by the
Secretary of Agriculture in regulations and includes
agricultural labor as defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state,
all activities required for the preparation,
processing, or manufacturing of a product of
agriculture (as such term is defined in such section
3(f)) for further distribution, and activities similar
to all the foregoing as they relate to fish or
shellfish facilities. An employee described in this
subparagraph shall not be counted for purposes of
subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Legal Workforce Act, an
employer shall make an inquiry, as provided in
subsection (d), using the verification system
to seek verification of the identity and
employment eligibility of any individual
described in clause (ii) employed by the
employer whose employment eligibility has not
been verified under the E-Verify Program
described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State, or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts over the simple
acquisition threshold as
defined in section 2.101 of
title 48, Code of Federal
Regulations.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice shall not share information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work eligible.
``(iii) Each employer receiving such
notification of an incorrect social security
account number under clause (ii) shall use the
verification system described in subsection (d)
to check the work eligibility status of the
applicable employee within 10 business days of
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Legal Workforce Act,
an employer may make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility
of any individual employed by the employer. If an
employer chooses voluntarily to seek verification of
any individual employed by the employer, the employer
shall seek verification of all individuals employed at
the same geographic location or, at the option of the
employer, all individuals employed within the same job
category, as the employee with respect to whom the
employer seeks voluntarily to use the verification
system. An employer's decision about whether or not
voluntarily to seek verification of its current
workforce under this subparagraph may not be considered
by any government agency in any proceeding,
investigation, or review provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Legal Workforce Act, the Secretary is
authorized to commence requiring employers required to
participate in the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), including employers required to participate in
such program by reason of Federal acquisition laws (and
regulations promulgated under those laws, including the
Federal Acquisition Regulation), to commence compliance
with the requirements of this subsection (and any
additional requirements of such Federal acquisition
laws and regulation) in lieu of any requirement to
participate in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Legal Workforce Act, the
Secretary shall provide for the voluntary compliance
with the requirements of this subsection by employers
voluntarily electing to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note) before such date, as well as
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimus;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimus;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(8) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Legal Workforce Act, each deadline
established under this section for an employer to make an
inquiry using such system shall be extended by 6 months. No
other extension of such a deadline shall be made except as
authorized under paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 703. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline once on a case-by-case basis for a period of 10
working days, and if the time is extended, shall document such
extension within the verification system. The Secretary, in
consultation with the Commissioner, shall notify the employee
and employer of such extension. The Secretary, in consultation
with the Commissioner, shall create a standard process of such
extension and notification and shall make a description of such
process available to the public. When final confirmation or
nonconfirmation is provided, the verification system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system; and
``(F) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, or to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 704. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by section 2(b) of this Act, is
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--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, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 705. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 706. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of
this section preempt any State or local law, ordinance,
policy, or rule, including any criminal or civil fine
or penalty structure, insofar as they may now or
hereafter relate to the hiring, continued employment,
or status verification for employment eligibility
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State,
locality, municipality, or political
subdivision may exercise its authority over
business licensing and similar laws as a
penalty for failure to use the verification
system described in subsection (d) to verify
employment eligibility when and as required
under subsection (b).
``(ii) General rules.--A State, at its own
cost, may enforce the provisions of this
section, but only insofar as such State follows
the Federal regulations implementing this
section, applies the Federal penalty structure
set out in this section, and complies with all
Federal rules and guidance concerning
implementation of this section. Such State may
collect any fines assessed under this section.
An employer may not be subject to enforcement,
including audit and investigation, by both a
Federal agency and a State for the same
violation under this section. Whichever entity,
the Federal agency or the State, is first to
initiate the enforcement action, has the right
of first refusal to proceed with the
enforcement action. The Secretary must provide
copies of all guidance, training, and field
instructions provided to Federal officials
implementing the provisions of this section to
each State.''.
SEC. 707. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by section 3 of this Act.
(c) Effective Date.--This section shall take effect on the date
that is 30 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, is amended by striking the items relating to subtitle A of title
IV.
SEC. 708. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (D), by striking ``Service''
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by moving the margin of the continuation text
following subparagraph (B) two ems to the left and by
amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000''; and
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such a person or entity does not hold a Federal
contract, grant, or cooperative agreement, the
Secretary or Attorney General shall refer the matter to
the Administrator of General Services to determine
whether to list the person or entity on the List of
Parties Excluded from Federal Procurement, and if so,
for what duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant, or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within five business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a) (1) or
(2) shall be fined not more than $5,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not more than 18 months, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.''.
SEC. 709. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''.
SEC. 710. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2023, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 3 of this Act, including (but not limited
to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds annually in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2023, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in
effect on an interim basis for such fiscal year until such time as an
agreement required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified by the
Director of the Office of Management and Budget to adjust for inflation
and any increase or decrease in the volume of requests under the
employment eligibility verification system. In any case in which an
interim agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than October 1 of
such fiscal year, notify the Committee on Ways and Means, the Committee
on the Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Finance, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate of the
failure to reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under subsection
(a) has been reached for such fiscal year, the Commissioner and the
Secretary shall, not later than the end of each 90-day period after
October 1 of such fiscal year, notify such Committees of the status of
negotiations between the Commissioner and the Secretary in order to
reach such an agreement.
SEC. 711. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which social security
account numbers that have been identified to be subject to unusual
multiple use in the employment eligibility verification system
established under section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, or that
are otherwise suspected or determined to have been compromised by
identity fraud or other misuse, shall be blocked from use for such
system purposes unless the individual using such number is able to
establish, through secure and fair additional security procedures, that
the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 3 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account number or
other identifying information of a minor under their care for the
purposes of the employment eligibility verification system established
under 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 3 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
SEC. 712. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.
An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the
photograph on the identity or employment eligibility document provided
by the employee and to the face of the employee submitting the document
for employment verification purposes.
SEC. 713. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAMS.
Not later than 24 months after the date of the enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Commissioner of Social Security and the Director of the National
Institute of Standards and Technology, shall establish by regulation
not less than 2 Identity Authentication Employment Eligibility
Verification pilot programs, each using a separate and distinct
technology (the ``Authentication Pilots''). The purpose of the
Authentication Pilots shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to any employer that elects to
participate in either of the Authentication Pilots. Any participating
employer may cancel the employer's participation in the Authentication
Pilot after one year after electing to participate without prejudice to
future participation. The Secretary shall report to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the Secretary's findings on the Authentication
Pilots, including the authentication technologies chosen, not later
than 12 months after commencement of the Authentication Pilots.
SEC. 714. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration shall complete audits of the following categories in
order to uncover evidence of individuals who are not authorized to work
in the United States:
(1) Workers who dispute wages reported on their social
security account number when they believe someone else has used
such number and name to report wages.
(2) Children's social security account numbers used for
work purposes.
(3) Employers whose workers present significant numbers of
mismatched social security account numbers or names for wage
reporting.
(b) Submission.--The Inspector General of the Social Security
Administration shall submit the audits completed under subsection (a)
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate for review of the evidence of
individuals who are not authorized to work in the United States. The
Chairmen of those Committees shall then determine information to be
shared with the Secretary of Homeland Security so that such Secretary
can investigate the unauthorized employment demonstrated by such
evidence.
SEC. 715. AGRICULTURE WORKFORCE STUDY.
Not later than 36 months after the date of enactment, the Secretary
of the Department of Homeland Security, in consultation with the
Secretary of the Department of Agriculture, shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, a report that includes the
following:
(1) The number of individuals in the agricultural
workforce.
(2) The number of U.S. citizens in the agricultural
workforce.
(3) The number of aliens in the agricultural workforce who
are authorized to work in the United States.
(4) The number of aliens in the agricultural workforce who
are not authorized to work in the United States.
(5) Wage growth in each of the previous ten years,
disaggregated by agricultural sector.
(6) The percentage of total agricultural industry costs
represented by agricultural labor during each of the last ten
years.
(7) The percentage of agricultural costs invested in
mechanization during each of the last ten years.
(8) Recommendations, other than a path to legal status for
aliens not authorized to work in the United States, for
ensuring U.S. agricultural employers have a workforce
sufficient to cover industry needs, including recommendations
to--
(A) increase investments in mechanization;
(B) increase the domestic workforce; and
(C) reform the H-2A program.
<all>
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118HR2641 | Expanded Student Saver’s Tax Credit Act | [
[
"A000376",
"Rep. Allred, Colin Z. [D-TX-32]",
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],
[
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[
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"cosponsor"
]
] | <p> <strong>Expanded Student Saver's Tax Credit Act </strong></p> <p>This bill allows students to claim the tax credit for retirement savings contributions.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2641
To amend the Internal Revenue Code of 1986 to allow students to take
the saver's credit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Allred 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 allow students to take
the saver's credit.
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 ``Expanded Student Saver's Tax Credit
Act''.
SEC. 2. CREDIT FOR ELECTIVE DEFERRALS AND IRA CONTRIBUTIONS ALLOWED TO
INDIVIDUALS WHO ARE FULL-TIME STUDENTS.
(a) In General.--Section 25B(c)(2) of the Internal Revenue Code of
1986 is amended--
(1) in the heading, by striking ``and full time students'',
and
(2) by striking ``include--'' and all that follows through
the period and inserting ``include any individual with respect
to whom a deduction under section 151 is allowed to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.''
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
<all>
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118HR2642 | PEER Mental Health Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2642 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2642
To amend the Public Health Service Act to authorize the Secretary of
Health and Human Services, acting through the Assistant Secretary for
Mental Health and Substance Use, to award grants for peer mental health
first aid, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Balint 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 the Secretary of
Health and Human Services, acting through the Assistant Secretary for
Mental Health and Substance Use, to award grants for peer mental health
first aid, 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 ``Peer Education and Emergency
Response for Mental Health Act of 2023'' or the ``PEER Mental Health
Act of 2023''.
SEC. 2. GRANTS FOR PEER MENTAL HEALTH FIRST AID.
Title V of the Public Health Service Act is amended by inserting
after section 520J of such Act (42 U.S.C. 290bb-41) the following:
``SEC. 520J-1. GRANTS FOR PEER MENTAL HEALTH FIRST AID.
``(a) In General.--The Secretary shall award grants to eligible
entities--
``(1) to train teachers, other relevant school personnel
(including education support professionals), students, and
parents and caregivers of students--
``(A) to recognize symptoms of childhood and
adolescent mental health conditions;
``(B) to refer teachers, school personnel,
students, and their family members to appropriate
mental health services if necessary; and
``(C) to recognize signs of immediate mental
distress and, upon recognizing such signs apply mental
health first aid tactics; and
``(2) to provide education to such teachers, personnel,
students, parents, and caregivers regarding resources that are
available in the community for individuals with a mental
illness.
``(b) Relation to Other Mental Health Awareness Training Grants.--
An eligible entity may receive grant funds under this section in
addition to receiving amounts made available to such eligible entity
pursuant to section 520J.
``(c) Allocation for Schools in Rural Areas.--In awarding grants
under this section, the Secretary shall award not less than 25 percent
of the grants to eligible entities that are elementary schools and
secondary schools in rural areas.
``(d) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require, including a plan for the rigorous
evaluation of activities that are carried out with funds
received through the grant.
``(2) Streamlined process.--The Secretary shall streamline
the process for applying for a grant under this section so as
to keep such process from imposing an unreasonable barrier,
especially for eligible entities with limited personnel
available to prepare a grant application.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to eligible entities applying for or receiving grants under
this section.
``(f) Definition.--In this section:
``(1) The terms `elementary school', `local educational
agency', `secondary school', and `State educational agency'
have the meanings given to those terms in section 8101 of the
Elementary and Secondary Education Act of 1965.
``(2) The term `eligible entity' means an elementary
school, a local educational agency, a secondary school, or a
State educational agency.
``(3) The term `rural area' refers to a rural area as
defined by the Health Resources and Services Administration for
purposes of awarding rural health grants.
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $24,963,000 for each of fiscal
years 2024 through 2028''.
<all>
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"title": "To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants for peer mental health first aid, and for other purposes.",
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118HR2643 | Small Business Tax Equity Act of 2023 | [
[
"B000574",
"Rep. Blumenauer, Earl [D-OR-3]",
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[
"M00... | <p> <strong>Small Business Tax Equity Act of 2023 </strong></p> <p><strong></strong>This bill exempts a trade or business that conducts marijuana sales in compliance with state law from a provision in the Internal Revenue Code that prohibits business-related tax credits or deductions for expenditures in connection with trafficking in controlled substances.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2643 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2643
To amend the Internal Revenue Code of 1986 to allow deductions and
credits relating to expenditures in connection with marijuana sales
conducted in compliance with State law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Blumenauer (for himself, Mr. Davis of Illinois, Mr. Joyce of Ohio,
Ms. Lee of California, and Ms. Mace) 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 allow deductions and
credits relating to expenditures in connection with marijuana sales
conducted in compliance with State law.
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 ``Small Business Tax Equity Act of
2023''.
SEC. 2. ALLOWANCE OF DEDUCTIONS AND CREDITS RELATING TO EXPENDITURES IN
CONNECTION WITH MARIJUANA SALES CONDUCTED IN COMPLIANCE
WITH STATE LAW.
(a) In General.--Section 280E of the Internal Revenue Code of 1986
is amended by inserting before the period at the end the following: ``,
unless such trade or business consists of marijuana sales conducted in
compliance with State law''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to taxable years ending after the date of the enactment of
this Act.
<all>
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118HR2644 | Unaccompanied Alien Children Assistance Control Act | [
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[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2644
To reduce the amount of foreign assistance to El Salvador, Guatemala,
and Honduras based on the number of unaccompanied alien children who
are nationals or citizens of such countries and who in the preceding
fiscal year are placed in Federal custody by reason of their
immigration status.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Burgess introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To reduce the amount of foreign assistance to El Salvador, Guatemala,
and Honduras based on the number of unaccompanied alien children who
are nationals or citizens of such countries and who in the preceding
fiscal year are placed in Federal custody by reason of their
immigration status.
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 ``Unaccompanied Alien Children
Assistance Control Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Gang violence, poverty, and corruption are the main
drivers of illegal immigration from El Salvador, Guatemala, and
Honduras to the United States.
(2) According to an independent task force report by the
Atlantic Council's Latin America Center--
(A) systemic corruption stagnates economic growth;
(B) eight in ten poll respondents see corruption as
widespread;
(C) citizens in El Salvador, Guatemala, and
Honduras do not trust the government institutions
responsible for curtailing corruption; and
(D) investigations have revealed massive networks
dedicated to co-opting public funds for the personal
enrichment of government officials.
(3) There exists the potential for foreign assistance from
the United States to be misused by central government officials
in El Salvador, Guatemala, and Honduras in order to reduce the
success of anti-corruption efforts.
(4) Systemic corruption in El Salvador, Guatemala, and
Honduras undermines efforts to address the driving causes of
illegal immigration into the United States from such countries.
(5) The United States provided more than $3,046,484,297 of
foreign assistance for Central American countries during fiscal
years 2018 through 2021.
(6) For the past 5 fiscal years, the Department of Homeland
Security has referred to the Office of Refugee Resettlement
(ORR) 40,810 unaccompanied children in fiscal year 2017, 69,488
in fiscal year 2019, 15,381 in fiscal year 2020, 122,731 in
fiscal year 2021, and 128,904 in fiscal year 2022.
(7) In fiscal year 2022, approximately 72 percent of all
children referred were over 14 years of age, and 64 percent
were boys. In fiscal year 2022, countries of origin of youth in
this program were approximately as follows: Guatemala (47
percent); Honduras (29 percent); El Salvador (13 percent); and
other (11 percent).
(8) On average, providing care for unaccompanied alien
children in ORR custody costs $500 per child, per day.
(9) In fiscal year 2022 the average length of stay in ORR
custody for an unaccompanied alien child was 30 days.
(10) On average, the total cost of care for an
unaccompanied alien child in ORR custody in fiscal year 2022
was $15,000 per child and $1,933,560,000 for all children.
(11) According to the Department of State, the United
States is the largest single donor of humanitarian aid in
Central America and Mexico and to asylum seekers, refugees, and
vulnerable migrants in the region.
SEC. 3. REDUCTION OF AMOUNT OF FOREIGN ASSISTANCE TO EL SALVADOR,
GUATEMALA, AND HONDURAS.
(a) In General.--The President shall reduce from amounts made
available under the Foreign Assistance Act of 1961 or any other Act and
allocated for a covered country for a fiscal year an amount equal to--
(1) the number of unaccompanied alien children who--
(A) are nationals or citizens of the covered
country; and
(B) in the preceding fiscal year are placed in
Federal custody by reason of their immigration status;
multiplied by
(2) $15,000.
(b) Definitions.--In this section--
(1) the term ``covered country'' means El Salvador,
Guatemala, or Honduras; and
(2) the term ``unaccompanied alien child'' has the meaning
given the term in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).
(c) Effective Date.--This Act shall take effect on the date of the
enactment of this Act and shall apply with respect to amounts made
available under the Foreign Assistance Act of 1961 or any other Act for
fiscal year 2024 and each subsequent fiscal year.
<all>
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118HR2645 | Keeping Families Fed Act of 2023 | [
[
"C001134",
"Rep. Caraveo, Yadira [D-CO-8]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2645 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2645
To amend section 2202 of the Families First Coronavirus Response Act to
extend for 1 year the availability of certain flexible benefits under
the supplemental nutrition assistance program (SNAP).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Caraveo introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend section 2202 of the Families First Coronavirus Response Act to
extend for 1 year the availability of certain flexible benefits under
the supplemental nutrition assistance program (SNAP).
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 ``Keeping Families Fed Act of 2023''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After February 2023 the emergency nutrition assistance
benefits provided under the supplemental nutrition assistance
program (SNAP) authorized by the Food and Nutrition Act of 2008
ended, resulting in a benefit cut for every SNAP recipient
household in the 32 States then providing the emergency
benefits.
(2) According to the Center on Budget and Policy
Priorities, every recipient household in those States now
receives at least $95 reduction in SNAP benefits a month, and
some households see reductions of $250 a month or more. The
average household receives $90 a month less in emergency SNAP
benefits.
(3) The ending of emergency allotments after February 2023
was required by an Act enacted in December 2022 that provided
only 2 months for State agencies that administer SNAP and for
SNAP recipients to prepare for a stark reduction in benefits.
More resources and guidance for the end of the emergency SNAP
benefits would have allowed the State agencies and SNAP
recipients to better prepare for a benefit reduction and better
prevent the hunger cliff caused by benefit reductions.
SEC. 3. AMENDMENT.
Section 2302(d) of the Families First Coronavirus Response Act (7
U.S.C. 2011 note; Public Law 116-127) is amended by inserting before
the period at the end the following:
``, but such authority shall be in effect during the 1-year period that
begins on the date of the enactment of the Keeping Families Fed Act of
2023''.
SEC. 4. STRATEGY PLAN.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Agriculture shall develop, and submit to the Congress,
a strategy plan for State agencies that administer the supplemental
nutrition assistance program under the Food and Nutrition Act of 2008
to provided resources and guidance for public awareness, and
preparation for the end, of the extended emergency program benefits
authorized by the amendment made by section 3.
<all>
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118HR2646 | John Tanner and Jim Cooper Fairness and Independence in Redistricting Act | [
[
"C001068",
"Rep. Cohen, Steve [D-TN-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2646 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2646
To prohibit States from carrying out more than one Congressional
redistricting after a decennial census and apportionment, to require
States to conduct such redistricting through independent commissions,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Cohen introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit States from carrying out more than one Congressional
redistricting after a decennial census and apportionment, to require
States to conduct such redistricting through independent commissions,
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; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``John Tanner and
Jim Cooper Fairness and Independence in Redistricting Act''.
(b) Finding.--Congress finds that it has the authority to establish
the terms and conditions States must follow in carrying out
Congressional redistricting after an apportionment of Members of the
House of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number.
SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.
The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo
Samala and to provide for congressional redistricting'', approved
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the
following: ``A State which has been redistricted in the manner provided
by law after an apportionment under section 22(a) of the Act entitled
`An Act to provide for the fifteenth and subsequent decennial censuses
and to provide for an apportionment of Representatives in Congress',
approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again
until after the next apportionment of Representatives under such
section, unless a court requires the State to conduct such subsequent
redistricting to comply with the Constitution or to enforce the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).''.
SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF
INDEPENDENT STATE COMMISSION OR PLAN OF HIGHEST STATE
COURT.
(a) Use of Plan Required.--
(1) In general.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State shall
be conducted in accordance with--
(A) the redistricting plan developed by the
independent redistricting commission established in the
State, in accordance with section 4; or
(B) if the plan developed by such commission is not
enacted into law, the redistricting plan selected by
the highest court in the State or developed by a United
States district court, in accordance with section 5.
(2) Treatment of commissions established pursuant to laws
enacted prior to enactment.--If Congressional redistricting in
a State is conducted in accordance with a redistricting plan
developed by a commission which was established in the State
pursuant to a law enacted prior to the date of the enactment of
this Act, the redistricting shall be deemed to meet the
requirement of subparagraph (A) of paragraph (1).
(3) Other criteria and procedures permitted.--Nothing in
this Act or the amendments made by this Act may be construed to
prohibit a State from conducting Congressional redistricting in
accordance with such criteria and procedures as the State
considers appropriate, to the extent that such criteria and
procedures are consistent with the applicable requirements of
this Act and the amendments made by this Act.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in the manner
provided by the John Tanner and Jim Cooper Fairness and Independence in
Redistricting Act''.
SEC. 4. INDEPENDENT REDISTRICTING COMMISSION.
(a) Administrative Matters.--
(1) Appointment of members.--Each State shall establish an
independent redistricting commission composed of--
(A) a chair, who shall be appointed by majority
vote of the other members of the commission; and
(B) an equal number of members (but not fewer than
one) from each of the following categories:
(i) Members appointed by a member of the
upper house of the State legislature who
represents the political party with the
greatest number of seats in that house.
(ii) Members appointed by a member of the
upper house of the State legislature who
represents the political party with the second
greatest number of seats in that house.
(iii) Members appointed by a member of the
lower house of the State legislature who
represents the political party with the
greatest number of seats in that house.
(iv) Members appointed by a member of the
lower house of the State legislature who
represents the political party with the second
greatest number of seats in that house.
(2) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
independent redistricting commission established under this
subsection shall be composed of--
(A) a chair, who shall be appointed by majority
vote of the other members of the commission; and
(B) an equal number of members (but not fewer than
2) from each of the following categories:
(i) Members appointed by a member of the
legislature who shall be selected by the chair
of the Government Affairs Committee of the
legislature to represent the State political
party whose candidate for chief executive of
the State received the greatest number of votes
on average in the 3 most recent general
elections for that office.
(ii) Members appointed by a member of the
legislature who shall be selected by the chair
of the Government Affairs Committee of the
legislature to represent the State political
party whose candidate for chief executive of
the State received the second greatest number
of votes on average in the 3 most recent
general elections for that office.
(3) Eligibility.--An individual is eligible to serve as a
member of an independent redistricting commission if--
(A) as of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State, and was registered to vote in the 2
most recent general elections for Federal office held
in the State;
(B) the individual did not hold public office or
run as a candidate for election for public office, or
serve as an employee of a political party or candidate
for election for public office, at any time during the
4-year period ending on the December 31 preceding the
date of appointment; and
(C) the individual certifies that he or she will
not run as a candidate for the office of Representative
in the Congress until after the next apportionment of
Representatives under section 22(a) of the Act entitled
``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for an apportionment
of Representatives in Congress'', approved June 18,
1929 (2 U.S.C. 2a).
(4) Vacancy.--A vacancy in the commission shall be filled
in the manner in which the original appointment was made.
(5) Deadline.--Each State shall establish a commission
under this section, and the members of the commission shall
appoint the commission's chair, not later than the date on
which the chief executive of a State receives the State
apportionment notice.
(6) Appointment of chair required prior to development of
redistricting plan.--The commission may not take any action to
develop a redistricting plan for the State under subsection (b)
until the appointment of the commission's chair in accordance
with paragraph (1)(E).
(7) Requiring all meetings to be open to public.--The
commission shall hold each of its meetings in public.
(8) Internet site.--As soon as practicable after
establishing the commission, the State shall establish and
maintain a public internet site for the commission which meets
the following requirements:
(A) The site is updated continuously to provide
advance notice of commission meetings and to otherwise
provide timely information on the activities of the
commission.
(B) The site contains the most recent available
information from the Bureau of the Census on voting-age
population, voter registration, and voting in the
State, including precinct-level and census tract-level
data with respect to such information, as well as
detailed maps reflecting such information.
(C) The site includes interactive software to
enable any individual to design a redistricting plan
for the State on the basis of the information described
in subparagraph (B), in accordance with the criteria
described in subsection (b)(1).
(D) The site permits any individual to submit a
proposed redistricting plan to the commission, and to
submit questions, comments, and other information with
respect to the commission's activities.
(b) Development of Redistricting Plan.--
(1) Criteria.--The independent redistricting commission of
a State shall develop a redistricting plan for the State in
accordance with the following criteria:
(A) Adherence to the ``one person, one vote''
standard and other requirements imposed under the
Constitution of the United States.
(B) To the greatest extent mathematically possible,
ensuring that the population of each Congressional
district in the State does not vary from the population
of any other Congressional district in the State (as
determined on the basis of the total count of persons
of the most recent decennial census conducted by the
Bureau of the Census).
(C) Consistency with any applicable requirements of
the Voting Rights Act of 1965 and other Federal laws.
(D) To the greatest extent practicable, the
maintenance of the geographic continuity of the
political subdivisions of the State which are included
in the same Congressional district, in the following
order of priority:
(i) The continuity of counties or parishes.
(ii) The continuity of municipalities.
(iii) The continuity of neighborhoods (as
determined on the basis of census tracts or
other relevant information).
(E) To the greatest extent practicable, maintaining
compact districts (in accordance with such standards as
the commission may establish).
(F) Ensuring that districts are contiguous (except
to the extent necessary to include any area which is
surrounded by a body of water).
(2) Factors prohibited from consideration.--In developing
the redistricting plan for the State, the independent
redistricting commission may not take into consideration any of
the following factors, except to the extent necessary to comply
with the Voting Rights Act of 1965:
(A) The voting history of the population of a
Congressional district, except that the commission may
take such history into consideration to the extent
necessary to comply with any State law which requires
the establishment of competitive Congressional
districts.
(B) The political party affiliation of the
population of a district.
(C) The residence of incumbent Members of the House
of Representatives in the State.
(3) Solicitation of public input in development of plans.--
The commission shall solicit and take into consideration
comments from the public in developing the redistricting plan
for the State by holding meetings in representative geographic
regions of the State at which members of the public may provide
such input, and by otherwise soliciting input from the public
(including redistricting plans developed by members of the
public) through the commission internet site and other methods.
(4) Public notice of plans prior to submission to
legislature.--Not fewer than 7 days prior to submitting a
redistricting plan to the legislature of the State under
subsection (c)(1), the commission shall post on the commission
internet site and cause to have published in newspapers of
general circulation throughout the State a notice containing
the following information:
(A) A detailed version of the plan, including a map
showing each Congressional district established under
the plan and the voting age population by race of each
such district.
(B) A statement providing specific information on
how the adoption of the plan would serve the public
interest.
(C) Any dissenting statements of any members of the
commission who did not approve of the submission of the
plan to the legislature.
(c) Submission of Plans to Legislature.--
(1) In general.--At any time prior to the first November 1
which occurs after the chief executive of the State receives
the State apportionment notice, the commission may submit
redistricting plans developed by the commission under this
section to the legislature of the State.
(2) Consideration of plan by legislature.--After receiving
any redistricting plan under paragraph (1), the legislature of
a State may--
(A) approve the plan as submitted by the commission
without amendment and forward the plan to the chief
executive of the State; or
(B) reject the plan.
(3) Enactment of plan.--
(A) In general.--A redistricting plan developed by
the commission shall be considered to be enacted into
law only if the plan is forwarded to the chief
executive of the State pursuant to paragraph (2)(A)
and--
(i) the chief executive approves the plan
as forwarded by the legislature without
amendment; or
(ii) the chief executive vetoes the plan
and the legislature overrides the veto in
accordance with the applicable law of the
State, except that at no time may the plan be
amended.
(B) Special rule.--In the case of a State in which
the chief executive is prohibited under State law from
acting on a redistricting plan, a redistricting plan
developed by the commission shall be considered to be
enacted into law if--
(i) the plan is submitted to the
legislature of the State; and
(ii) the legislature approves the plan as
submitted by the commission without amendment.
(d) Requiring Majority Approval For Actions.--The independent
redistricting commission of a State may not submit a redistricting plan
to the State legislature, or take any other action, without the
approval of at least a majority of its members given at a meeting at
which at least a majority of its members are present.
(e) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the day after the date of the
first regularly scheduled general election for Federal office
which occurs after the chief executive of the State receives
the State apportionment notice.
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as may
be necessary to enable the State to respond to any civil action
brought with respect to Congressional redistricting in the
State.
SEC. 5. SELECTION OF PLAN BY COURTS.
(a) State Court.--
(1) Submission and selection of plan.--If a redistricting
plan developed by the independent redistricting commission of a
State is not enacted into law under section 4(c)(3) by the
first November 1 which occurs after the chief executive of the
State receives the State apportionment notice, the commission
may submit redistricting plans developed by the commission in
accordance with section 4 to the highest court of the State,
which may select and publish one of the submitted plans to
serve as the redistricting plan for the State.
(2) No modification of plan permitted.--The highest court
of a State may not modify any redistricting plan submitted
under this subsection.
(b) Federal Court.--
(1) Failure of state court to select plan.--
(A) Notice to court if plan not selected by state
court.--If a State court to whom redistricting plans
have been submitted under subsection (a) does not
select a plan to serve as the redistricting plan for
the State under such subsection on or before the first
December 1 which occurs after the chief executive of
the State receives the State apportionment notice, the
State shall file a notice with the United States
district court for the district in which the capital of
the State is located.
(B) Development and selection of plan by federal
court.--Not later than 30 days after receiving a notice
from a State under subparagraph (A), the court shall
develop and publish a final redistricting plan for the
State.
(2) Failure of state to establish commission.--
(A) In general.--If a State does not establish an
independent redistricting commission under section 4 by
the first September 1 which occurs after the chief
executive of the State receives the State apportionment
notice--
(i) the State may not establish the
commission; and
(ii) the United States district court for
the district in which the capital of the State
is located shall develop and publish a final
redistricting plan for the State not later than
the first December 1 which occurs after the
chief executive of the State receives the State
apportionment notice.
(B) Determination of failure to establish
commission.--For purposes of subparagraph (A), a State
shall be considered to have failed to establish an
independent redistricting commission by the date
referred to in such subparagraph if a chair of the
commission has not been appointed on or before such
date.
(3) Criteria.--It is the sense of Congress that, in
developing a redistricting plan for a State under this
subsection, the district court should adhere to the same terms
and conditions that applied to the development of the plan of
the commission under section 4(b).
(c) Access to Information and Records of Commission.--A court which
is required to select, publish, or develop a redistricting plan for a
State under this section shall have access to any information, data,
software, or other records and material used by the independent
redistricting commission of the State in carrying out its duties under
this Act.
SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL
COURT.
If a Federal court requires a State to conduct redistricting
subsequent to an apportionment of Representatives in the State in order
to comply with the Constitution or to enforce the Voting Rights Act of
1965, sections 4 and 5 shall apply with respect to the redistricting,
except that--
(1) the deadline for the establishment of the independent
redistricting commission and the appointment of the
commission's chair (as described in section 4(a)(5)) shall be
the expiration of the 30-day period which begins on the date of
the final order of the Federal court to conduct the
redistricting;
(2) the deadline for the submission of redistricting plans
to the legislature by the commission, and the date of the
termination of the commission (as described in section 4(c)(1)
and section 4(e)) shall be the expiration of the 150-day period
which begins on the date of the final order of the Federal
court to conduct the redistricting;
(3) the deadline for the selection and publication of the
plan by the highest court of the State (as described in section
5(a)) shall be the expiration of the 180-day period which
begins on the date of the final order of the Federal court to
conduct the redistricting; and
(4) the deadline for the selection and publication of the
plan by the district court of the United States (as described
in section 5(b)) shall be the expiration of the 210-day period
which begins on the date of the final order of the Federal
court to conduct the redistricting.
SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d), not
later than 30 days after a State receives a State apportionment notice,
the Election Assistance Commission shall make a payment to the State in
an amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this
section to establish and operate the State's independent redistricting
commission, to implement the State redistricting plan, and to otherwise
carry out Congressional redistricting in the State.
(c) No Payment to States With Single Member.--The Election
Assistance Commission shall not make a payment under this section to
any State which is not entitled to more than one Representative under
its State apportionment notice.
(d) Requiring Establishment of Commission as Condition of
Payment.--The Election Assistance Commission may not make a payment to
a State under this section until the State certifies to the Commission
that the State has established an independent redistricting commission,
and that a chair of the commission has been appointed, in accordance
with section 4.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 8. STATE APPORTIONMENT NOTICE DEFINED.
In this Act, the ``State apportionment notice'' means, with respect
to a State, the notice sent to the State from the Clerk of the House of
Representatives under section 22(b) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which
the State is entitled.
SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any Congressional redistricting which occurs after the
regular decennial census conducted during 2030.
<all>
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118HR2647 | Restore Public Health Institution Trust Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2647
To require the Comptroller General of the United States to submit a
report on the public health mitigation messaging and guidance of the
Centers for Disease Control and Prevention.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Crenshaw (for himself, Mr. Burgess, Mr. Johnson of Ohio, Mr.
Bilirakis, Mrs. Miller-Meeks, Mr. Lamborn, Mr. Steube, Mr. Babin, Mr.
Zinke, Mr. Bacon, Mrs. Lesko, and Mr. Ellzey) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Comptroller General of the United States to submit a
report on the public health mitigation messaging and guidance of the
Centers for Disease Control and 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 ``Restore Public Health Institution
Trust Act of 2023''.
SEC. 2. REPORT ON CDC PUBLIC HEALTH MITIGATION MESSAGING AND GUIDANCE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
public health mitigation messaging, decision making, and guidance of
the Centers for Disease Control and Prevention (referred to in this
section as the ``CDC''). Such report shall--
(1) consider--
(A) the data being used by the CDC to make
recommendations;
(B) the impact that inconsistent messaging has had
on--
(i) the level of trust Americans have in
the CDC; and
(ii) the willingness of Americans to follow
CDC guidance, including with respect to COVID-
19 vaccine uptake;
(C) the impact that inconsistent messaging with
regard to the efficacy of COVID-19 vaccines and Federal
mandates for receiving such vaccines has had on
attitudes about immunization, both in general and
specifically for--
(i) the school-age population; and
(ii) vaccines on the recommended
immunization schedules for children,
adolescents, and adults of the Advisory
Committee on Immunization Practices of the CDC;
and
(D) the degree to which outside entities (such as
teachers unions) were in a position to impact
recommendations made by the CDC; and
(2) contain recommendations to improve the approach of the
CDC relating to messaging, decision making, and the issuance of
guidance in the future.
(b) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on Small Business of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate;
(5) the Committee on Education and the Workforce of the
House of Representatives;
(6) the Committee on Small Business of the House of
Representatives;
(7) the Committee on Appropriations of the House of
Representatives; and
(8) the Committee on Energy and Commerce of the House of
Representatives.
<all>
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118HR2648 | Protecting Horses from Soring Act of 2023 | [
[
"D000616",
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"sponsor"
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[
"R000612",
"Rep. Rose, John W. [R-TN-6]",
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] | <p><b>Protecting Horses from Soring Act of 2023</b></p> <p>This bill revises requirements concerning the inspection of horse shows, exhibitions, sales, and actions for sored horses (e.g., horses suffering from pain when moving due to substances or devices placed on their limbs). Specifically, this bill replaces a requirement for the Department of Agriculture to prescribe regulations governing the appointment of inspectors with a requirement for the Horse Industry Organization, which is established by this bill, to appoint inspectors.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2648 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2648
To amend the Horse Protection Act to provide increased protection for
horses participating in shows, exhibitions, sales, and auctions, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. DesJarlais (for himself and Mr. Rose) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Horse Protection Act to provide increased protection for
horses participating in shows, exhibitions, sales, and auctions, 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 ``Protecting Horses from Soring Act of
2023''.
SEC. 2. DEFINITIONS.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by striking the section designation and all that
follows through ``requires:'' in the matter preceding paragraph
(1) and inserting the following:
``SEC. 2. DEFINITIONS.
``In this Act:'';
(2) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (4), (5), and (6), respectively;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Horse industry organization.--The term `Horse
Industry Organization' means the organization established under
section 4(c)(1)(A).''; and
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Objective inspection.--The term `objective
inspection' means an inspection conducted by a veterinarian or
veterinarian technician using only an inspection method based
on a science-based protocol that consists of, at a minimum,
swabbing and blood testing, and that--
``(A) has been the subject of testing and is
capable of producing scientifically reliable and
reproducible results;
``(B) has been subjected to peer review; and
``(C) has received acceptance in the veterinary or
other applicable scientific community, as determined by
the Secretary.''.
SEC. 3. FINDINGS.
Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
SEC. 4. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
EXHIBITIONS, SALES, OR AUCTIONS.
(a) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Disqualification of Horses.--
``(1) In general.--The management of any horse show or
horse exhibition shall disqualify any horse from being shown or
exhibited if--
``(A) the horse is determined to be sore by an
objective inspection; or
``(B) the management has been notified that the
horse is sore by--
``(i) a person licensed under subsection
(c)(3)(A); or
``(ii) the Secretary.
``(2) Duration of disqualification.--Any horse that is
determined to be sore by an objective inspection shall be
disqualified from being shown or exhibited--
``(A) for a period of not less than 30 days if it
is the first determination; and
``(B) for a period of not less than 90 days if it
is a second or subsequent determination.'';
(2) in subsection (b)--
(A) by striking ``(b) The management'' and
inserting the following:
``(b) Prohibition on Sale, Auction, and Exhibition.--The
management'';
(3) by striking subsection (c) and inserting the following:
``(c) Horse Industry Organization.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Protecting Horses from
Soring Act of 2023, the Secretary shall establish an
organization, to be known as the `Horse Industry
Organization' (referred to in this subsection as `the
Organization').
``(B) Board.--
``(i) In general.--The Organization shall
be governed by a board (referred to in this
subsection as `the Board') consisting of not
more than 9 individuals, of whom--
``(I) two shall be appointed by the
Commissioner of Agriculture for the
State of Tennessee;
``(II) two shall be appointed by
the Commissioner of Agriculture for the
State of Kentucky;
``(III) two shall--
``(aa) represent the
Tennessee Walking Horse
industry; and
``(bb) be appointed by the
members appointed under
subclauses (I) and (II), in
accordance with a process
developed by those members; and
``(IV) not more than three shall be
appointed by the members appointed
under subclauses (I) through (III).
``(ii) Quorum.--Five members of the Board
shall constitute a quorum for the transaction
of business.
``(iii) Bylaws.--The members of the Board,
in consultation with the Secretary, shall
develop bylaws and other policies to operate
the Organization, establish committees, and
fill vacancies on the Board.
``(C) Vacancies; period of appointment.--
``(i) Vacancies.--Any vacancy on the
Board--
``(I) shall not impair the
authority of the Board; and
``(II) shall be filled as soon as
practicable in the same manner as the
original appointment.
``(ii) Period of appointment.--
``(I) In general.--Except as
provided in subclause (II), a member of
the Board shall be appointed for a term
of 4 years.
``(II) Initial appointments.--Of
the members first appointed to the
Board, the members described in
subparagraph (B)(i)(III) shall be
appointed for an initial term of 3
years.
``(2) Responsibilities.--The Organization shall--
``(A) establish a formal affiliation with the
management of each horse sale, horse exhibition, horse
sale, and horse auction;
``(B) appoint inspectors to conduct inspections at
each horse sale, horse exhibition, horse sale, and
horse auction;
``(C) identify and contract with equine veterinary
experts to advise the Board on--
``(i) objective scientific testing methods
and procedures for objective inspections; and
``(ii) the certification of objective
inspection results;
``(D) establish licensing requirements under
paragraph (3); and
``(E) take any other action to ensure compliance
with this Act, as determined in coordination with the
Secretary.
``(3) Licensing requirements.--
``(A) In general.--The Organization shall develop
licensing requirements to submit to the Secretary for
licensing persons qualified--
``(i) to detect and diagnose a horse that
is sore; or
``(ii) to otherwise inspect a horse for the
purpose of enforcing this Act.
``(B) Conflicts of interest.--Requirements
developed under subparagraph (A) shall include the
requirement that any person licensed by the
Organization, and any member of the immediate family of
any person licensed by the Organization, is free from a
conflict of interest by reason of any association or
connection with the walking horse industry, including
through--
``(i) employment by, or the provision of
any service to, any show manager, trainer,
owner, or exhibitor of a Tennessee Walking
horse, Spotted Saddle horse, or Racking horse;
and
``(ii) training, exhibiting, shoeing,
breeding, or selling a Tennessee Walking horse,
Spotted Saddle horse, or Racking horse.
``(4) Certification.--
``(A) In general.--After the members of the Board
described in subclauses (I) through (III) of paragraph
(1)(B)(i) have been appointed, the Secretary shall
certify the Organization to train and license
individuals, including inspectors, as designated
qualified persons in accordance with section 11.7(b) of
title 9, Code of Federal Regulations (or successor
regulations).
``(B) Revocation of certification.--Not later than
90 days after the date on which the Secretary certifies
the Organization under subparagraph (A), the Secretary
shall revoke the certification issued to any other
horse industry organization under section 11.7 of title
9, Code of Federal Regulations (or successor
regulations).
``(5) Federal advisory committee act exemption.--Section
14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Organization.'';
(4) in subsection (d), by striking ``(d) The management''
and inserting the following:
``(d) Recordkeeping.--The management''; and
(5) in subsection (e), by striking ``(e) For purposes of''
and inserting the following:
``(e) Right of Inspection.--For purposes of''.
(b) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) by striking the section designation and all that
follows through ``The following'' in the matter preceding
paragraph (1) and inserting the following:
``SEC. 5. PROHIBITED CONDUCT.
``The following'';
(2) in paragraph (3), by striking ``appoint and retain a
person in accordance with section 4(c) of this Act'' and
inserting ``have a formal affiliation with the Horse Industry
Organization'';
(3) in paragraph (4), by striking ``appoint and retain a
qualified person in accordance with section 4(c) of this Act''
and inserting ``have a formal affiliation with the Horse
Industry Organization'';
(4) in paragraph (5), by striking ``appointed and retained
a person in accordance with section 4(c) of this Act'' and
inserting ``a formal affiliation with the Horse Industry
Organization''; and
(5) in paragraph (6)--
(A) by striking ``appointed and retained a person
in accordance with section 4(c) of this Act'' and
inserting ``a formal affiliation with the Horse
Industry Organization''; and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 5. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall issue regulations to carry out the
amendments made by this Act.
<all>
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118HR2649 | School Resource Officer Assessment Act of 2023 | [
[
"H001077",
"Rep. Higgins, Clay [R-LA-3]",
"sponsor"
]
] | <p><strong>School Resource Officer Assessment Act of </strong><b>2023</b></p> <p>This bill requires the Department of Justice and the Department of Education to conduct and submit to Congress a survey of the assignment of school resource officers at public elementary and secondary schools.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2649 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2649
To require the Attorney General and the Secretary of Education to
conduct a survey of all public schools to determine the number of
school resource officers at such schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, 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 Attorney General and the Secretary of Education to
conduct a survey of all public schools to determine the number of
school resource officers at such 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 ``School Resource Officer Assessment
Act of 2023''.
SEC. 2. MANDATORY SURVEY OF PUBLIC SCHOOLS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General and the Secretary of Education shall jointly conduct
and submit to Congress a survey of the assignment of school resource
officers at public elementary schools and secondary schools, which
shall include a determination of whether each such school--
(1) on or after January 1, 2022, has been assigned a school
resource officer; and
(2) in the case of a school that has been assigned such an
officer--
(A) the number of such assignments; and
(B) whether each such assignment is on a full-time
or part-time basis.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``elementary school'' and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) School resource officer.--The term ``school resource
officer'' has the meaning given the term in section 1709(4) of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).
<all>
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118HR265 | No Vote, No Raise Act | [
[
"L000566",
"Rep. Latta, Robert E. [R-OH-5]",
"sponsor"
]
] | <p><b><b> No Vote, No Raise Act</b></b></p> <p>This bill eliminates automatic pay adjustments for Members of Congress.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 265 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 265
To eliminate automatic pay adjustments for Members of Congress, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Latta introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Oversight and Accountability, 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 eliminate automatic pay adjustments for Members of Congress, 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 ``No Vote, No Raise Act''.
SEC. 2. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) In General.--Paragraph (2) of section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501(2)) is repealed.
(b) Conforming Amendments.--Section 601(a)(1) of such Act (2 U.S.C.
4501) is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``, as adjusted by paragraph (2) of this
subsection''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
December 31, 2024.
<all>
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118HR2650 | School Resource Officer Training Act of 2023 | [
[
"H001077",
"Rep. Higgins, Clay [R-LA-3]",
"sponsor"
]
] | <p><strong></strong><b>School Resource Officer Training Act of 2023</b></p> <p>This bill directs the Department of Justice to develop, disseminate, and publish best practices for occupation-specific education for school resource officers.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2650 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2650
To direct the Attorney General and the Secretary of Education to
develop and implement best practices for occupation-specific education
for school resource officers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, 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 direct the Attorney General and the Secretary of Education to
develop and implement best practices for occupation-specific education
for school resource officers.
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 ``School Resource Officer Training Act
of 2023''.
SEC. 2. DEVELOPMENT AND IMPLEMENTATION OF BEST PRACTICES.
(a) In General.--The Attorney General, in consultation with the
Secretary of Education, shall--
(1) for the purpose of developing best practices for
occupation-specific education for school resource officers,
consult with--
(A) State educational agencies and local
educational agencies;
(B) State and local law enforcement agencies;
(C) school resource officers;
(D) principals and other school leaders;
(E) school safety experts, including individuals
with expertise in tactical responses to security
concerns; and
(F) any other stakeholders determined to be
relevant by the Attorney General;
(2) not later than one year after the date of the enactment
of this Act, and based on the consultation carried out under
paragraph (1), develop and disseminate best practices for any
occupation-specific education for school resource officers,
including education in tactical responses to active shooter
incidents and other security concerns; and
(3) publish the best practices developed under paragraph
(2) on a publicly accessible website of the Department of
Justice.
(b) Definitions.--In this section:
(1) School resource officer.--The term ``school resource
officer'' has the meaning given the term in section 1709(4) of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).
(2) ESEA terms.--The terms ``local educational agency'',
``school leader'', and ``State educational agency'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 3. REPORT.
Not later than one year after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of
Education, shall submit to Congress a report that includes the best
practices developed under section 2.
<all>
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118HR2651 | Regulation A+ Improvement Act of 2023 | [
[
"H001093",
"Rep. Houchin, Erin [R-IN-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2651 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2651
To amend the Securities Act of 1933 with respect to small company
capital formation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mrs. Houchin introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Act of 1933 with respect to small company
capital formation, 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 ``Regulation A+ Improvement Act of
2023''.
SEC. 2. JOBS ACT-RELATED EXEMPTION.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended--
(1) in paragraph (2)(A), by striking ``$50,000,000'' and
inserting ``$150,000,000, adjusted for inflation by the
Commission every 2 years to the nearest $10,000 to reflect the
change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics''; and
(2) in paragraph (5)--
(A) by striking ``such amount as'' and inserting:
``such amount, in addition to the adjustment for
inflation provided for under such paragraph (2)(A),
as''; and
(B) by striking ``such amount, it'' and inserting
``such amount, in addition to the adjustment for
inflation provided for under such paragraph (2)(A),
it''.
<all>
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118HR2652 | Investment Opportunity Expansion Act | [
[
"M001195",
"Rep. Mooney, Alexander X. [R-WV-2]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2652 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2652
To amend the Securities Act of 1933 to add additional investment
thresholds for an individual to qualify as an accredited investor, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Mooney introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Act of 1933 to add additional investment
thresholds for an individual to qualify as an accredited investor, 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 ``Investment Opportunity Expansion
Act''.
SEC. 2. INVESTMENT THRESHOLDS TO QUALIFY AS AN ACCREDITED INVESTOR.
Section 2(a)(15) of the Securities Act of 1933 (15 U.S.C.
77b(a)(15)) is amended--
(1) by redesignating subparagraphs (i) and (ii) as
subparagraphs (A) and (B), respectively;
(2) in subparagraph (A), as so redesignated, by striking
``adviser; or'' and inserting ``adviser;'';
(3) in subparagraph (B), as so redesignated, by striking
the period at the end and inserting ``; or''; and
(4) by adding at the end the following:
``(C) with respect to a proposed transaction, any
individual whose aggregate investment, at the completion of
such transaction, in securities with respect to which there has
not been a public offering is not more than 10 percent of the
greater of--
``(i) the net assets of the individual; or
``(ii) the annual income of the individual.''.
<all>
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118HR2653 | Flightmare Prevention Act of 2023 | [
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2653 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2653
To require the Administrator of the Federal Aviation Administration to
issue regulations that establish minimum requirements for aviation
enterprise resource planning systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Porter introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Aviation Administration to
issue regulations that establish minimum requirements for aviation
enterprise resource planning systems, 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 ``Flightmare Prevention Act of 2023''.
SEC. 2. MINIMUM REQUIREMENTS FOR AVIATION INFORMATION TECHNOLOGY
SYSTEMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall issue regulations that establish minimum requirements for
aviation enterprise resource planning systems that are--
(1) used by air carriers operating interstate air
transportation or intrastate air transportation; and
(2) necessary for the safety of passengers.
(b) Definitions.--In this section:
(1) Aviation enterprise resource planning system.--The term
``aviation enterprise resource planning system'' means a
technology system or software used by air carriers for
operational management, including for--
(A) crew planning;
(B) crew communication;
(C) building daily, monthly, and annual flight
schedules;
(D) making changes to flight paths; and
(E) other purposes, as determined by the Secretary
(2) Title 49.--The definitions contained in section
40102(a) of title 49, United States Code, apply.
<all>
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118HR2654 | Stop Airplane Seat Shrinking Act | [
[
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"Rep. Porter, Katie [D-CA-47]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2654 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2654
To direct the Administrator of the Federal Aviation Administration to
take certain actions to prohibit air carriers from reducing the size of
passenger seats on aircraft, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Porter introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Aviation Administration to
take certain actions to prohibit air carriers from reducing the size of
passenger seats on aircraft, 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 ``Stop Airplane Seat Shrinking Act''.
SEC. 2. MINIMUM DIMENSIONS OF PASSENGER SEATS.
The Administrator of the Federal Aviation Administration shall take
such actions as are necessary to prohibit air carriers (as such term is
defined in section 40102(a) of title 49, United States Code) from
reducing the size of a passenger seat on an aircraft operated by such
air carrier until the Administrator issues a final rule establishing
minimum dimensions for passenger seats, as required under section 577
of the FAA Reauthorization Act of 2018 (Public Law 115-254).
<all>
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118HR2655 | Captain James A. Lovell, Jr., Congressional Gold Medal Act | [
[
"S001190",
"Rep. Schneider, Bradley Scott [D-IL-10]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2655 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2655
To award a Congressional Gold Medal to Captain James Arthur Lovell,
Jr., (USN-Ret), in recognition of his service to our Nation and most
notably, his leadership, bravery, and general significance to the
advancement of United States space exploration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Schneider introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal to Captain James Arthur Lovell,
Jr., (USN-Ret), in recognition of his service to our Nation and most
notably, his leadership, bravery, and general significance to the
advancement of United States space exploration.
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 ``Captain James A. Lovell, Jr.,
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1952, James A. Lovell, Jr., graduated from the Naval
Academy and served with distinction in the U.S. Navy as a
fighter pilot, later making important contributions as a test
pilot.
(2) As a crew member for the Gemini 7 mission and Commander
for the Gemini 12 mission, Lovell played a critical role in
these missions which were critical steps towards making the
later Apollo lunar missions possible.
(3) On December 21, 1968, Apollo 8 launched from Kennedy
Space Center Launch Complex 39A, destined for lunar orbit.
Lovell, William Anders, and Frank Borman became the first
humans to reach the Moon's orbit; Apollo 8 successfully
completed ten orbits around the Moon and safely returned to
Earth on December 27, 1968.
(4) On April 11, 1970, Apollo 13, commanded by Lovell, with
Jack Swigert as command module pilot and Fred Haise as lunar
module pilot, launched from Kennedy Space Center Launch Complex
39A with the intention to be the third mission in history to
land humans on the Moon.
(5) Two days into the mission, an explosion occurred,
depleting the command module's air tanks, and leaving the ship
with disruptions in water, electricity, fuel, and light
supplies, with support and guidance from ground personnel,
Lovell, Haise, and Swigert had to modify the ship's life
support systems and change Apollo 13's course to circle around
the Moon before heading back to Earth.
(6) Lovell handwrote the orientation calculations
transferring them from the command module to the lunar module
guidance system allowing the ship to stay on the correct
trajectory.
(7) The three astronauts aboard Apollo 13 survived on
rations of water in freezing temperatures for four days in the
lunar module while the ship traveled back towards Earth.
(8) On April 17, 1970, in large thanks to Lovell's
leadership and NASA's ingenuity, Apollo 13 reentered Earth's
atmosphere and safely splashed down in the Pacific Ocean after
a treacherous and uncertain journey back to Earth.
(9) The bravery, skill, and courage of the Apollo 13
astronauts, under the extraordinary leadership of Captain
Lovell united the American people and reinvigorated interest in
the Nation's space program.
(10) President Nixon awarded Lovell, Haise, and Swigert
with the Presidential Medal of Freedom for their heroic work.
(11) Lovell went on to have a successful business career,
becoming the CEO of Bay-Houston Towing Company, President of
Fisk Telephone Systems, Executive Vice President of Centel
Corporation in Chicago, and starting a restaurant with his
family in Lake Forest, Illinois.
(12) Throughout his life, Lovell was a strong and effective
advocate for science, the study of space, and the power of
space exploration.
(13) Lovell continues to be an example of strength and
wisdom in his community and throughout the country.
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 in commemoration of
Captain James Arthur Lovell, Jr., in recognition of his service to our
Nation and most notably, his leadership, bravery, and general
significance to the advancement of United States space exploration.
(b) Design and Striking.--For the purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 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 medal struck pursuant to this Act is a
national medal for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--The amounts received from the sale of
duplicate bronze medals authorized under section 3 shall be deposited
into the United States Mint Public Enterprise Fund.
<all>
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118HR2656 | Trigger Leads Abatement Act of 2023 | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
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"C001055",
"Rep. Case, Ed [D-HI-1]",
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[
"L000593",
"Rep. Levin, Mike [D-CA-49]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2656
To amend the Fair Credit Reporting Act to prohibit the creation and
sale of trigger leads, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to prohibit the creation and
sale of trigger leads, 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 ``Trigger Leads Abatement Act of
2023''.
SEC. 2. TRIGGER LEAD PROHIBITION.
Section 604(c) of the Fair Credit Reporting Act (15 U.S.C.
1681b(c)) is amended by adding at the end the following:
``(4) Prohibition on trigger leads for residential mortgage
loans.--Notwithstanding paragraph (1), no consumer reporting
agency may furnish a consumer report in connection with a
credit transaction that is not initiated by a consumer, if the
report is being procured based in whole or in part on the
presence of an inquiry made in connection with a residential
mortgage loan (as defined under section 103 of the Truth in
Lending Act (15 U.S.C. 1602)).''.
<all>
</pre></body></html>
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118HR2657 | To clarify the counting of electoral votes in Congress to be a National Special Security Event. | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2657
To clarify the counting of electoral votes in Congress to be a National
Special Security Event.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To clarify the counting of electoral votes in Congress to be a National
Special Security Event.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. COUNTING OF ELECTORAL VOTES IN CONGRESS IS A NATIONAL
SPECIAL SECURITY EVENT.
The counting of electoral college votes in Congress pursuant to
section 15 of title 3, United States Code, is a National Special
Security Event (as such term is defined in section 2001(9) of the
Homeland Security Act of 2002 (6 U.S.C. 601(9))).
<all>
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118HR2658 | Conspiracy to Obstruct the Electoral Count 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. 2658 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2658
To amend title 18, United States Code, to impose criminal penalties on
the President for engaging in actions to interfere with the
determination of electoral votes in a presidential election, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to impose criminal penalties on
the President for engaging in actions to interfere with the
determination of electoral votes in a presidential election, 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 ``Conspiracy to Obstruct the Electoral
Count Act''.
SEC. 2. IMPOSITION OF CRIMINAL PENALTIES ON PRESIDENT FOR INTERFERING
WITH DETERMINATION OF ELECTORAL VOTES.
(a) Penalties.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Interference by President with determination of electoral
votes
``(a) It shall be unlawful for the President to--
``(1) obstruct the certification of electoral votes by
Congress;
``(2) pressure the Vice President during the certification
of electoral votes by Congress to discount a State-certified
slate of electors or count an alternate slate of electors;
``(3) pressure a Federal, State, or local official to
substitute an alternate slate of electors;
``(4) pressure a Federal, State, or local official to find
votes; or
``(5) pressure a Federal, State, or local official to make
false claims about a presidential election.
``(b) If the President violates subsection (a), the President shall
be fined under this title or imprisoned for not more than the maximum
term of imprisonment imposed for a violation of section 1505 of this
title (relating to obstruction of proceedings), or both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
such title is amended by adding at the end the following:
``612. Interference by President with determination of electoral
votes.''.
<all>
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118HR2659 | Pardon Disclosure Act | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
]
] | <p><b>Pardon Disclosure Act</b></p> <p>This bill retroactively requires Members of Congress who request presidential pardons for themselves or on behalf of other individuals, and individuals who receive such requests, to disclose the requests to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable. The disclosure requirements apply to requests made or received beginning on January 1, 2021.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2659 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2659
To require a Member of Congress who makes and any individual who
receives a request from a Member of Congress for a presidential pardon
to disclose the request to the Select Committee on Ethics of the Senate
or the Committee on Ethics of the House of Representatives, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on House Administration, 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 require a Member of Congress who makes and any individual who
receives a request from a Member of Congress for a presidential pardon
to disclose the request to the Select Committee on Ethics of the Senate
or the Committee on Ethics of the House of Representatives, 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 ``Pardon Disclosure Act''.
SEC. 2. DISCLOSURE OF PRESIDENTIAL PARDON REQUESTS TO CONGRESSIONAL
ETHICS COMMITTEES.
(a) Disclosure Requirement.--If a Member of Congress makes a
request for a presidential pardon to be granted to the Member or to any
other individual, the Member who made the request and any individual
who receives the request from the Member shall each disclose the
request to the supervising ethics committee in accordance with the
requirements under subsection (b).
(b) Deadline for Disclosure.--A Member of Congress who makes a
request described in subsection (a) or any individual who receives a
request described in subsection (a) shall each disclose such request to
the supervising ethics committee--
(1) in the case of any such request made or received after
the date of the enactment of this Act, not later than 30 days
after the date such request is made or received; and
(2) in the case of any such request made or received during
the period that begins on January 1, 2021, and ends on the date
of the enactment of this Act, not later than 30 days after the
date of the enactment of this Act.
(c) Civil Enforcement.--
(1) In general.--The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates, or whom the Attorney General
has reason to believe is engaging in conduct that violates,
subsection (a).
(2) Civil penalty.--
(A) In general.--If the court finds by a
preponderance of the evidence that a person violated
subsection (a), the court shall impose against the
person a civil penalty of not more than $100,000.
(B) Rule of construction.--A civil penalty under
this subsection may be in addition to any other
criminal or civil statutory, common law, or
administrative remedy available to the United States.
(d) Definitions.--In this section, the following definitions apply:
(1) Member of congress.--The term ``Member of Congress''
includes a Delegate or Resident Commissioner to the Congress.
(2) Supervising ethics committee.--The term ``supervising
ethics committee'' means--
(A) in the case of any request described in
subsection (a) with respect to a Member of the Senate,
the Select Committee on Ethics of the Senate; and
(B) in the case of any request described in
subsection (a) with respect to a Member of the House of
Representatives, the Committee on Ethics of the House
of Representatives.
SEC. 3. RULES OF THE HOUSE OF REPRESENTATIVES PRESIDENTIAL PARDON
DISCLOSURE REQUIREMENT.
Clause 2 of rule XXVI of the Rules of the House of Representatives
is amended by striking the period at the end and inserting ``, except
that Members, Delegates, and the Resident Commissioner shall also
include in each annual financial disclosure report required under such
title the disclosure of any request made by the Member, Delegate, or
Resident Commissioner for a presidential pardon to be granted to the
Member, Delegate, or Resident Commissioner or to any other
individual.''.
<all>
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118HR266 | National Lighthouse Museum Act | [
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"sponsor"
]
] | <p><strong>National Lighthouse Museum Act</strong></p> <p>This bill grants a federal charter to the National Lighthouse Museum. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 266 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 266
To amend title 36, United States Code, to grant a Federal charter to
the National Lighthouse Museum.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 36, United States Code, to grant a Federal charter to
the National Lighthouse Museum.
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 Lighthouse Museum Act''.
SEC. 2. NATIONAL LIGHTHOUSE MUSEUM.
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 1519 the following new chapter:
``CHAPTER 1520--NATIONAL LIGHTHOUSE MUSEUM
``Sec.
``152001. Organization.
``152002. Purposes.
``152003. Operation of museum.
``152004. Membership.
``152005. Governing body.
``152006. Powers.
``152007. Restrictions.
``152008. Duty to maintain corporate and tax-exempt status.
``152009. Records and inspection.
``152010. Service of process.
``152011. Liability for acts of officers and agents.
``152012. Annual report.
``152013. Definitions.
``Sec. 152001. Organization
``(a) Federal Charter.--The National Lighthouse Museum,
incorporated in New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 152002. Purposes
``The purposes of the corporation are as provided in its
constitution and bylaws and include the following purposes:
``(1) To collect, preserve, and interpret objects related
to the history and technology of lighthouses and lightships
located, in the past or present, at sites throughout the United
States.
``(2) To research, document, and disseminate information on
the history and technology of American lighthouses.
``(3) To create and maintain an archive of artifacts and
materials related to American lighthouses.
``(4) To foster research of American lighthouse history.
``(5) To serve as a contact point for public inquiry and
assistance with respect to American lighthouse history,
research, education, collections, and programs.
``(6) To celebrate America's lighthouse heritage through
educational programs, publications, films, festivals, living
history, lighthouse trails, conferences, and other such
offerings.
``(7) To support other existing and future lighthouse
museums, organizations, and sites.
``(8) To establish partnerships with other organizations to
attain the above goals.
``(9) To engage in any lawful act or activity necessary to
further the purposes of the corporation under this section.
``Sec. 152003. Operation of museum
``(a) In General.--The corporation shall operate a museum to be
known as the National Lighthouse Museum at the site of the former
United States Lighthouse Service General Depot located at what is now
known as St. George, Staten Island, New York.
``(b) Storage Facility.--The corporation shall operate a storage
facility located at or near the site described in subsection (a) for
the care, conservation, and maintenance of artifacts in the collection
of the corporation.
``(c) Support to Other Museums.--The corporation shall provide
support to other museums that interpret the history of aids to
navigation in the United States.
``(d) Designation of Collection.--The collection of artifacts of
the National Lighthouse Museum shall be known as the National
Lighthouse Collection.
``(e) Exclusive Right.--The corporation shall have the sole and
exclusive right to use, in carrying out its purposes, the name
`National Lighthouse Museum' and the sole and exclusive right to the
use of its corporate seal, emblems, and badges as adopted by the
corporation.
``Sec. 152004. Membership
``Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
``Sec. 152005. Governing body
``(a) Board of Trustees.--The board of trustees of the corporation
and the responsibilities of the board are as provided in the
constitution and bylaws of the corporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in the bylaws of the corporation.
``Sec. 152006. Powers
``The corporation has only the powers provided in its constitution,
bylaws, and charter as granted by the Board of Regents of the State of
New York and in the certificate of authority in any other State in
which the corporation is, or shall be, qualified to do business.
``Sec. 152007. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a trustee or
officer, acting as such trustee or officer, may not contribute to,
support, or participate in any political activity or in any manner
attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a trustee, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the board of trustees.
``(d) Loans.--The corporation may not make a loan to a trustee,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 152008. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its
corporate status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 152009. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
trustees, and committees; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote, if any.
``(b) Inspection.--Any officer or trustee, or any member entitled
to vote (if any), or an agent or attorney of such officer, trustee, or
member, may inspect the records of the corporation for any proper
purpose at any reasonable time.
``Sec. 152010. Service of process
``The corporation shall comply with the law on service of process
of the State of New York and in each State in which it carries on
activities.
``Sec. 152011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 152012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
``Sec. 152013. Definitions
``For purposes of this chapter--
``(1) the term `corporation' means the National Lighthouse
Museum, Inc., incorporated in New York; and
``(2) the term `State' includes the District of Columbia
and the territories and possessions of the United States.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by inserting after the item relating to
chapter 1519 the following new item:
``1520. National Lighthouse Museum.......................... 152001.''.
<all>
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118HR2660 | SALT Fairness for Working Families Act | [
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[
"C001117",
"Rep. Casten, Sean [D-IL-6]",
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] | <p><strong>SALT Fairness for Working Families Act</strong></p> <p>This bill increases the limit on the individual income tax deduction for certain state and local taxes, which is currently $10,000 per year ($5,000 for a married taxpayer filing a separate return). The bill increases the limit to $15,000 (twice that amount in the case of a joint return) and requires the increased limit to be adjusted for inflation after 2023.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2660 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2660
To amend the Internal Revenue Code of 1986 to increase the limitation
on the amount individuals can deduct for certain State and local taxes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Underwood (for herself and Mr. Casten) 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 increase the limitation
on the amount individuals can deduct for certain State and local taxes.
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 ``SALT Fairness for Working Families
Act''.
SEC. 2. INCREASE IN LIMITATION ON DEDUCTION FOR CERTAIN STATE AND LOCAL
TAXES OF INDIVIDUALS.
(a) In General.--Section 164(b)(6)(B) of the Internal Revenue Code
of 1986 is amended by striking ``$10,000 ($5,000 in the case of a
married individual filing a separate return)'' and inserting ``$15,000
(twice such amount in the case of a joint return)''.
(b) Inflation Adjustment.--Section 164(b) of such Code is amended
by adding at the end the following new paragraph:
``(7) Inflation adjustment.--In the case of any taxable
year beginning after December 31, 2023, the $15,000 amount in
paragraph (6)(B) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the next
lowest multiple of $100.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
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118HR2661 | Project Safe Childhood Act | [
[
"W000797",
"Rep. Wasserman Schultz, Debbie [D-FL-25]",
"sponsor"
],
[
"H001095",
"Rep. Hunt, Wesley [R-TX-38]",
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[
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[
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"cospon... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2661
To reauthorize and update the Project Safe Childhood program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Ms. Wasserman Schultz (for herself and Mr. Hunt) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize and update the Project Safe Childhood 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 ``Project Safe Childhood Act''.
SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION.
Section 143 of the Adam Walsh Child Protection and Safety Act of
2006 (34 U.S.C. 20942) is amended to read as follows:
``SEC. 143. PROJECT SAFE CHILDHOOD.
``(a) Definitions.--In this section:
``(1) Child sexual abuse material.--The term `child sexual
abuse material' has the meaning given the term `child
pornography' in section 2256 of title 18, United States Code.
``(2) Child sexual exploitation offense.--The term `child
sexual exploitation offense' means--
``(A)(i) an offense involving a minor under section
1591 or chapter 117 of title 18, United States Code;
``(ii) an offense under subsection (a), (b), or (c)
of section 2251 of title 18, United States Code;
``(iii) an offense under section 2251A or 2252A(g)
of title 18, United States Code; or
``(iv) any attempt or conspiracy to commit an
offense described in clause (i) or (ii); or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(3) Circle of trust offender.--The term `circle of trust
offender' means an offender who is related to, or in a position
of trust, authority, or supervisory control with respect to, a
child.
``(4) Computer.--The term `computer' has the meaning given
the term in section 1030 of title 18, United States Code.
``(5) Contact sexual offense.--The term `contact sexual
offense' means--
``(A) an offense involving a minor under chapter
109A of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(6) Dual offender.--The term `dual offender' means--
``(A) a person who commits--
``(i) a technology-facilitated child sexual
exploitation offense or an offense involving
child sexual abuse material; and
``(ii) a contact sexual offense; and
``(B) without regard to whether the offenses
described in clauses (i) and (ii) of subparagraph (A)--
``(i) are committed as part of the same
course of conduct; or
``(ii) involve the same victim.
``(7) Facilitator.--The term `facilitator' means an
individual who facilitates the commission by another individual
of--
``(A) a technology-facilitated child sexual
exploitation offense or an offense involving child
sexual abuse material; or
``(B) a contact sexual offense.
``(8) ICAC affiliate partner.--The term `ICAC affiliate
partner' means a law enforcement agency that has entered into a
formal operating agreement with the ICAC Task Force Program.
``(9) ICAC task force.--The term `ICAC task force' means a
task force that is part of the ICAC Task Force Program.
``(10) ICAC task force program.--The term `ICAC Task Force
Program' means the National Internet Crimes Against Children
Task Force Program established under section 102 of the PROTECT
Our Children Act of 2008 (34 U.S.C. 21112).
``(11) Offense involving child sexual abuse material.--The
term `offense involving child sexual abuse material' means--
``(A) an offense under section 2251(d), section
2252, or paragraphs (1) through (6) of section 2252A(a)
of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense under a State or Tribal statute
that is similar to a provision described in
subparagraph (A).
``(12) Serious offender.--The term `serious offender'
means--
``(A) an offender who has committed a contact
sexual offense or child sexual exploitation offense;
``(B) a dual offender, circle of trust offender, or
facilitator; or
``(C) an offender with a prior conviction for a
contact sexual offense, a child sexual exploitation
offense, or an offense involving child sexual abuse
material.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(14) Technology-facilitated.--The term `technology-
facilitated', with respect to an offense, means an offense that
is committed through the use of a computer, even if the use of
a computer is not an element of the offense.
``(b) Establishment of Program.--The Attorney General shall create
and maintain a nationwide initiative to align Federal, State, and local
entities to combat the growing epidemic of online child sexual
exploitation and abuse, to be known as the `Project Safe Childhood
program', in accordance with this section.
``(c) Best Practices.--The Attorney General, in coordination with
the Child Exploitation and Obscenity Section of the Criminal Division
of the Department of Justice and the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, and in
consultation with training and technical assistance providers under the
ICAC Task Force Program who are funded by the Attorney General and with
appropriate nongovernmental organizations, shall--
``(1) develop best practices to adopt a balanced approach
to the investigation of suspect leads involving contact sexual
offenses, child sexual exploitation offenses, and offenses
involving child sexual abuse material, and the prosecution of
those offenses, prioritizing when feasible the identification
of a child victim or a serious offender, which approach shall
incorporate the use of--
``(A) proactively generated leads, including leads
generated by current and emerging technology;
``(B) in-district investigative referrals; and
``(C) CyberTipline reports from the National Center
for Missing and Exploited Children;
``(2) develop best practices to be used by each United
States Attorney and ICAC task force to assess the likelihood
that an individual could be a serious offender or that a child
victim may be identified;
``(3) develop and implement a tracking and communication
system for Federal, State, and local law enforcement agencies
and prosecutor's offices to report successful cases of victim
identification and child rescue to the Department of Justice
and the public; and
``(4) encourage the submission of all lawfully seized
visual depictions to the Child Victim Identification Program of
the National Center for Missing and Exploited Children.
``(d) Implementation.--Except as authorized under subsection (e),
funds authorized under this section may only be used for the following
4 purposes:
``(1) Integrated Federal, State, and local efforts to
investigate and prosecute contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material, including--
``(A) the partnership by each United States
Attorney with each Internet Crimes Against Children
Task Force within the district of such attorney;
``(B) training of Federal, State, and local law
enforcement officers and prosecutors through--
``(i) programs facilitated by the ICAC Task
Force Program;
``(ii) ICAC training programs supported by
the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice;
``(iii) programs facilitated by appropriate
nongovernmental organizations with subject
matter expertise, technical skill, or
technological tools to assist in the
identification of and response to serious
offenders, contact sexual offenses, child
sexual exploitation offenses, or offenses
involving child sexual abuse material; and
``(iv) any other program that provides
training--
``(I) on the investigation and
identification of serious offenders or
victims of contact sexual offenses,
child sexual exploitation offenses, or
offenses involving child sexual abuse
material; or
``(II) that specifically addresses
the use of existing and emerging
technologies to commit or facilitate
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(C) the development by each United States
Attorney of a district-specific strategic plan to
coordinate with State and local law enforcement
agencies and prosecutor's offices, including ICAC task
forces and their ICAC affiliate partners, on the
investigation of suspect leads involving serious
offenders, contact sexual offenses, child sexual
exploitation offenses, and offenses involving child
sexual abuse material, and the prosecution of those
offenders and offenses, which plan--
``(i) shall include--
``(I) the use of the best practices
developed under paragraphs (1) and (2)
of subsection (c);
``(II) the development of plans and
protocols to target and rapidly
investigate cases involving potential
serious offenders or the identification
and rescue of a victim of a contact
sexual offense, a child sexual
exploitation offense, or an offense
involving child sexual abuse material;
``(III) the use of training and
technical assistance programs to
incorporate victim-centered, trauma-
informed practices in cases involving
victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse
material, which may include the use of
child protective services, children's
advocacy centers, victim support
specialists, or other supportive
services;
``(IV) the development of plans to
track, report, and clearly communicate
successful cases of victim
identification and child rescue to the
Department of Justice and the public;
``(V) an analysis of the
investigative and forensic capacity of
law enforcement agencies and
prosecutor's offices within the
district, and goals for improving
capacity and effectiveness;
``(VI) a written policy describing
the criteria for referrals for
prosecution from Federal, State, or
local law enforcement agencies,
particularly when the investigation may
involve a potential serious offender or
the identification or rescue of a child
victim;
``(VII) plans and budgets for
training of relevant personnel on
contact sexual offenses, child sexual
exploitation offenses, and offenses
involving child sexual abuse material;
``(VIII) plans for coordination and
cooperation with State, local, and
Tribal law enforcement agencies and
prosecutorial offices; and
``(IX) evidence-based programs that
educate the public about and increase
awareness of such offenses; and
``(ii) shall be developed in consultation,
as appropriate, with--
``(I) the local ICAC task force;
``(II) the United States Marshals
Service Sex Offender Targeting Center;
``(III) training and technical
assistance providers under the ICAC
Task Force Program who are funded by
the Attorney General;
``(IV) nongovernmental
organizations with subject matter
expertise, technical skill, or
technological tools to assist in the
identification of and response to
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(V) any relevant component of
Homeland Security Investigations;
``(VI) any relevant component of
the Federal Bureau of Investigation;
``(VII) the Office of Juvenile
Justice and Delinquency Prevention of
the Department of Justice;
``(VIII) the Child Exploitation and
Obscenity Section of the Criminal
Division of the Department of Justice;
``(IX) the United States Postal
Inspection Service;
``(X) the United States Secret
Service; and
``(XI) each military criminal
investigation organization of the
Department of Defense; and
``(D) a quadrennial assessment by each United
States Attorney of the investigations within the
district of such attorney of contact sexual offenses,
child sexual exploitation offenses, and offenses
involving child sexual abuse material--
``(i) with consideration of--
``(I) the variety of sources for
leads;
``(II) the proportion of work
involving proactive or undercover law
enforcement investigations;
``(III) the number of serious
offenders identified and prosecuted;
and
``(IV) the number of children
identified or rescued; and
``(ii) information from which may be used
by the United States Attorney, as appropriate,
to revise the plan described in subparagraph
(C).
``(2) Major case coordination by the Department of Justice
(or other Federal agencies as appropriate), including specific
cooperation, as appropriate, with--
``(A) the Child Exploitation and Obscenity Section
of the Criminal Division of the Department of Justice;
``(B) any relevant component of Homeland Security
Investigations;
``(C) any relevant component of the Federal Bureau
of Investigation;
``(D) the ICAC task forces and ICAC affiliate
partners;
``(E) the United States Marshals Service, including
the Sex Offender Targeting Center;
``(F) the United States Postal Inspection Service;
``(G) the United States Secret Service;
``(H) each Military Criminal Investigation
Organization of the Department of Defense; and
``(I) any task forces established in connection
with the Project Safe Childhood program set forth under
subsection (b).
``(3) Increased Federal involvement in, and commitment to,
the prevention and prosecution of technology-facilitated child
sexual exploitation offenses or offenses involving child sexual
abuse material by--
``(A) using technology to identify victims and
serious offenders;
``(B) developing processes and tools to identify
victims and offenders; and
``(C) taking measures to improve information
sharing among Federal law enforcement agencies,
including for the purposes of implementing the plans
and protocols described in paragraph (1)(C)(i)(II) to
identify and rescue--
``(i) victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse material;
or
``(ii) victims of serious offenders.
``(4) The establishment, development, and implementation of
a nationally coordinated `Safer Internet Day' every year
developed in collaboration with the Department of Education,
national and local internet safety organizations, parent
organizations, social media companies, and schools to provide--
``(A) national public awareness and evidence-based
educational programs about the threats posed by circle
of trust offenders and the threat of contact sexual
offenses, child sexual exploitation offenses, or
offenses involving child sexual abuse material, and the
use of technology to facilitate those offenses;
``(B) information to parents and children about how
to avoid or prevent technology-facilitated child sexual
exploitation offenses; and
``(C) information about how to report possible
technology-facilitated child sexual exploitation
offenses or offenses involving child sexual abuse
material through--
``(i) the National Center for Missing and
Exploited Children;
``(ii) the ICAC Task Force Program; and
``(iii) any other program that--
``(I) raises national awareness
about the threat of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material; and
``(II) provides information to
parents and children seeking to report
possible violations of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material.
``(e) Expansion of Project Safe Childhood.--Notwithstanding
subsection (d), funds authorized under this section may be also be used
for the following purposes:
``(1) The addition of not less than 20 Assistant United
States Attorneys at the Department of Justice, relative to the
number of such positions as of the day before the date of
enactment of the Project Safe Childhood Act, who shall be--
``(A) dedicated to the prosecution of cases in
connection with the Project Safe Childhood program set
forth under subsection (b); and
``(B) responsible for assisting and coordinating
the plans and protocols of each district under
subsection (d)(1)(C)(i)(II).
``(2) Such other additional and related purposes as the
Attorney General determines appropriate.
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated--
``(A) for the activities described under paragraphs
(1), (2), and (3) of subsection (d), $28,550,000 for
each of fiscal years 2023 through 2028;
``(B) for the activities described under subsection
(d)(4), $4,000,000 for each of fiscal years 2023
through 2028; and
``(C) for the activities described under subsection
(e), $29,100,000 for each of fiscal years 2023 through
2028.
``(2) Supplement, not supplant.--Amounts made available to
State and local agencies, programs, and services under this
section shall supplement, and not supplant, other Federal,
State, or local funds made available for those agencies,
programs, and services.''.
SEC. 3. TECHNICAL CLARIFICATIONS.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 1201--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``obtains by defrauding or
deceiving any person,'' after ``abducts,''; and
(B) in subsection (g), by adding at the end the
following:
``(2) Defense.--For an offense described in this subsection
involving a victim who has not attained the age of 16 years, it
is not a defense that the victim consented to the offender's
conduct unless the offender can establish by a preponderance of
the evidence that the offender reasonably believed that the
victim had attained the age of 16 years.'';
(2) in chapter 109A--
(A) in section 2241--
(i) in subsection (b)--
(I) in paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2)(B)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
(ii) in subsection (c)--
(I) by striking ``crosses a State
line'' and inserting ``travels in
interstate or foreign commerce'';
(II) by inserting ``or cause''
after ``engage in'';
(III) by inserting ``or by'' after
``a sexual act with'' each place it
appears;
(IV) by inserting ``or by'' after
``subsections (a) and (b) with'';
(V) by inserting ``or causes''
after ``engages in'' each place it
appears; and
(VI) by inserting ``or causing''
after ``so engaging''; and
(iii) in subsection (d), by inserting ``or
being caused to engage in'' after ``engaging
in'';
(B) in section 2242--
(i) in paragraph (2), in the matter
preceding subparagraph (A)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with''; and
(ii) in paragraph (3)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with'';
(C) in section 2243--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2), by inserting
``or causing'' after ``so engaging'';
(ii) in subsection (b)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2), by inserting
``or causing'' after ``so engaging'';
(iii) in subsection (c)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with''; and
(iv) in subsection (e)--
(I) in paragraph (1), by inserting
``or being caused to engage in'' after
``engaging in''; and
(II) in paragraph (2), by striking
``between the persons so engaging'' and
inserting the following: ``between--
``(A) the defendant; and
``(B) the person--
``(i) with whom the defendant engaged in a
sexual act; or
``(ii) whom the defendant caused to engage
in a sexual act''; and
(D) in section 2244(b)--
(i) by inserting ``or causes'' after
``engages in''; and
(ii) by inserting ``or by'' after ``sexual
contact with''; and
(3) in section 2423(f)(1)--
(A) by striking ``a sexual act (as defined in
section 2246) with'' and inserting ``any conduct
involving''; and
(B) by striking ``sexual act occurred'' and
inserting ``conduct occurred''.
(b) Effective Date.--The amendment to section 2241(c) of title 18,
United States Code, made by subsection (a)(2)(A)(ii)(I) of this section
shall apply to conduct that occurred before, on, or after the date of
enactment of this Act.
SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.
Title 18 of the United States Code is amended--
(1) in section 1466A--
(A) in subsection (a)(1)(A), by inserting ``, or
includes a minor in such visual depiction of any adult
engaging in sexually explicit conduct'' after
``sexually explicit conduct''; and
(B) in subsection (b)(1)(A), by inserting ``, or
includes a minor in such visual depiction of any adult
engaging in sexually explicit conduct'' after
``sexually explicit conduct'';
(2) in chapter 109A--
(A) in section 2244--
(i) in subsection (a)--
(I) by redesignating paragraphs (1)
through (5) as subparagraphs (A)
through (E), respectively, and
adjusting the margins accordingly;
(II) by striking ``Whoever'' and
inserting the following:
``(1) In general.--Whoever'';
(III) in paragraph (1), as so
designated--
(aa) in the matter
preceding subparagraph (A), as
so redesignated, by striking
``if so to do'' and inserting
``if to do so'';
(bb) in subparagraph (A),
as so redesignated, by striking
``ten'' and inserting ``10'';
(cc) in subparagraph (B),
as so redesignated, by striking
``three'' and inserting
``10''';
(dd) in subparagraph (C),
as so redesignated, by striking
``two'' and inserting ``5'';
and
(ee) in subparagraph (D),
as so redesignated, by striking
``two'' and inserting ``5'';
and
(IV) by adding at the end the
following:
``(2) Attempt.--Whoever attempts to commit an offense under
paragraph (1) shall be subject to the same penalty as for a
completed offense.'';
(ii) in subsection (b)--
(I) by inserting ``or causes''
after ``engages in'';
(II) by inserting ``or by'' after
``sexual contact with'';
(III) by inserting ``, or attempts
to do so,'' after ``other person's
permission''; and
(IV) by striking ``two'' and
inserting ``2''; and
(iii) in subsection (c), by striking ``If
the sexual contact that violates this section
(other than subsection (a)(5)) is with an
individual'' and inserting ``If the sexual
contact or attempted sexual contact that a
person engages in or causes in violation of
this section (other than subsection (a)(1)(E))
is with or by an individual''; and
(B) in section 2246(2), by inserting after ``16
years'' the following: ``, or of any person by a person
who has not attained the age of 16 years,''; and
(3) in chapter 110--
(A) in section 2251--
(i) by striking subsections (a) and (b) and
inserting the following:
``(a) Any person who, in a circumstance described in subsection
(f), engages in any of the following conduct shall be punished as
provided under subsection (e):
``(1) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct
or transmitting a live visual depiction of such conduct.
``(2) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct and
in the course thereof, knowingly produces or causes to be
produced any visual depiction of such conduct, or transmits or
causes to be transmitted a live visual depiction of such
conduct.
``(3) Engages in sexually explicit conduct in the presence
of a minor for the purpose of producing any visual depiction of
such conduct or transmitting a live visual depiction of such
conduct, intending that the minor be included in such visual
depiction.
``(4) Engages in sexually explicit conduct in the presence
of a minor and in the course thereof, knowingly produces or
causes to be produced any visual depiction of such conduct, or
transmits or causes to be transmitted a live visual depiction
of such conduct, intentionally including the minor in such
visual depiction.
``(5) Has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (4) of this subsection.
``(6) Transports any minor in or affecting interstate or
foreign commerce with the intent that such minor be used in the
production or live transmission of any visual depiction of a
minor engaged in any sexually explicit conduct.
``(b) Any parent, legal guardian, or person who has custody or
control of a minor and, in a circumstance described in subsection (f),
engages in any of the following conduct shall be punished as provided
under subsection (e):
``(1) Knowingly permits such minor to engage in, or to
assist any other person to engage in, sexually explicit
conduct--
``(A) for the purpose of producing any visual
depiction of such conduct or transmitting a live visual
depiction of such conduct; or
``(B) knowing that any visual depiction of such
conduct will be produced or transmitted.
``(2) Knowingly permits an adult to engage in sexually
explicit conduct in the presence of the minor--
``(A) for the purpose of producing any visual
depiction of such conduct or transmitting a live visual
depiction of such conduct, intending that the minor be
included in such visual depiction; or
``(B) knowing that any visual depiction of such
conduct will be produced or transmitted, intentionally
including the minor in such visual depiction.'';
(ii) in subsection (c)--
(I) in paragraph (1)--
(aa) by striking ``employs,
uses, persuades, induces,
entices, or coerces any minor
to engage in, or who has a
minor assist any other person
to engage in, any sexually
explicit conduct'' and
inserting ``engages in any of
the conduct described in
paragraphs (1) through (5) of
subsection (a)''; and
(bb) by striking ``for the
purpose of producing any visual
depiction of such conduct,'';
and
(II) in paragraph (2)--
(aa) in subparagraph (A),
by inserting ``or transmitted''
after ``transported''; and
(bb) in subparagraph (B) by
inserting ``or transmits''
after ``transports'';
(iii) in subsection (d)(1), by striking
subparagraph (A) and inserting the following:
``(A) to receive, exchange, buy, produce, display,
distribute, or reproduce, any visual depiction, if--
``(i) the production of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the production of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction; or''; and
(iv) by adding at the end the following:
``(f) Circumstances.--The circumstance referred to in subsections
(a) and (b) is that--
``(1) the person knows or has reason to know that the
visual depiction will be--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed;
``(2) the visual depiction was produced or transmitted
using materials that have been--
``(A) mailed; or
``(B) shipped or transported in or affecting
interstate or foreign commerce by any means, including
by computer;
``(3) the visual depiction has actually been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed; or
``(4) any part of the offense occurred in a territory or
possession of the United States or within the special maritime
and territorial jurisdiction of the United States.'';
(B) in section 2251A--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1), by inserting ``or
control'' after ``transfer custody'';
(II) by striking paragraph (1) and
inserting the following:
``(1) with knowledge that, as a consequence of the sale or
transfer, the minor will be--
``(A) portrayed in any visual depiction engaging
in, or assisting another person to engage in, sexually
explicit conduct; or
``(B) intentionally included in any visual
depiction of an adult engaging in sexually explicit
conduct in the presence of the minor; or''; and
(III) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``either'';
(bb) in subparagraph (A),
by striking ``or'' at the end;
(cc) in subparagraph (B),
by adding ``or'' at the end;
and
(dd) by inserting after
subparagraph (B) the following:
``(C) the intentional inclusion of the minor in any
visual depiction of an adult engaging in sexually
explicit conduct in the presence of the minor;''; and
(ii) in subsection (b)--
(I) by striking paragraph (1) and
inserting the following:
``(1) with knowledge that, as a consequence of the purchase
or obtaining of custody or control, the minor will be--
``(A) portrayed in any visual depiction engaging
in, or assisting another person to engage in, sexually
explicit conduct; or
``(B) intentionally included in any visual
depiction of an adult engaging in sexually explicit
conduct in the presence of the minor; or''; and
(II) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``either'';
(bb) in subparagraph (A),
by striking ``or'' at the end;
(cc) in subparagraph (B),
by adding ``or'' at the end;
and
(dd) by inserting after
subparagraph (B) the following:
``(C) the intentional inclusion of the minor in any
visual depiction of an adult engaging in sexually
explicit conduct in the presence of the minor;'';
(C) in section 2252(a)--
(i) in paragraph (1), by striking
subparagraphs (A) and (B) and inserting the
following:
``(A) the producing of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct and such visual depiction is of such
conduct; or
``(B) the producing of such visual depiction
involves an adult engaging in sexually explicit conduct
in the presence of a minor, such visual depiction is of
such conduct, and the minor is intentionally included
in the visual depiction;'';
(ii) in paragraph (2), by striking
subparagraphs (A) and (B) and inserting the
following:
``(A) the producing of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct and such visual depiction is of such
conduct; or
``(B) the producing of such visual depiction
involves an adult engaging in sexually explicit conduct
in the presence of a minor, such visual depiction is of
such conduct, and the minor is intentionally included
in the visual depiction;'';
(iii) in paragraph (3)(B), by striking
clauses (i) and (ii) and inserting the
following:
``(i) the producing of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the producing of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction;''; and
(iv) in paragraph (4)(B), by striking
clauses (i) and (ii) and inserting the
following:
``(i) the producing of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the producing of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction;'';
(D) in section 2256--
(i) in paragraph (8)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) the production of such visual depiction
involves--
``(i) the use of a minor engaging in
sexually explicit conduct; or
``(ii) an adult engaging in sexually
explicit conduct in the presence of a minor and
the intentional inclusion of the minor in the
visual depiction;''; and
(II) in subparagraph (B), by
inserting after ``sexually explicit
conduct'' the following: ``or that of a
minor intentionally included in such
visual depiction of an adult engaging
in sexually explicit conduct''; and
(III) in subparagraph (C), by
inserting after ``sexually explicit
conduct.'' the following: ``or is
intentionally included in such visual
depiction of an adult engaging in
sexually explicit conduct'';
(ii) in paragraph (9), by striking the
period at the end and inserting a semicolon;
(iii) in paragraph (10), by striking
``and'' at the end;
(iv) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(v) adding at the end the following:
``(12) the terms `uses any minor to engage in', `the use of
a minor engaging in', and `in the presence of a minor' do not
require--
``(A) the minor to be aware of, or to be capable of
appraising the nature of, the sexually explicit
conduct; or
``(B) any direct engagement or active participation
by the minor in the sexually explicit conduct.''; and
(E) in section 2260--
(i) by striking subsection (a) and
inserting the following:
``(a) Use of Minor.--A person who, outside the United States,
engages in any of the following conduct, intending that the visual
depiction will be imported or transmitted into the United States or
into waters within 12 miles of the coast of the United States, shall be
punished as provided in subsection (c):
``(1) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct
or transmitting a live visual depiction of such conduct.
``(2) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct and
in the course thereof, knowingly produces or causes to be
produced any visual depiction of such conduct, or transmits or
causes to be transmitted a live visual depiction of such
conduct.
``(3) Engages in sexually explicit conduct in the presence
of a minor for the purpose of producing any visual depiction of
such conduct or transmitting a live visual depiction of such
conduct, intending that the minor be included in such visual
depiction.
``(4) Engages in sexually explicit conduct in the presence
of a minor and in the course thereof, knowingly produces or
causes to be produced any visual depiction of such conduct, or
transmits or causes to be transmitted a live visual depiction
of such conduct, intentionally including the minor in such
visual depiction.
``(5) Has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (4) of this subsection.
``(6) Transports any minor in or affecting foreign commerce
with the intent that such minor be used in the production or
live transmission of any visual depiction of a minor engaged in
any sexually explicit conduct.''; and
(ii) in subsection (b), by striking
``visual depiction of a minor engaging in
sexually explicit conduct (if the production of
the visual depiction involved the use of a
minor engaging in sexually explicit conduct),
intending that the visual depiction'' and
inserting ``child pornography (as defined in
section 2256(8)(A)), intending that the child
pornography''.
<all>
</pre></body></html>
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118HR2662 | Collegiate Housing and Infrastructure Act of 2023 | [
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... | <p><strong>Collegiate Housing and Infrastructure Act of 2023</strong></p> <p>This bill allows tax-exempt charitable or educational organizations to make collegiate housing and infrastructure grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) that apply such grants to their collegiate housing property.</p> <p>A <i>collegiate housing and infrastructure grant </i>is a grant to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes. The grant must be for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. The grant may not be used to provide physical fitness facilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2662 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2662
To amend the Internal Revenue Code of 1986 to provide for collegiate
housing and infrastructure grants.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2023
Mr. Wenstrup (for himself and Ms. Sewell) 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 provide for collegiate
housing and infrastructure grants.
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 ``Collegiate Housing and
Infrastructure Act of 2023''.
SEC. 2. CHARITABLE ORGANIZATIONS PERMITTED TO MAKE COLLEGIATE HOUSING
AND INFRASTRUCTURE GRANTS.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(s) Treatment of Organizations Making Collegiate Housing and
Infrastructure Improvement Grants.--
``(1) In general.--For purposes of subsection (c)(3) and
sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an
organization shall not fail to be treated as organized and
operated exclusively for charitable or educational purposes
solely because such organization makes collegiate housing and
infrastructure grants to an organization described in
subsection (c)(7) which applies the grant to its collegiate
housing property.
``(2) Housing and infrastructure grants.--For purposes of
paragraph (1), collegiate housing and infrastructure grants are
grants to provide, improve, operate, or maintain collegiate
housing property that may involve more than incidental social,
recreational, or private purposes, so long as such grants are
for purposes that would be permissible for a dormitory or other
residential facility of the college or university with which
the collegiate housing property is associated. A grant shall
not be treated as a collegiate housing and infrastructure grant
for purposes of paragraph (1) to the extent that such grant is
used to provide physical fitness facilities.
``(3) Collegiate housing property.--For purposes of this
subsection, collegiate housing property is property in which,
at the time of a grant or following the acquisition, lease,
construction, or modification of such property using such
grant, substantially all of the residents are full-time
students at the college or university in the community where
such property is located.
``(4) Grants to certain organizations holding title to
property, etc.--For purposes of this subsection, a collegiate
housing and infrastructure grant to an organization described
in subsection (c)(2) or (c)(7) holding title to property
exclusively for the benefit of an organization described in
subsection (c)(7) shall be considered a grant to the
organization described in subsection (c)(7) for whose benefit
such property is held.''.
(b) Effective Date.--The amendment made by this section shall apply
to grants made in taxable years ending after the date of the enactment
of this Act.
<all>
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118HR2663 | Workplace Violence Prevention for Health Care and Social Service Workers Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2663 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2663
To direct the Secretary of Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Courtney (for himself, Mr. Scott of Virginia, Mr. Bacon, Ms. Adams,
Mr. Fitzpatrick, and Mr. Van Drew) introduced the following bill; which
was referred to the Committee on Education and the Workforce, and in
addition to the Committees on Energy and Commerce, and 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 direct the Secretary of Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, 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 ``Workplace Violence Prevention for
Health Care and Social Service Workers Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
Sec. 101. Workplace violence prevention standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
Sec. 201. Application of the workplace violence prevention standard to
certain facilities receiving Medicare
funds.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
SEC. 101. WORKPLACE VIOLENCE PREVENTION STANDARD.
(a) Interim Final Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor shall issue an
interim final standard on workplace violence prevention--
(A) to require certain employers in the health care
and social service sectors, and certain employers in
sectors that conduct activities similar to the
activities in the health care and social service
sectors, to develop and implement a comprehensive
workplace violence prevention plan and carry out other
activities or requirements described in section 103 to
protect health care workers, social service workers,
and other personnel from workplace violence;
(B) that shall, at a minimum, be based on the
Guidelines for Preventing Workplace Violence for
Healthcare and Social Service Workers published by the
Occupational Safety and Health Administration of the
Department of Labor in 2015 and adhere to the
requirements of this title; and
(C) that provides for a period determined
appropriate by the Secretary, not to exceed 1 year,
during which the Secretary shall prioritize technical
assistance and advice consistent with section 21(d) of
the Occupational Safety and Health Act of 1970 (29
U.S.C. 670(d)) to employers subject to the standard
with respect to compliance with the standard.
(2) Inapplicable provisions of law and executive order.--
The following provisions of law and Executive orders shall not
apply to the issuance of the interim final standard under this
subsection:
(A) The requirements applicable to occupational
safety and health standards under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(B) The requirements of chapters 5 and 6 of title
5, United States Code.
(C) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(D) Executive Order No. 12866 (58 Fed. Reg. 51735;
relating to regulatory planning and review), as
amended.
(3) Notice and comment.--Notwithstanding paragraph (2)(B),
the Secretary shall, prior to issuing the interim final
standard under this subsection, provide notice in the Federal
Register of the interim final standard and a 30-day period for
public comment.
(4) Effective date of interim standard.--The interim final
standard shall--
(A) take effect on a date that is not later than 30
days after issuance, except that such interim final
standard may include a reasonable phase-in period for
the implementation of required engineering controls
that take effect after such date;
(B) be enforced in the same manner and to the same
extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)); and
(C) be in effect until the final standard described
in subsection (b) becomes effective and enforceable.
(5) Failure to promulgate.--If an interim final standard
described in paragraph (1) is not issued not later than 1 year
of the date of enactment of this Act, the provisions of this
title shall be in effect and enforced in the same manner and to
the same extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act (29 U.S.C. 655(b))
until such provisions are superseded in whole by an interim
final standard issued by the Secretary that meets the
requirements of paragraph (1).
(b) Final Standard.--
(1) Proposed standard.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act
(29 U.S.C. 655), promulgate a proposed standard on workplace
violence prevention--
(A) for the purposes described in subsection
(a)(1)(A); and
(B) that shall include, at a minimum, requirements
contained in the interim final standard promulgated
under subsection (a).
(2) Final standard.--Not later than 42 months after the
date of enactment of this Act, the Secretary shall issue a
final standard on such proposed standard that shall--
(A) provide no less protection than any workplace
violence standard adopted by a State plan that has been
approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
667), provided the Secretary finds that the final
standard is feasible on the basis of the best available
evidence; and
(B) be effective and enforceable in the same manner
and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)).
SEC. 102. SCOPE AND APPLICATION.
In this title:
(1) Covered facility.--
(A) In general.--The term ``covered facility''
includes the following:
(i) Any hospital, including any specialty
hospital, in-patient or outpatient setting, or
clinic operating within a hospital license, or
any setting that provides outpatient services.
(ii) Any residential treatment facility,
including any nursing home, skilled nursing
facility, hospice facility, Alzheimer's and
memory care facility, and long-term care
facility.
(iii) Any non-residential treatment or
service setting.
(iv) Any medical treatment or social
service setting or clinic at a correctional or
detention facility.
(v) Any community care setting, including a
community-based residential facility, group
home, and mental health clinic.
(vi) Any psychiatric treatment facility.
(vii) Any drug abuse or substance use
disorder treatment center.
(viii) Any independent freestanding
emergency centers.
(ix) Any facility described in clauses (i)
through (viii) operated by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to section
1960 of title 29, Code of Federal Regulations
(as such section is in effect on the date of
enactment of this Act).
(x) Any other facility the Secretary
determines should be covered under the
standards promulgated under section 101.
(B) Exclusion.--The term ``covered facility'' does
not include an office of a physician, dentist,
podiatrist, or any other health practitioner that is
not physically located within a covered facility
described in clauses (i) through (x) of subparagraph
(A).
(2) Covered services.--
(A) In general.--The term ``covered service''
includes the following services and operations:
(i) Any services and operations provided in
any field work setting, including home health
care, home-based hospice, and home-based social
work.
(ii) Any emergency services and transport,
including such services provided by
firefighters and emergency responders.
(iii) Any services described in clauses (i)
and (ii) performed by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to section
1960 of title 29, Code of Federal Regulations
(as such section is in effect on the date of
enactment of this Act).
(iv) Any other services and operations the
Secretary determines should be covered under
the standards promulgated under section 101.
(B) Exclusion.--The term ``covered service'' does
not include child day care services.
(3) Covered employer.--
(A) In general.--The term ``covered employer''
includes a person (including a contractor,
subcontractor, a temporary service firm, or an employee
leasing entity) that employs an individual to work at a
covered facility or to perform covered services.
(B) Exclusion.--The term ``covered employer'' does
not include an individual who privately employs, in the
individual's residence, a person to perform covered
services for the individual or a family member of the
individual.
(4) Covered employee.--The term ``covered employee''
includes an individual employed by a covered employer to work
at a covered facility or to perform covered services.
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.
Each standard described in section 101 shall include, at a minimum,
the following requirements:
(1) Workplace violence prevention plan.--Not later than 6
months after the date of promulgation of the interim final
standard under section 101(a), a covered employer shall
develop, implement, and maintain an effective written workplace
violence prevention plan (in this section referred to as the
``Plan'') for covered employees at each covered facility and
for covered employees performing a covered service on behalf of
such employer, which meets the following:
(A) Plan development.--Each Plan--
(i) shall be developed and implemented with
the meaningful participation of direct care
employees, other employees, and employee
representatives, for all aspects of the Plan;
(ii) shall be tailored and specific to
conditions and hazards for the covered facility
or the covered service, including patient-
specific risk factors and risk factors specific
to each work area or unit;
(iii) shall be suitable for the size,
complexity, and type of operations at the
covered facility or for the covered service,
and remain in effect at all times; and
(iv) may be in consultation with
stakeholders or experts who specialize in
workplace violence prevention, emergency
response, or other related areas of expertise
for all relevant aspects of the Plan.
(B) Plan content.--Each Plan shall include
procedures and methods for the following:
(i) Identification of the individual and
the individual's position responsible for
implementation of the Plan.
(ii) With respect to each work area and
unit at the covered facility or while covered
employees are performing the covered service,
risk assessment and identification of workplace
violence risks and hazards to employees exposed
to such risks and hazards (including
environmental risk factors and patient-specific
risk factors), which shall be--
(I) informed by past violent
incidents specific to such covered
facility or such covered service; and
(II) conducted with, at a minimum--
(aa) direct care employees;
(bb) where applicable, the
representatives of such
employees; and
(cc) the employer.
(iii) Hazard prevention, engineering
controls, or work practice controls to correct
hazards, in a timely manner, applying
industrial hygiene principles of the hierarchy
of controls, which--
(I) may include security and alarm
systems, adequate exit routes,
monitoring systems, barrier protection,
established areas for patients and
clients, lighting, entry procedures,
staffing and working in teams, and
systems to identify and flag clients
with a history of violence; and
(II) shall ensure that employers
correct, in a timely manner, hazards
identified in any violent incident
investigation described in paragraph
(2) and any annual report described in
paragraph (5).
(iv) Reporting, incident response, and
post-incident investigation procedures,
including procedures--
(I) for employees to report
workplace violence risks, hazards, and
incidents;
(II) for employers to respond to
reports of workplace violence;
(III) for employers to perform a
post-incident investigation and
debriefing of all reports of workplace
violence with the participation of
employees and their representatives;
(IV) to provide medical care or
first aid to affected employees; and
(V) to provide employees with
information about available trauma and
related counseling.
(v) Procedures for emergency response,
including procedures for threats of mass
casualties and procedures for incidents
involving a firearm or a dangerous weapon.
(vi) Procedures for communicating with and
training the covered employees on workplace
violence hazards, threats, and work practice
controls, the employer's plan, and procedures
for confronting, responding to, and reporting
workplace violence threats, incidents, and
concerns, and employee rights.
(vii) Procedures for--
(I) ensuring the coordination of
risk assessment efforts, Plan
development, and implementation of the
Plan with other employers who have
employees who work at the covered
facility or who are performing the
covered service; and
(II) determining which covered
employer or covered employers shall be
responsible for implementing and
complying with the provisions of the
standard applicable to the working
conditions over which such employers
have control.
(viii) Procedures for conducting the annual
evaluation under paragraph (6).
(C) Availability of plan.--Each Plan shall be made
available at all times to the covered employees who are
covered under such Plan.
(2) Violent incident investigation.--
(A) In general.--As soon as practicable after a
workplace violence incident, risk, or hazard of which a
covered employer has knowledge, the employer shall
conduct an investigation of such incident, risk, or
hazard under which the employer shall--
(i) review the circumstances of the
incident, risk, or hazard, and whether any
controls or measures implemented pursuant to
the Plan of the employer were effective; and
(ii) solicit input from involved employees,
their representatives, and supervisors about
the cause of the incident, risk, or hazard, and
whether further corrective measures (including
system-level factors) could have prevented the
incident, risk, or hazard.
(B) Documentation.--A covered employer shall
document the findings, recommendations, and corrective
measures taken for each investigation conducted under
this paragraph.
(3) Training and education.--With respect to the covered
employees covered under a Plan of a covered employer, the
employer shall provide training and education to such employees
who may be exposed to workplace violence hazards and risks,
which meet the following requirements:
(A) Annual training and education shall include
information on the Plan, including identified workplace
violence hazards, work practice control measures,
reporting procedures, record keeping requirements,
response procedures, anti-retaliation policies, and
employee rights.
(B) Additional hazard recognition training shall be
provided for supervisors and managers to ensure they--
(i) can recognize high-risk situations; and
(ii) do not assign employees to situations
that predictably compromise the safety of such
employees.
(C) Additional training shall be provided for each
such covered employee whose job circumstances have
changed, within a reasonable timeframe after such
change.
(D) Additional training shall be provided for each
such covered employee whose job circumstances require
working with victims of torture, trafficking, or
domestic violence.
(E) Applicable training shall be provided under
this paragraph for each new covered employee prior to
the employee's job assignment.
(F) All training shall provide such employees
opportunities to ask questions, give feedback on
training, and request additional instruction,
clarification, or other followup.
(G) All training shall be provided in-person and by
an individual with knowledge of workplace violence
prevention and of the Plan, except that any annual
training described in subparagraph (A) provided to an
employee after the first year such training is provided
to such employee may be conducted by live video if in-
person training is impracticable.
(H) All training shall be appropriate in content
and vocabulary to the language, educational level, and
literacy of such covered employees.
(4) Recordkeeping and access to plan records.--
(A) In general.--Each covered employer shall--
(i) maintain for not less than 5 years--
(I) records related to each Plan of
the employer, including workplace
violence risk and hazard assessments,
and identification, evaluation,
correction, and training procedures;
(II) a violent incident log
described in subparagraph (B) for
recording all workplace violence
incidents; and
(III) records of all incident
investigations as required under
paragraph (2)(B); and
(ii)(I) make such records and logs
available, upon request, to covered employees
and their representatives for examination and
copying in accordance with section 1910.1020 of
title 29, Code of Federal Regulations (as such
section is in effect on the date of enactment
of this Act), and in a manner consistent with
HIPAA privacy regulations (defined in section
1180(b)(3) of the Social Security Act (42
U.S.C. 1320d-9(b)(3))) and part 2 of title 42,
Code of Federal Regulations (as such part is in
effect on the date of enactment of this Act);
and
(II) ensure that any such records and logs
that may be copied, transmitted electronically,
or otherwise removed from the employer's
control for purposes of this clause omit any
element of personal identifying information
sufficient to allow identification of any
patient, resident, client, or other individual
alleged to have committed a violent incident
(including the individual's name, address,
electronic mail address, telephone number, or
social security number, or other information
that, alone or in combination with other
publicly available information, reveals such
individual's identity).
(B) Violent incident log description.--Each violent
incident log shall--
(i) be maintained by a covered employer for
each covered facility controlled by the
employer and for each covered service being
performed by a covered employee on behalf of
such employer;
(ii) be based on a template developed by
the Secretary not later than 1 year after the
date of enactment of this Act;
(iii) include, at a minimum, a description
of--
(I) the violent incident (including
environmental risk factors present at
the time of the incident);
(II) the date, time, and location
of the incident, and the names and job
titles of involved employees;
(III) the nature and extent of
injuries to covered employees;
(IV) a classification of the
perpetrator who committed the violence,
including whether the perpetrator was--
(aa) a patient, client,
resident, or customer of a
covered employer;
(bb) a family member or
friend of a patient, client,
resident, or customer of a
covered employer;
(cc) a stranger;
(dd) a coworker,
supervisor, or manager of a
covered employee;
(ee) a partner, spouse,
parent, or relative of a
covered employee; or
(ff) any other appropriate
classification;
(V) the type of violent incident
(such as type 1 violence, type 2
violence, type 3 violence, or type 4
violence); and
(VI) how the incident was abated;
(iv) not later than 7 days after the
employer learns of such incident, contain a
record of each violent incident, which is
updated to ensure completeness of such record;
(v) be maintained for not less than 5
years; and
(vi) in the case of a violent incident
involving a privacy concern case, protect the
identity of employees in a manner consistent
with section 1904.29(b) of title 29, Code of
Federal Regulations (as such section is in
effect on the date of enactment of this Act).
(C) Annual summary.--
(i) Covered employers.--Each covered
employer shall prepare and submit to the
Secretary an annual summary of each violent
incident log for the preceding calendar year
that shall--
(I) with respect to each covered
facility, and each covered service, for
which such a log has been maintained,
include--
(aa) the total number of
violent incidents;
(bb) the number of
recordable injuries related to
such incidents; and
(cc) the total number of
hours worked by the covered
employees for such preceding
year;
(II) be completed on a form
provided by the Secretary;
(III) be posted for 3 months
beginning February 1 of each year in a
manner consistent with the requirements
of section 1904 of title 29, Code of
Federal Regulations (as such section is
in effect on the date of enactment of
this Act), relating to the posting of
summaries of injury and illness logs;
(IV) be located in a conspicuous
place or places where notices to
employees are customarily posted; and
(V) not be altered, defaced, or
covered by other material.
(ii) Secretary.--Not later than 1 year
after the promulgation of the interim final
standard under section 101(a), the Secretary
shall make available a platform for the
electronic submission of annual summaries
required under this subparagraph.
(5) Annual report.--
(A) Report to secretary.--Not later than February
15 of each year, each covered employer shall report to
the Secretary, on a form provided by the Secretary, the
frequency, quantity, and severity of workplace
violence, and any incident response and post-incident
investigation (including abatement measures) for the
incidents set forth in the annual summary of the
violent incident log described in paragraph (4)(C). The
contents of the report of the Secretary to Congress
shall not disclose any confidential information.
(B) Report to congress.--Not later than 6 months
after February 15 of each year, the Secretary shall
submit to Congress a summary of the reports received
under subparagraph (A).
(6) Annual evaluation.--Each covered employer shall conduct
an annual written evaluation, conducted with the full, active
participation of covered employees and employee
representatives, of--
(A) the implementation and effectiveness of the
Plan, including a review of the violent incident log;
and
(B) compliance with training required by each
standard described in section 101, and specified in the
Plan.
(7) Plan updates.--Each covered employer shall incorporate
changes to the Plan, in a manner consistent with paragraph
(1)(A)(i) and based on findings from the most recent annual
evaluation conducted under paragraph (6), as appropriate.
(8) Anti-retaliation.--
(A) Policy.--Each covered employer shall adopt a
policy prohibiting any person (including an agent of
the employer) from the discrimination or retaliation
described in subparagraph (B).
(B) Prohibition.--No covered employer shall
discriminate or retaliate against any employee for--
(i) reporting a workplace violence
incident, threat, or concern to, or seeking
assistance or intervention with respect to such
incident, threat, or concern from, the
employer, law enforcement, local emergency
services, or a local, State, or Federal
government agency; or
(ii) exercising any other rights under this
paragraph.
(C) Enforcement.--This paragraph shall be enforced
in the same manner and to the same extent as any
standard promulgated under section 6(b) of the
Occupational Safety and Health Act (29 U.S.C. 655(b)).
SEC. 104. RULES OF CONSTRUCTION.
Notwithstanding section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667)--
(1) nothing in this title shall be construed to curtail or
limit authority of the Secretary under any other provision of
the law;
(2) the rights, privileges, or remedies of covered
employees shall be in addition to the rights, privileges, or
remedies provided under any Federal or State law, or any
collective bargaining agreement;
(3) nothing in this Act shall be construed to limit or
prevent health care workers, social service workers, and other
personnel from reporting violent incidents to appropriate law
enforcement; and
(4) nothing in this Act shall be construed to limit or
diminish any protections in relevant Federal, State, or local
law related to--
(A) domestic violence;
(B) stalking;
(C) dating violence; and
(D) sexual assault.
SEC. 105. OTHER DEFINITIONS.
In this title:
(1) Workplace violence.--
(A) In general.--The term ``workplace violence''
means any act of violence or threat of violence,
without regard to intent, that occurs at a covered
facility or while a covered employee performs a covered
service.
(B) Exclusions.--The term ``workplace violence''
does not include lawful acts of self-defense or lawful
acts of defense of others.
(C) Inclusions.--The term ``workplace violence''
includes--
(i) the threat or use of physical force
against a covered employee that results in or
has a high likelihood of resulting in injury,
psychological trauma, or stress, without regard
to whether the covered employee sustains an
injury, psychological trauma, or stress; and
(ii) an incident involving the threat or
use of a firearm or a dangerous weapon,
including the use of common objects as weapons,
without regard to whether the employee sustains
an injury, psychological trauma, or stress.
(2) Type 1 violence.--The term ``type 1 violence''--
(A) means workplace violence directed at a covered
employee at a covered facility or while performing a
covered service by an individual who has no legitimate
business at the covered facility or with respect to
such covered service; and
(B) includes violent acts by any individual who
enters the covered facility or worksite where a covered
service is being performed with the intent to commit a
crime.
(3) Type 2 violence.--The term ``type 2 violence'' means
workplace violence directed at a covered employee by customers,
clients, patients, students, inmates, or any individual for
whom a covered facility provides services or for whom the
employee performs covered services.
(4) Type 3 violence.--The term ``type 3 violence'' means
workplace violence directed at a covered employee by a present
or former employee, supervisor, or manager.
(5) Type 4 violence.--The term ``type 4 violence'' means
workplace violence directed at a covered employee by an
individual who is not an employee, but has or is known to have
had a personal relationship with such employee, or with a
customer, client, patient, student, inmate, or any individual
for whom a covered facility provides services or for whom the
employee performs covered services.
(6) Threat of violence.--The term ``threat of violence''
means a statement or conduct that--
(A) causes an individual to fear for such
individual's safety because there is a reasonable
possibility the individual might be physically injured;
and
(B) serves no legitimate purpose.
(7) Alarm.--The term ``alarm'' means a mechanical,
electrical, or electronic device that does not rely upon an
employee's vocalization in order to alert others.
(8) Dangerous weapon.--The term ``dangerous weapon'' means
an instrument capable of inflicting death or serious bodily
injury, without regard to whether such instrument was designed
for that purpose.
(9) Engineering controls.--
(A) In general.--The term ``engineering controls''
means an aspect of the built space or a device that
removes a hazard from the workplace or creates a
barrier between a covered employee and the hazard.
(B) Inclusions.--For purposes of reducing workplace
violence hazards, the term ``engineering controls''
includes electronic access controls to employee
occupied areas, weapon detectors (installed or
handheld), enclosed workstations with shatter-resistant
glass, deep service counters, separate rooms or areas
for high-risk patients, locks on doors, removing access
to or securing items that could be used as weapons,
furniture affixed to the floor, opaque glass in patient
rooms (which protects privacy, but allows the health
care provider to see where the patient is before
entering the room), closed-circuit television
monitoring and video recording, sight-aids, and
personal alarm devices.
(10) Environmental risk factors.--
(A) In general.--The term ``environmental risk
factors'' means factors in the covered facility or area
in which a covered service is performed that may
contribute to the likelihood or severity of a workplace
violence incident.
(B) Clarification.--Environmental risk factors may
be associated with the specific task being performed or
the work area, such as working in an isolated area,
poor illumination or blocked visibility, and lack of
physical barriers between individuals and persons at
risk of committing workplace violence.
(11) Patient-specific risk factors.--The term ``patient-
specific risk factors'' means factors specific to a patient
that may increase the likelihood or severity of a workplace
violence incident, including--
(A) a patient's treatment and medication status,
and history of violence and use of drugs or alcohol;
and
(B) any conditions or disease processes of the
patient that may cause the patient to experience
confusion or disorientation, be non-responsive to
instruction, behave unpredictably, or engage in
disruptive, threatening, or violent behavior.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) Work practice controls.--
(A) In general.--The term ``work practice
controls'' means procedures and rules that are used to
effectively reduce workplace violence hazards.
(B) Inclusions.--The term ``work practice
controls'' includes--
(i) assigning and placing sufficient
numbers of staff to reduce patient-specific
type 2 violence hazards;
(ii) provision of dedicated and available
safety personnel such as security guards;
(iii) employee training on workplace
violence prevention methods and techniques to
de-escalate and minimize violent behavior; and
(iv) employee training on procedures for
response in the event of a workplace violence
incident and for post-incident response.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO
CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of hospitals that are not otherwise
subject to the Occupational Safety and Health Act of 1970 (or a
State occupational safety and health plan that is approved
under 18(b) of such Act) and skilled nursing facilities that
are not otherwise subject to such Act (or such a State
occupational safety and health plan), to comply with the
Workplace Violence Prevention Standard (as promulgated under
section 101 of the Workplace Violence Prevention for Health
Care and Social Service Workers Act).''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and a
hospital or skilled nursing facility that fails to
comply with the requirement of subsection (a)(1)(Z)
(relating to the Workplace Violence Prevention
Standard)'' after ``Bloodborne Pathogens standard)'';
and
(B) in subparagraph (B)--
(i) by striking ``(a)(1)(U)'' and inserting
``(a)(1)(V)''; and
(ii) by inserting ``(or, in the case of a
failure to comply with the requirement of
subsection (a)(1)(Z), for a violation of the
Workplace Violence Prevention standard referred
to in such subsection by a hospital or skilled
nursing facility, as applicable, that is
subject to the provisions of such Act)'' before
the period at the end.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning on the date that is 1 year after the date of issuance
of the interim final standard on workplace violence prevention required
under section 101.
<all>
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118HR2664 | Transportation Innovation Coordination Act | [
[
"D000617",
"Rep. DelBene, Suzan K. [D-WA-1]",
"sponsor"
],
[
"K000381",
"Rep. Kilmer, Derek [D-WA-6]",
"cosponsor"
],
[
"M001214",
"Rep. Mrvan, Frank J. [D-IN-1]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2664 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2664
To provide for coordination between Federal agencies regarding the
decarbonization, development, certification, and deployment of
aircraft, vessels, and medium and heavy duty transportation vehicles,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. DelBene introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Energy and Commerce, and Science, Space, and Technology,
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 for coordination between Federal agencies regarding the
decarbonization, development, certification, and deployment of
aircraft, vessels, and medium and heavy duty transportation vehicles,
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 ``Transportation Innovation
Coordination Act''.
SEC. 2. ADDITIONAL DUTIES OF THE JOINT OFFICE OF ENERGY AND
TRANSPORTATION.
In paragraph (2) in the matter under the heading ``Department of
Transportation-Federal Highway Administration'' in title VIII of
division J of the Infrastructure Innovation and Jobs Act (Public Law
117-58) is amended--
(1) in the twenty-sixth proviso by striking ``and (9)'' and
inserting ``(9) developing technical assistance and best
practices for the deployment of EV charging and hydrogen
fueling in community based locations that support local EV use,
including parks, multi-family housing, employment centers,
community centers, shopping centers, and parking lots; (10) in
conjunction with Federal agencies with jurisdiction over
broadband policy including the Department of Commerce, National
Telecommunications and Information Administration, and Federal
Communications Commission, developing technical assistance and
best practices for reducing the cost and accelerating the
deployment of broadband infrastructure by minimizing the number
and scale of repeated excavations for the installation and
maintenance of broadband conduit or broadband infrastructure in
rights-of-way where transportation projects are planned or
underway; and (11)'';
(2) in the thirty-third proviso by striking the semicolon
and inserting a colon; and
(3) by adding at the end the following: ``Provided further,
that the Joint Office shall, in addition to the other duties
listed in this paragraph, study, plan, coordinate, and
implement issues of joint concern between the two agencies with
respect to aircraft and airport decarbonization including at a
minimum: (1) research and technical assistance related to the
development, certification, operation, and maintenance of
sustainable aircraft, including electric propulsion aircraft,
medium and heavy duty transportation vehicles, and relevant
equipment, including cargo handling equipment, buses, and ride-
share vehicles, refueling and charging infrastructure,
alternative sustainable low-carbon fuels including sustainable
aviation fuels, biofuels, clean hydrogen, methanol and ammonia,
and associated technologies critical to their deployment; (2)
data sharing with respect to the installation, maintenance, and
utilization of charging and refueling infrastructure at
airports; (3) development and deployment of workforce training
programs related to the development, construction, and
maintenance of aircraft, port equipment, and charging and
refueling infrastructure; (4) transition from leaded fuel usage
by commmercial and general aviation; and (5) any other issues
that the Secretary of Transportation and the Secretary identify
as issues of joint interest: Provided further, that the Joint
Office shall coordinate with Department of Transportation and
Department of Energy offices with jurisdiction over aviation
decarbonization, including the Department of Transportation
Federal Aviation Administration, and the Department of Energy's
Bioenergy Technology Office, Hydrogen and Fuel Cell
Technologies Office, and Vehicle Technologies Office, as well
as with other Federal agencies with jurisdiction including the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the Department of Defense, including the
Air Force and Space Force, and the Department of Agriculture,
to streamline and coordinate efforts to reduce aerospace
emissions: Provided further, that the Joint Office shall, in
addition to the other duties listed in this paragraph, study,
plan, coordinate, and implement issues of joint concern between
the two agencies with respect to low or zero emissions vessels
and ports, including at a minimum: (1) research and technical
assistance related to the development, certification,
operation, and maintenance of low or zero emission vessels,
medium and heavy duty transportation vehicles, and relevant
port equipment, refueling and charging infrastructure, power
supply and distribution infrastructure, alternative sustainable
low-carbon fuels and fueling infrastructure including biofuels,
clean hydrogen, methanol and ammonia, and associated
technologies critical to their deployment; (2) data sharing
with respect to the installation, operation, maintenance, and
utilization of charging and refueling infrastructure at ports
and freight facilities; (3) development and deployment of
workforce training programs related to the development,
construction, and maintenance of vessels, equipment, and
charging and refueling infrastructure; (4) the development and
establishment of green maritime corridors, including for
shipping and cruises; and (5) any other issues that the
Secretary of Transportation and the Secretary identify as
issues of joint interest: Provided further, that the Joint
Office shall coordinate with Department of Transportation and
Department of Energy offices with jurisdiction over maritime
transportation decarbonization, including the Department of
Transportation Federal Maritime Administration, and the
Department of Energy's Bioenergy Technology Office, Office of
Electricity, Grid Deployment Office, Hydrogen and Fuel Cell
Technologies Office, Water Power Technologies Office, and
Vehicle Technologies Office, as well as with other federal
agencies with jurisdiction including the Department of State,
the Environmental Protection Agency, the Department of Defense,
including the Navy, and the Coast Guard to streamline and
coordinate efforts to reduce maritime emissions: Provided
further, (1) The Office, in conjunction with the Department of
State and the aforementioned agencies, shall provide a report
to Congress identifying barriers to decarbonization of maritime
vessels, including fueling availability and cost differential,
technology research and development needs, vehicle
availability, international cooperation, and other barriers not
later than 180 days after enactment: (2) The Office, in
conjunction with the aforementioned agencies, shall provide a
report to Congress with an analysis of economic and financial
measures required to address barriers and increase zero
emissions technology, infrastructure and clean fuels
development, deployment, adoption and end use: Provided
further, that the Joint Office shall coordinate with Department
of Transportation and Department of Energy offices with
jurisdiction over medium and heavy duty transportation
decarbonization, including the Department of Transportation
Federal Highways Administration, National Highway Traffic
Safety Administration, and Federal Motor Carrier Safety
Administration, and the Department of Energy's Bioenergy
Technology Office, Hydrogen and Fuel Cell Technologies Office,
and Vehicle Technologies Office, as well as other federal
agencies with jurisdiction over medium and heavy duty
transportation decarbonization, including the Environmental
Protection Agency and Department of Homeland Security, to
streamline and coordinate efforts to reduce emissions for
freight transportation.
``(A) The Office shall provide a report to Congress
identifying barriers to decarbonization of medium and
heavy duty road transportation, including charging and
fueling availability, technology research and
development needs, vehicle availability, battery and
component cost and supply constraints, potential
regulatory impediments such as vehicle weight allowance
and treatment of near-zero emissions technologies, and
other barriers not later than 180 days after enactment.
``(B) The Joint Office shall develop technical
assistance, and support research to support the
decarbonization of medium and heavy duty trucks and
other freight transportation equipment and operations.
The Joint Office shall support research, planning, and
funding for charging and fueling infrastructure that
supports medium and heavy duty vehicle electrification
including high-powered charging depots, hydrogen
fueling infrastructure, grid reliability solutions,
smart charge management, and distributed energy
resources, including integration with on-site energy
storage and renewable energy generation.
``(C) The Joint Office shall identify and support
the development and deployment of alternative
sustainable low-carbon fuels including biofuels, clean
hydrogen, methanol, and ammonia, and associated
powertrain technologies, including batteries, fuel
cells, and hydrogen internal combustion engines.
Provided further, That the Joint Office of Energy and Transportation
shall identify and prioritize technical assistance, research, workforce
development, and funding opportunities for industry education and
outreach programs to support the decarbonization of commercial motor
vehicles and fleets transitioning to electric vehicles. (A) The Joint
Office shall identify opportunities to support the wide scale adoption
of zero- and near-zero emission vehicles in fleets, including
identifying tools, resources, and funding to help fleet owners and
operators transition to ZEV. (B) The Joint Office shall coordinate with
stakeholders, including administrators of State grant programs, truck
and engine manufacturers, trucking fleets, State trucking associations,
electric ride hail providers, electric carshare operators, Clean Cities
coalitions, Tribal nations, and PUCs, to identify opportunities to
advance electrification and decarbonization of medium and heavy duty
vehicles: Provided further, that the Joint Office of Energy and
Transportation shall develop pathways, and provide recommendations to
Congress as necessary, to ensure availability of low or zero emissions
vehicles, vessels, and equipment critical to decarbonizing the
transportation sector that are compliant with federal requirements for
domestic sourcing: Provided further, that there are authorized to be
appropriated for each of fiscal years 2024 through 2032 such sums as
are necessary to carry out this section.''.
<all>
</pre></body></html>
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118HR2665 | Supporting Safety Net Hospitals Act | [
[
"C001067",
"Rep. Clarke, Yvette D. [D-NY-9]",
"sponsor"
],
[
"C001120",
"Rep. Crenshaw, Dan [R-TX-2]",
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2665 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2665
To amend title XIX of the Social Security Act to delay certain
disproportionate share hospital payment reductions under the Medicaid
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Clarke of New York (for herself, Mr. Crenshaw, Ms. DeGette, and Mr.
Burgess) 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 delay certain
disproportionate share hospital payment reductions under the Medicaid
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 ``Supporting Safety Net Hospitals
Act''.
SEC. 2. DELAYING CERTAIN DISPROPORTIONATE SHARE HOSPITAL PAYMENT
REDUCTIONS UNDER THE MEDICAID PROGRAM.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.1396r-
4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``2024'' and inserting ``2026''; and
(2) in clause (ii), by striking ``2024'' and inserting
``2026''.
<all>
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118HR2666 | MVP Act | [
[
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"Rep. Guthrie, Brett [R-KY-2]",
"sponsor"
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[
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[
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[
"M0012... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2666 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2666
To amend title XIX of the Social Security Act to codify value-based
purchasing arrangements under the Medicaid program and reforms related
to price reporting under such arrangements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Guthrie (for himself, Ms. Eshoo, Mr. Joyce of Pennsylvania, Mr.
Auchincloss, Mrs. Miller-Meeks, and Mr. Peters) 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 XIX of the Social Security Act to codify value-based
purchasing arrangements under the Medicaid program and reforms related
to price reporting under such arrangements, 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 ``Medicaid VBPs for Patients Act'' or
the ``MVP Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Value-based payment (VBP) arrangements are a critical
component of a modernized reimbursement system. By codifying
elements of the recently finalized ``multiple best price''
policies of the Centers for Medicare & Medicaid Services,
Congress is enshrining a sustainable and flexible payment
approach for innovative treatments and cures.
(2) Many of these treatments, including gene therapies, are
different from traditional pharmaceutical and biologic products
in that they can offer long-lasting--sometimes lifelong--
benefits for patients and long-term value for the health care
system alike.
(3) There are hundreds of innovative, curative, and life-
changing treatments currently in development in the United
States. However, the current reimbursement structure was not
designed with these therapies in mind, and allowing for
innovative payment arrangements will spur greater development
and access to future cures and treatments.
(4) Medicaid is currently losing out on innovative ways to
ensure patients have access to these treatments, while private
payors continue to see the value provided through flexible
payment arrangements.
(5) VBP arrangements include the ability to pay based on
evidence-based outcomes and, over time, spreading the risk
across all entities involved in the contract and ensuring that
these often costly treatments are accessible.
(6) Evidence-based outcomes can demonstrate decreased cost
to the health system and to patients, including reduced
hospitalizations and lower utilization of other health care
expenditures, including lab work, other medications, and office
visits.
(7) By allowing VBPs in Medicaid, the health care system
will continue to move towards quality over quantity, holding
manufacturers and providers accountable for the best treatment
for every patient.
SEC. 3. CODIFYING VALUE-BASED PURCHASING ARRANGEMENTS UNDER MEDICAID
AND REFORMS RELATED TO PRICE REPORTING UNDER SUCH
ARRANGEMENTS.
(a) Codifying the VBP Rule.--The revision to section 447.505(a) of
title 42, Code of Federal Regulations, related to the inclusion of
varying best price points available under a value-based purchasing
arrangement (as defined in section 1927(k)(12) of the Social Security
Act (42 U.S.C. 1396r-8(k)(12), as added by subsection (d) of this
section) for a single dosage form and strength of a covered outpatient
drug if a manufacturer offers such pricing structure to all States,
shall have the force and effect of law.
(b) Quarterly Reporting Obligation.--
(1) In general.--Section 1927(b)(3)(A) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended--
(A) in clause (iv), by striking at the end ``and'';
(B) in clause (v), by striking at the end the
period and inserting ``; and'';
(C) by inserting after clause (v) the following new
clause:
``(vi) in conjunction with reporting
required under clause (i), in the case of a
covered outpatient drug that is sold under a
value-based purchasing arrangement (as defined
in subsection (k)(12)) made available by the
manufacturer to a State plan--
``(I) the pricing structure for
such drug based on pre-defined outcomes
or measures specified in such value-
based purchasing arrangement; and
``(II) the best price for such
covered outpatient drug outside of a
value-based purchasing arrangement,
which in the event such drug is sold
exclusively through such an
arrangement, means the lowest price
available net of any discounts or
offsets that are unrelated to a refund,
rebate, reimbursement, free item,
withholding, or repayment made under a
value-based purchasing arrangement for
such drug.''; and
(D) by adding at the end of the flush left matter
at the end the following new sentence: ``Information
reported with respect to a rebate period under clause
(i)(I) relating to average manufacturer price and
clause (i)(II) relating to best price shall be updated
for such rebate period if, subsequent to the date such
information was reported, cumulative discounts,
rebates, or other arrangements adjust such average
price actually realized or best price available to the
extent that such cumulative discounts, rebates, or
other arrangements are not excluded under this section
from the determination of average manufacturer price or
best price.''
(2) Rules of construction.--Nothing in the amendments made
by paragraph (1) shall be construed as--
(A) requiring--
(i) a State to enter into a value-based
purchasing arrangement with a manufacturer for
a covered outpatient drug; or
(ii) a manufacturer to enter into a value-
based purchasing arrangement with a State for a
covered outpatient drug;
(B) prohibiting a manufacturer from treating a
value-based purchasing arrangement as a bundled sale;
or
(C) precluding the execution of a supplemental
rebate agreement, as provided in section 1927(a)(1) of
the Social Security Act (42 U.S.C. 1396r-8(a)(1)), for
a covered outpatient drug sold under a value-based
purchasing arrangement.
(c) Definition of Average Manufacturer Price.--Section 1927(k)(1)
of the Social Security Act (42 U.S.C. 1396r-8(k)(1)) is amended--
(1) in subparagraph (B)(i)--
(A) in subclause (IV), by striking at the end
``and'';
(B) in subclause (V), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(VI) in accordance with
subsection (b)(3)(A)(vi), with respect
to such covered outpatient drug that is
sold under a value-based purchasing
arrangement (as defined in paragraph
(12)) during the rebate period--
``(aa) a refund, rebate,
reimbursement, or free goods
from the manufacturer or third
party on behalf of the
manufacturer; or
``(bb) the withholding or
reduction of a payment to the
manufacturer or third party on
behalf of the manufacturer;
that is triggered by a patient who
fails to achieve outcomes or measures
defined under the terms of such value-
based purchasing arrangement during the
period for which such agreement is
effective.''; and
(2) by adding at the end the following new subparagraph:
``(D) Special rule for certain value-based
purchasing arrangements.--For purposes of subparagraph
(A), in determining the average price paid to the
manufacturer for a covered outpatient drug that is sold
under a value-based purchasing arrangement (as defined
in paragraph (12)) that provides that payment for such
drug is made in installments over the course of such
agreement, such price shall be determined as if the
aggregate price per the terms of the agreement was paid
in full in the first installment during the rebate
period.''.
(d) Definition of Value-Based Purchasing Arrangement.--Section
1927(k) of the Social Security Act (42 U.S.C. 1396r-8(k)) shall be
amended by adding at the end the following paragraph:
``(12) Value-based purchasing arrangement.--The term
`value-based purchasing arrangement' means an arrangement or
agreement intended to align pricing or payments to an observed
or expected therapeutic or clinical value in a select
population and includes--
``(A) evidence-based measures, which substantially
link the cost of a covered outpatient drug to existing
evidence of effectiveness and potential value for
specific uses of that product; or
``(B) outcomes-based measures, which substantially
link payment for the covered outpatient drug to that of
the drug's actual performance in patient or a
population, or a reduction in other medical
expenses.''.
SEC. 4. CALCULATION OF AVERAGE SALES PRICE UNDER MEDICARE.
Section 1847A(c)(2) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Sales subject to a value-based purchasing
arrangement.--Sales of a drug made under a value-based
purchasing arrangement (as defined in section
1927(k)(12)), but only if the manufacturer of such drug
has elected to report multiple best prices under
section 1927(c) with respect to such drug in accordance
with the revision described in section 3(a) of the MVP
Act.''.
SEC. 5. VALUE-BASED PURCHASING ARRANGEMENTS FOR INPATIENT DRUGS UNDER
MEDICAID.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended by adding at the end the following new section:
``SEC. 1948. VALUE-BASED PURCHASING ARRANGEMENTS FOR INPATIENT DRUGS.
``(a) In General.--Notwithstanding section 1902(a)(1) (relating to
statewideness), section 1902(a)(10)(b) (relating to comparability), and
any other provision of this title for which the secretary determines it
is necessary to waive in order to implement this section, beginning on
January 1, 2024, the Secretary shall establish a program under which
States may provide under their State plans under this title (including
such a plan operating under a statewide waiver under section 1115)
medical assistance for drugs furnished to individuals in an inpatient
setting pursuant to a value-based purshasing arrangement (as defined in
section 1927(k)(12)) with manufacturers of such drugs.
``(b) Application of Certain Outpatient Provisions to Inpatient
Drugs.--
``(1) In general.--Under the program established under
subsection (a), the Secretary shall provide for the application
of the provisions described in paragraph (2) to value-based
purchasing arrangements relating to drugs administered in the
inpatient setting in a manner similar to the manner in which
such provisions would apply if such drugs were administered in
an outpatient setting.
``(2) Provisions described.--The provisions described in
this paragraph are as follows:
``(A) Quarterly price reporting obligation.--
Section 1927(b)(3)(E).
``(B) Definition of best price.--Clauses (i)(VII)
and (ii)(V) of section 1927(c)(1)(C).
``(C) Definition of average manufacturer price.--
Subparagraphs (B)(i)(VI) and (D) of section 1927(k)(1).
``(D) Anti-kickback and physician self-referral
safe harbors.--Section 1128B(b)(3)(L) and section
1877(h)(1)(C)(iv).
``(c) Carve-Out of Drugs.--In the case of a drug that is sold under
a value-based purchasing arrangement, the Secretary shall permit States
to pay for such drug under the terms and conditions of the arrangement
separately from other inpatient items and services furnished to the
individual.
``(d) Multi-State Agreements.--Under the program established under
subsection (a), the Secretary shall permit multiple States to enter
into agreements with one another and with manufacturers which permit
the transfer of funds between the participating states so that
individuals who reside in a State different from the State in which
they receive a drug subject to an value-based purchasing arrangement as
an inpatient may be treated as if they received such drug in the State
in which they reside.
``(e) Construction.--Nothing in this subparagraph shall be
construed as deeming a drug furnished to an inpatient as being subject
to the drug discount program under section 340B of the Public Health
Service Act.''.
SEC. 6. REMUNERATION IN FEDERAL HEALTH CARE PROGRAMS.
Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-
7b(b)(3)) is amended--
(1) in subclause (J)--
(A) by moving the left margin of such subparagraph
2 ems to the left; and
(B) by striking ``and'' after the semicolon at the
end;
(2) in subclause (K)--
(A) by moving the left margin of such subparagraph
2 ems to the left; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(L) any remuneration provided by a manufacturer
or third party on behalf of a manufacturer to a plan
under a value-based purchasing arrangement (as defined
in section 1927(k)(12)) in the case a patient fails to
achieve outcomes or measures defined in such
arrangement following the administration of a covered
outpatient drug (as defined in section 1927(k)(2)).''.
SEC. 7. GAO STUDY AND REPORT ON USE OF VALUE-BASED PURCHASING
ARRANGEMENTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the extent to which value-based purchasing
arrangements (as defined in section 1927(k)(12) of the Social Security
Act (42 U.S.C. 1396r-8(k)(12)) facilitate patient access to covered
outpatient drugs, improve patient outcomes, lower overall health system
costs, and lower costs for patients in Federal health care programs. In
conducting such study, the Comptroller General shall--
(1) study the impact of this Act on--
(A) access to transformative therapies, including
rare disease gene therapies, generally;
(B) mitigating socioeconomic disparities in
accessing covered outpatient drugs sold under value-
based purchasing arrangements through its requirement
that State Medicaid programs have access to the same
value-based purchasing arrangement pricing structure
that are available in the commercial market for such
drugs; and
(C) the Medicaid drug rebate program under section
1927 of the Social Security Act (42 U.S.C. 1396r-8),
the 340B drug pricing program under section 340B of the
Public Health Service Act (42 U.S.C. 256b), and part B
of title XVIII of the Social Security Act (42 U.S.C.
1395j et seq.), including compliance with such
programs; and
(2) using data submitted pursuant to clause (vi) of section
1927(b)(3)(A) of the Social Security Act (42 U.S.C. 1396r-
8(b)(3)(A)), as added by section 3 of this Act, analyze all the
types of value-based purchasing arrangement pricing structures,
which structures are working well (as measured by price and
ease of implementing), and which need improvement.
(b) Report.--Not later than June 30, 2027, the Comptroller General
of the United States shall submit to Congress a report containing the
results of the study conducted under subsection (a).
SEC. 8. SUNSET.
The provisions of, and the amendments made by, this Act shall have
no effect beginning 5 years after the date of the enactment of this
Act. The preceding sentence shall not apply to any value-based
purchasing arrangement in effect as of the date that is 5 years after
such date of enactment.
<all>
</pre></body></html>
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118HR2667 | Fighting Trade Cheats Act of 2023 | [
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"T00047... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2667 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2667
To amend the Tariff Act of 1930 to increase civil penalties for, and
improve enforcement with respect to, customs fraud, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Bost (for himself, Ms. Sewell, Mr. Murphy, Mr. Mrvan, and Ms.
Tenney) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to increase civil penalties for, and
improve enforcement with respect to, customs fraud, 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 ``Fighting Trade Cheats Act of 2023''.
SEC. 2. INCREASE IN CIVIL PENALTIES FOR FRAUDULENT AND GROSSLY
NEGLIGENT VIOLATIONS OF UNITED STATES CUSTOMS LAWS.
Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Presumption.--
``(A) In general.--For purposes of paragraph
(1)(B), if a person purchases merchandise from two or
more affiliated persons after such persons are
determined by U.S. Customs and Border Protection or a
court of competent jurisdiction to have violated
subsection (a) by means of fraud or gross negligence,
there shall be a presumption that the purchaser had
knowledge of such violation with respect to purchases
from the second or subsequent such affiliated person.
``(B) Affiliated person defined.--In subparagraph
(A), the term `affiliated person' has the meaning given
that term in section 771(33).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``A fraudulent violation''
and inserting the following:
``(A) In general.--A fraudulent violation'';
(ii) in subparagraph (A) (as so
designated), by inserting before ``the domestic
value'' the following: ``three times''; and
(iii) by adding at the end the following:
``(B) Additional penalties.--A person--
``(i) that commits a fraudulent violation
of subsection (a) shall be prohibited from
importing merchandise into the United States
during a period of five years beginning on the
date of entry of a final judgment with respect
to such violation; and
``(ii) that is an affiliated person of a
person described in clause (i) shall be
prohibited from importing merchandise into the
United States during the period described in
such clause.
``(C) Affiliated person defined.--In subparagraph
(B)(ii), the term `affiliated person' has the meaning
given that term in section 771(33).''; and
(B) in paragraph (2)--
(i) by striking ``A grossly negligent
violation'' and inserting the following:
``(A) In general.--A grossly negligent violation'';
(ii) by striking ``(A) the lesser of--''
and inserting the following:
``(i) the lesser of--'';
(iii) by striking ``(i) the domestic
value'' and inserting the following:
``(I) three times the domestic
value'';
(iv) by striking ``(ii) four times'' and
inserting the following:
``(II) 10 times'';
(v) by striking ``(B) if the violation''
and inserting the following:
``(ii) if the violation'';
(vi) in clause (ii) of subparagraph (A) (as
so redesignated), by striking ``40 percent of''
and inserting ``three times''; and
(vii) by adding at the end the following:
``(B) Additional penalties.--A person--
``(i) that commits a grossly negligent
violation of subsection (a) shall be prohibited
from importing merchandise into the United
States during a period of two years beginning
on the date of entry of a final judgment with
respect to such violation; and
``(ii) that is an affiliated person of a
person described in clause (i) shall be
prohibited from importing merchandise into the
United States during the period described in
such clause.
``(C) Affiliated person defined.--In subparagraph
(B)(ii), the term `affiliated person' has the meaning
given that term in section 771(33).''.
SEC. 3. PRIVATE ENFORCEMENT ACTION FOR CUSTOMS FRAUD.
The Tariff Act of 1930 is amended by inserting after section 592A
(19 U.S.C. 1592a) the following:
``SEC. 592B. PRIVATE ENFORCEMENT ACTION FOR CUSTOMS FRAUD.
``(a) Civil Action.--An interested party the business, property, or
other financial interest of which is injured by a fraudulent or grossly
negligent violation of section 592(a) may bring a civil action against
any person that causes such injury, or any person that aids or abets
that person in violating section 592(a), in any United States District
Court located in a district in which the interested party has suffered
injury, without regard to the amount in controversy.
``(b) Relief.--Upon proof by an interested party in a civil action
brought under subsection (a) that the business, property, or other
financial interest of the interested party has been injured by a
fraudulent or grossly negligent violation of section 592(a), the
interested party shall--
``(1)(A) recover compensatory damages equal to the amount
of such injury plus an additional penalty equal to three times
the amount of compensatory damages; and
``(B) be granted such equitable relief as may be
appropriate, which may include an injunction against further
importation into the United States of the merchandise imported
into the United States in violation of section 592(a); and
``(2) recover the costs of bringing the civil action,
including reasonable attorney's fees.
``(c) Intervention by the United States.--
``(1) In general.--The court shall permit the United States
to intervene in an civil action brought under subsection (a),
as a matter of right. The United States shall have all the
rights of a party.
``(2) Sharing of information.--Upon a reasonable request by
the United States Government, any interested party that brings
a civil action under subsection (a) shall provide to the United
States Government--
``(A) a copy of the complaint;
``(B) any memoranda of law or briefing filed with a
court in support of the complaint as of the date of the
request; and
``(C) if the United States Government agrees to
reimburse the interested party for all reasonable costs
and expenses associated with responding to the request,
any information obtained by the interested party
through discovery processes in the civil action as of
the date of the request.
``(d) Nullification of Order in National Emergencies.--An order by
a court under this section is subject to nullification by the President
under the authority provided by section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702).
``(e) Interested Party Defined.--
``(1) In general.--In this section, the term `interested
party' means--
``(A) a manufacturer, producer, or wholesaler in
the United States of like merchandise or competing
merchandise;
``(B) a certified union or recognized union or
group of workers that is representative of an industry
engaged in the manufacture, production, or wholesale in
the United States of like merchandise or competing
merchandise; or
``(C) a trade or business association a majority of
the members of which manufacture, produce, or wholesale
like merchandise or competing merchandise in the United
States.
``(2) Competing merchandise.--For purposes of paragraph
(1), the term `competing merchandise' means merchandise that
competes with or is a substitute for merchandise being imported
into the United States in violation of section 592(a).
``(3) Like merchandise.--For purposes of paragraph (1), the
term `like merchandise' means merchandise that is like, or in
the absence of like, most similar in characteristics and uses
with, merchandise being imported into the United States in
violation of section 592(a).''.
SEC. 4. EXCLUSION OF PERSONS THAT HAVE COMMITTED FRAUDULENT OR GROSSLY
NEGLIGENT VIOLATIONS OF UNITED STATES CUSTOMS LAWS FROM
PARTICIPATION IN THE IMPORTER OF RECORD PROGRAM.
Section 114 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4320) is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Exclusion.--
``(1) In general.--The following persons shall be
ineligible to participate in the importer of record program:
``(A) Any person determined by U.S. Customs and
Border Protection or a court of competent jurisdiction
to have committed a fraudulent or grossly negligent
violation of section 592(a) of the Tariff Act of 1930
(19 U.S.C. 1592(a)).
``(B) Any person that is an affiliated person of a
person described in subparagraph (A).
``(2) Revocation.--The Secretary shall revoke the importer
of record number assigned to any person under the importer of
record program if the Secretary subsequently determines that
the person is a person described in subparagraph (A) or (B) of
paragraph (1).
``(3) Affiliated person defined.--
``(A) In general.--For purposes paragraph (1)(B),
the term `affiliated person' has the meaning given that
term in section 771(33) of the Tariff Act of 1930 (19
U.S.C. 1677(33)).
``(B) Deemed affiliated persons.--In order to
prevent commercial fraud, protect the revenue, and help
prevent the use of shell companies by importers that
seek to evade the customs and trade laws of the United
States, a person may be deemed to be an affiliated
person for purposes of paragraph (1)(B) based upon
information declared to U.S. Customs and Border
Protection suggesting a formal or ongoing relationship
between that person and a person described in paragraph
(1)(A), including similarities in imported merchandise
(including article classification upon importation),
common declared exporters and shippers, and historical
import volumes.''.
<all>
</pre></body></html>
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118HR2668 | US Rescue and Aid Individuals of World War II Congressional Gold Medal Act of 2023 | [
[
"C001080",
"Rep. Chu, Judy [D-CA-28]",
"sponsor"
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[
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"cosponsor"
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[
"G000583",
"R... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2668 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2668
To award a Congressional Gold Medal, collectively, to the American
individuals that were active in aiding and rescuing Jews and other
refugees during the period of Nazi Germany's genocidal ``Final
Solution'' policy to murder every Jew in Europe, in recognition of
their contributions, which resulted in tens of thousands of Jews and
others being spared from almost certain death.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Chu (for herself, Mr. Cohen, Mr. Raskin, Ms. Schrier, Mr.
Gottheimer, Ms. Bonamici, Ms. Norton, Mr. McGovern, and Mr. Sherman)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal, collectively, to the American
individuals that were active in aiding and rescuing Jews and other
refugees during the period of Nazi Germany's genocidal ``Final
Solution'' policy to murder every Jew in Europe, in recognition of
their contributions, which resulted in tens of thousands of Jews and
others being spared from almost certain death.
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 ``US Rescue and Aid Individuals of
World War II Congressional Gold Medal Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Between 1933 and 1945, United States rescue and relief
organizations were responsible for saving many thousands of
Jews and other refugees during the Holocaust. American groups
sponsored, financed, and organized numerous rescue and relief
efforts in Nazi-occupied and neutral Europe.
(2) These organizations operated in every country in
Europe. There were hundreds of American citizens involved in
this effort.
(3) The Jewish refugees and others who were saved from
almost certain death immigrated to the United States, Israel,
and other parts of the world.
(4) Refugee agencies worked in the face of opposition to
the resettling of Jewish refugees. In 1939, Congress rejected
proposals to offer asylum to 20,000 Jewish children. In the
same year, the United States refused asylum to Jewish refugees
aboard the S.S. ST. LOUIS, who were forced to return to Europe,
and 254 of whom died in the Holocaust.
(5) In addition, public opinion in America was largely
against aiding refugees, especially through immigration.
(6) The rescue of Jews and other refugees was, in some
cases, extremely dangerous, especially when conducted in Nazi-
occupied territories or in collaborator nations. A number of
rescuers were arrested, imprisoned, and some were killed.
(7) Many of these individuals and agencies aided in the
relief and resettlement of Jewish refugees and others after the
war.
(8) Among the most prominent was the War Refugee Board,
which was responsible for saving the lives of 200,000 Jews and
20,000 non-Jews.
(9) A number of these organizations to be honored are still
in existence and are continuing efforts to help refugees
throughout the world.
(10) The individuals being honored include any individual
who participated in the rescue or relief of Jews or other
refugees who were in danger as a result of the Nazi genocidal
policy against Jews and others in Europe, from 1933 to 1945.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design in commemoration of the American
individuals that were active in aiding and rescuing Jews and other
refugees during the period of Nazi Germany's genocidal ``Final
Solution'' policy to murder every Jew in Europe, in recognition of
their contributions, which resulted in tens of thousands of Jews and
others being spared from almost certain death.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) United States Holocaust Memorial Museum.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
United States Holocaust Memorial Museum, 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 United States Holocaust Memorial Museum should make the
gold medal received under paragraph (1) available for display
elsewhere, particularly at other appropriate locations
associated with commemoration of the Holocaust.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3, 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 sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--The amounts received from the sale of
duplicate bronze medals authorized under section 4 shall be deposited
into the United States Mint Public Enterprise Fund.
<all>
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118HR2669 | Ensuring Work Opportunities in Correctional Facilities Act of 2023 | [
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"Rep. Cleaver, Emanuel [D-MO-5]",
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"cosponso... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2669 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2669
To authorize appropriations for occupational education and training
programs of the Bureau of Prisons, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Cleaver introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize appropriations for occupational education and training
programs of the Bureau of Prisons, 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 ``Ensuring Work Opportunities in
Correctional Facilities Act of 2023''.
SEC. 2. EXPANDED WORK PROGRAMS.
(a) Occupational Education Programs.--
(1) In general.--There are authorized to be appropriated to
the Bureau of Prisons $210,000,000 for fiscal years 2024
through 2029 for occupational education and training programs.
(2) Reports.--Beginning on the date that is 2 years after
the date of enactment of this Act, the Director of the Bureau
of Prisons shall submit to the Attorney General public annual
reports, produced by the Program Review Division of the Bureau
of Prisons, an independent governmental or nongovernmental
agency, or a private auditor, that--
(A) includes a list of the programs that receive
the funds appropriated under paragraph (1); and
(B) analyzes the efficacy of the programs described
in subparagraph (A) in providing incarcerated workers
with valuable job skills, improving their quality of
life, and increasing their job prospects upon release.
(b) Prison Work Pilot Projects.--Section 1761(c)(1) of title 18,
United States Code, is amended by striking ``50'' and inserting
``100''.
(c) Vocational Training Programs.--
(1) Omnibus crime control and safe streets act of 1968.--
The Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.) is amended--
(A) in section 1001(a) (34 U.S.C. 10261(a)), by
striking paragraph (28) and inserting the following:
``(28) There are authorized to be appropriated to carry out
section 3041(a)(4) of part NN $10,000,000 for each of fiscal
years 2024 through 2029.''; and
(B) in section 2976(o) (34 U.S.C. 10631(o)), by
striking paragraph (1) and inserting the following:
``(1) In general.--To carry out this section, there are
authorized to be appropriated $70,000,000 for each of fiscal
years 2024 through 2029.''.
(2) Careers training and demonstration grants.--Section 115
of the Second Chance Act of 2007 (34 U.S.C. 60511) is amended
by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2024 through 2029.''.
<all>
</pre></body></html>
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118HR267 | Ceasing Age-Based Trucking Restrictions Act | [
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"M001199",
"Rep. Mast, Brian J. [R-FL-21]",
"sponsor"
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"P000605",
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[
... | <p><strong></strong><b>Ceasing Age-Based Trucking Restrictions Act </b></p> <p>This bill exempts drivers who transport goods from a port of entry and another place within the same state from age restrictions and other requirements that apply to federal commercial driver's licenses.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 267 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 267
To amend title 49, United States Code, to provide that the
transportation of goods from a port of entry and another place within
the same State as such port does not constitute interstate
transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Mast (for himself, Mr. Perry, Mrs. Hinson, Mrs. Miller-Meeks, Mr.
Moolenaar, Mr. Owens, Mr. McClintock, Mr. Guest, Mr. Feenstra, Mrs.
Lesko, Mr. Steube, Mr. Gimenez, Ms. Tenney, Ms. Hageman, Mr. Valadao,
Mr. Moore of Alabama, Mr. Johnson of Ohio, Mr. Womack, Mrs. Boebert,
and Mr. Finstad) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide that the
transportation of goods from a port of entry and another place within
the same State as such port does not constitute interstate
transportation, 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 ``Ceasing Age-Based Trucking
Restrictions Act''.
SEC. 2. TREATMENT OF TRANSPORTATION OF GOODS FROM A PORT.
(a) In General.--Chapter 313 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 31318. Treatment of transportation of goods from a port
``The transportation of goods from a port of entry and another
place within the same State as part of trade, traffic, or
transportation originating outside such State or the United States by
commercial motor vehicle shall not be considered interstate
transportation for purposes of requirements relating to commercial
driver's licenses under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by adding at the end the following:
``31318. Treatment of transportation of goods from a port.''.
<all>
</pre></body></html>
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118HR2670 | National Defense Authorization Act for Fiscal Year 2024 | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2670
To authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense and for military construction,
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Rogers of Alabama (for himself and Mr. Smith of Washington)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense and for military construction,
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal 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 ``National Defense Authorization Act
for Fiscal Year 2024''.
TITLE I--PROCUREMENT
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
TITLE III--OPERATION AND MAINTENANCE
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
<all>
</pre></body></html>
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118HR2671 | Restoring WIFIA Eligibility Act | [
[
"C001059",
"Rep. Costa, Jim [D-CA-21]",
"sponsor"
],
[
"C001114",
"Rep. Curtis, John R. [R-UT-3]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2671 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2671
To amend the Water Infrastructure Finance and Innovation Act of 2014
with respect to budgetary treatment of certain amounts of financial
assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Costa (for himself and Mr. Curtis) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, 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 Water Infrastructure Finance and Innovation Act of 2014
with respect to budgetary treatment of certain amounts of financial
assistance, 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 WIFIA Eligibility Act''.
SEC. 2. BUDGETARY TREATMENT OF CERTAIN AMOUNTS OF FINANCIAL ASSISTANCE.
Subtitle C of title V of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at
the end the following:
``SEC. 5036. BUDGETARY TREATMENT OF CERTAIN AMOUNTS OF FINANCIAL
ASSISTANCE.
``If the recipient of financial assistance for a project under this
subtitle is an eligible entity other than a Federal entity, agency, or
instrumentality, and the dedicated sources of repayment of that
financial assistance are non-Federal revenue sources, such financial
assistance shall, for purposes of budgetary treatment under the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)--
``(1) be deemed to be non-Federal; and
``(2) be treated as a direct loan or loan guarantee (as
such terms are defined, respectively, in such Act).''.
<all>
</pre></body></html>
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118HR2672 | FEMA Loan Interest Payment Relief Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2672 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2672
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for the authority to reimburse local
governments or electric cooperatives for interest expenses, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Dunn of Florida (for himself, Mr. Graves of Louisiana, and Mr.
Soto) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for the authority to reimburse local
governments or electric cooperatives for interest expenses, 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 ``FEMA Loan Interest Payment Relief
Act''.
SEC. 2. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
(a) In General.--Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by
adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
``(a) In General.--The President, acting through the Administrator
of the Federal Emergency Management Agency, shall provide financial
assistance to a local government or electric cooperative as
reimbursement for qualifying interest.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a
lender if such qualifying loan had an interest rate
equal to the prime rate most recently published on the
Federal Reserve Statistical Release on selected
interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a local government or electric
cooperative; and
``(B) of which not less than 90 percent of the
proceeds are used to fund activities for which such
local government or electric cooperative receives
assistance under this Act after the date on which such
loan is disbursed.''.
(b) Rule of Applicability.--Any qualifying interest (as such term
is defined in section 431 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as added by this Act) incurred by a local
government or electric cooperative in the 7 years preceding the date of
enactment of this Act shall be treated as eligible for financial
assistance for purposes of such section.
<all>
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118HR2673 | American Innovation and R&D Competitiveness Act of 2023 | [
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"A000375... | <p><b>American Innovation and R&D Competitiveness Act of 2023</b></p> <p>This bill eliminates the five-year amortization requirement for research and experimental expenditures, thus allowing continued expensing of such expenditures in the taxable years in which they are incurred.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2673
To amend the Internal Revenue Code of 1986 to restore the deduction for
research and experimental expenditures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Estes (for himself, Mr. Larson of Connecticut, Mr. LaHood, Ms.
DelBene, Mr. Arrington, Mr. Panetta, Mr. Buchanan, Mr. Blumenauer, Mr.
Smith of Nebraska, Mr. Pascrell, Mr. Kelly of Pennsylvania, Mr. Davis
of Illinois, Mr. Schweikert, Ms. Sewell, Mr. Wenstrup, Mr. Kildee, Mr.
Ferguson, Mr. Beyer, Mr. Smucker, Mr. Evans, Mr. Hern, Ms. Bonamici,
Mrs. Miller of West Virginia, Mr. Stanton, Mr. Kustoff, Ms. Davids of
Kansas, Mr. Fitzpatrick, Mr. Veasey, Mr. Moore of Utah, Mr. Neguse, Ms.
Van Duyne, Ms. Slotkin, Mr. Feenstra, Ms. Wexton, Mr. Carey, Mr.
Cuellar, Mr. Barr, Mr. Gottheimer, Mr. Bacon, Ms. Brownley, Mr.
Huizenga, Mr. Morelle, Mr. Johnson of Ohio, Mr. Courtney, Mr. Carter of
Georgia, Mr. Connolly, Mrs. Lesko, Mr. Trone, Mr. Reschenthaler, Ms.
Ross, Mrs. Harshbarger, Mr. Moulton, Mr. Calvert, Mr. Khanna, Mr.
Crawford, Ms. Scholten, Mr. Davidson, Ms. Titus, Mr. Mann, Ms. Stevens,
Mr. Moolenaar, Ms. Kaptur, Mr. Joyce of Pennsylvania, Ms. Sherrill, Mr.
Bost, and Ms. Blunt Rochester) 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 restore the deduction for
research and experimental expenditures.
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 ``American Innovation and R&D
Competitiveness Act of 2023''.
SEC. 2. RESEARCH AND EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 174 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES.
``(a) Treatment as Expenses.--
``(1) In general.--A taxpayer may treat research or
experimental expenditures which are paid or incurred by him
during the taxable year in connection with his trade or
business as expenses which are not chargeable to capital
account. The expenditures so treated shall be allowed as a
deduction.
``(2) When method may be adopted.--
``(A) Without consent.--A taxpayer may, without the
consent of the Secretary, adopt the method provided in
this subsection for his first taxable year for which
expenditures described in paragraph (1) are paid or
incurred.
``(B) With consent.--A taxpayer may, with the
consent of the Secretary, adopt at any time the method
provided in this subsection.
``(3) Scope.--The method adopted under this subsection
shall apply to all expenditures described in paragraph (1). The
method adopted shall be adhered to in computing taxable income
for the taxable year and for all subsequent taxable years
unless, with the approval of the Secretary, a change to a
different method is authorized with respect to part or all of
such expenditures.
``(b) Amortization of Certain Research and Experimental
Expenditures.--
``(1) In general.--At the election of the taxpayer, made in
accordance with regulations prescribed by the Secretary,
research or experimental expenditures which are--
``(A) paid or incurred by the taxpayer in
connection with his trade or business,
``(B) not treated as expenses under subsection (a),
and
``(C) chargeable to capital account but not
chargeable to property of a character which is subject
to the allowance under section 167 (relating to
allowance for depreciation, etc.) or section 611
(relating to allowance for depletion),
may be treated as deferred expenses. In computing taxable
income, such deferred expenses shall be allowed as a deduction
ratably over such period of not less than 60 months as may be
selected by the taxpayer (beginning with the month in which the
taxpayer first realizes benefits from such expenditures). Such
deferred expenses are expenditures properly chargeable to
capital account for purposes of section 1016(a)(1) (relating to
adjustments to basis of property).
``(2) Time for and scope of election.--The election
provided by paragraph (1) may be made for any taxable year, but
only if made not later than the time prescribed by law for
filing the return for such taxable year (including extensions
thereof). The method so elected, and the period selected by the
taxpayer, shall be adhered to in computing taxable income for
the taxable year for which the election is made and for all
subsequent taxable years unless, with the approval of the
Secretary, a change to a different method (or to a different
period) is authorized with respect to part or all of such
expenditures. The election shall not apply to any expenditure
paid or incurred during any taxable year before the taxable
year for which the taxpayer makes the election.
``(c) Land and Other Property.--This section shall not apply to any
expenditure for the acquisition or improvement of land, or for the
acquisition or improvement of property to be used in connection with
the research or experimentation and of a character which is subject to
the allowance under section 167 (relating to allowance for
depreciation, etc.) or section 611 (relating to allowance for
depletion); but for purposes of this section allowances under section
167, and allowances under section 611, shall be considered as
expenditures.
``(d) Exploration Expenditures.--This section shall not apply to
any expenditure paid or incurred for the purpose of ascertaining the
existence, location, extent, or quality of any deposit of ore or other
mineral (including oil and gas).
``(e) Only Reasonable Research Expenditures Eligible.--This section
shall apply to a research or experimental expenditure only to the
extent that the amount thereof is reasonable under the
circumstances.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 174 and inserting the following new item:
``Sec. 174. Research and experimental expenditures''.
(c) Conforming Amendments.--
(1) Section 41(d)(1)(A) of such Code is amended by striking
``specified research or experimental expenditures under section
174'' and inserting ``expenses under section 174''.
(2) Section 280C(c) of such Code is amended to read as
follows:
``(c) Credit for Increasing Research Activities.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified research expenses (as defined in
section 41(b)) or basic research expenses (as defined in
section 41(e)(2)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 41(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 41(a)(1), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified research expenses or basic
research expenses (determined without regard to
paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Election of reduced credit.--
``(A) In general.--In the case of any taxable year
for which an election is made under this paragraph--
``(i) paragraphs (1) and (2) shall not
apply, and
``(ii) the amount of the credit under
section 41(a) shall be the amount determined
under subparagraph (B).
``(B) Amount of reduced credit.--The amount of
credit determined under this subparagraph for any
taxable year shall be the amount equal to the excess
of--
``(i) the amount of credit determined under
section 41(a) without regard to this paragraph,
over
``(ii) the product of--
``(I) the amount described in
clause (i), and
``(II) the rate of tax under
section 11(b).
``(C) Election.--An election under this paragraph
for any taxable year shall be made not later than the
time for filing the return of tax for such year
(including extensions), shall be made on such return,
and shall be made in such manner as the Secretary may
prescribe. Such an election, once made, shall be
irrevocable.
``(4) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
<all>
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118HR2674 | NO FEAR for Whistleblowers Act | [
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"G000578",
"Rep. Gaetz, Matt [R-FL-1]",
"sponsor"
],
[
"B001302",
"Rep. Biggs, Andy [R-AZ-5]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2674 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2674
To amend the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 to prohibit training that includes information
on insider threats, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Gaetz (for himself and Mr. Biggs) introduced the following bill;
which was referred to the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 to prohibit training that includes information
on insider threats, 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 ``NO FEAR for Whistleblowers Act''.
SEC. 2. TRAINING LIMITATION.
Section 202(c) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 is amended by inserting
before the period at the end the following: ``, except that such
training may not be offered at the same time as insider threat training
and may not include information on insider threats''.
<all>
</pre></body></html>
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118HR2675 | Affordable Payment Agreements for Taxpayers Act | [
[
"G000574",
"Rep. Gallego, Ruben [D-AZ-3]",
"sponsor"
]
] | <p><strong>Affordable Payment Agreements for Taxpayers Act</strong></p> <p>This bill revises provisions allowing a waiver of the fee imposed on installment agreements paid by electronic payment through a debit instrument to extend eligibility for such waiver to taxpayers whose adjusted gross income does not exceed 250% of the federal poverty level.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2675 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2675
To amend the Internal Revenue Code of 1986 to waive installment
agreement fees for taxpayers with an income below 250 percent of the
Federal poverty level and taxpayers using direct debit, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Gallego 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 waive installment
agreement fees for taxpayers with an income below 250 percent of the
Federal poverty level and taxpayers using direct debit, 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 ``Affordable Payment Agreements for
Taxpayers Act''.
SEC. 2. WAIVER OF CERTAIN INSTALLMENT AGREEMENT FEES.
(a) In General.--Section 6159(f)(2) is amended to read as follows:
``(2) Waiver of fees.--
``(A) Low income taxpayers.--In the case of any
taxpayer with an adjusted gross income, as determined
for the most recent year for which such information is
available, which does not exceed 250 percent of the
applicable poverty level (as determined by the
Secretary), no fee shall be imposed on an installment
agreement under this section.
``(B) Direct debit.--In the case of any taxpayer
who has agreed to make payments under an installment
agreement by electronic payment through a debit
instrument, no fee shall be imposed on an installment
agreement under this section.''.
(b) Effective Date.--The amendment made by this section shall apply
to agreements entered into on or after the date of the enactment of
this Act.
<all>
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118HR2676 | For the 99.5 Percent Act | [
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"B000574",
"Rep. Blumenauer, Earl [D-OR-3]",
"cospons... | <p><b>For the 99.5 Percent Act</b></p> <p>This bill imposes increased tax rates on decedent estates, gifts, and generation-skipping transfers.</p> <p> Estates with a value of over $1 billion are taxed at a 65% tax rate. The basic exclusion amount is reduced to $3.5 million. </p> <p>The bill increases (1) to $3 million the reduction in valuations of farmland for estate tax purposes and adjusts such increased amount for inflation, and (2) to $2 million the maximum estate tax exclusion for contributions of conservation easements. It also increases to 60% the applicable percentage for such exclusion. </p> <p>The bill requires (1) consistent basis reporting for property acquired by gift and transfers in trust, and (2) executors of estates and donors of gifts required to file a gift tax return to disclose to the Department of the Treasury, and to recipients of any interest in an estate or a gift, information identifying the value of each interest received.</p> <p>The bill sets forth estate valuation rules for certain transfers of nonbusiness assets and limits estate tax discounts for certain individuals with minority interests in a business acquired from a decedent.</p> <p>The bill expands rules for valuing assets in grantor retained annuity trusts to require that (1) the right to receive fixed amounts from an annuity last for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years, and that such fixed amounts not decrease during the first 10 years of the annuity term, and (2) the remainder interest have a value when transferred that is not less than the the greater of 25% of the fair market value of the trust property or $500,000. The bill also sets forth rules for the application of transfer taxes to a grantor trust (a trust in which the grantor retains control over the trust assets and has the right to receive income from the trust). </p> <p> <he> The bill eliminates the generation-skipping transfer tax exemption for transfers to certain persons.</p> <p>The bill modifies the tax exclusion for annual gifts to eliminate the present interest requirement for such exclusion and to impose a new, aggregate per donor limit equal to twice the annual exclusion amount in effect for the taxable year. It also provides for a<em> gross up</em> of taxable gifts in specified calendar years.</p> <p>The bill defines<em> executor</em> for purposes of the Internal Revenue Code. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2676 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2676
To amend the Internal Revenue Code of 1986 to reinstate estate and
generation-skipping taxes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Gomez (for himself, Ms. Norton, Mrs. Watson Coleman, Mr.
Blumenauer, Ms. Pressley, Ms. Stansbury, Ms. Tlaib, Ms. Bush, Ms. Lee
of California, Ms. Schakowsky, Ms. Tokuda, Ms. Chu, Mr. Garcia of
Illinois, Ms. Meng, Ms. Jayapal, Mr. Grijalva, Mr. Espaillat, Mr. Davis
of Illinois, Ms. DeLauro, Mr. Casar, Ms. Barragan, Mr. Pocan, Mr.
Payne, Mr. DeSaulnier, Mr. Takano, Ms. Omar, and Mr. McGovern)
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 reinstate estate and
generation-skipping taxes, 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 ``For the 99.5 Percent Act''.
SEC. 2. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER
TAXES.
(a) Modification of Rates.--Section 2001(c) of the Internal Revenue
Code of 1986 is amended by striking the last 2 rows and inserting the
following:
``Over $750,000 but not over $248,300 plus 39 percent of the
$3,500,000. excess of such amount over
$750,000.
Over $3,500,000 but not over $1,320,800 plus 45 percent of
$10,000,000. the excess of such amount over
$3,500,000.
Over $10,000,000 but not over $4,245,800 plus 50 percent of
$50,000,000. the excess of such amount over
$10,000,000.
Over $50,000,000 but not over $24,245,800 plus 55 percent of
$1,000,000,000. the excess of such amount over
$50,000,000.
Over $1,000,000,000.................. $546,745,800 plus 65 percent of
the excess of such amount over
$1,000,000,000.''.
(b) Exclusion Amount.--
(1) Estate tax.--Paragraph (3) of section 2010(c) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(3) Basic exclusion amount.--For purposes of this
subsection, the basic exclusion amount is $3,500,000.''.
(2) Modification to gift tax exclusion amount.--Paragraph
(1) of section 2505(a) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(1) the applicable credit amount in effect under section
2010(c) for such calendar year (determined as if the basic
exclusion amount in section 2010(c)(2)(A) were $1,000,000),
reduced by''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and generation-skipping transfers
and gifts made, after December 31, 2023.
SEC. 3. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, ETC., REAL
PROPERTY.
(a) In General.--Paragraph (2) of section 2032A(a) of the Internal
Revenue Code of 1986 is amended by striking ``$750,000'' and inserting
``$3,000,000''.
(b) Inflation Adjustment.--Paragraph (3) of section 2032A(a) of
such Code is amended--
(1) by striking ``1998'' and inserting ``2024'',
(2) by striking ``$750,000'' each place it appears and
inserting ``$3,000,000'', and
(3) by striking ``calendar year 1997'' and inserting
``calendar year 2023'' in subparagraph (B).
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2023.
SEC. 4. MODIFICATION OF ESTATE TAX RULES WITH RESPECT TO LAND SUBJECT
TO CONSERVATION EASEMENTS.
(a) Modification of Exclusion Limitation.--Subparagraph (B) of
section 2031(c)(1) of the Internal Revenue Code of 1986 is amended by
striking ``$500,000'' and inserting ``$2,000,000''.
(b) Modification of Applicable Percentage.--Paragraph (2) of
section 2031(c) of the Internal Revenue Code of 1986 is amended by
striking ``40 percent'' and inserting ``60 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2023.
SEC. 5. CLARIFICATION REGARDING DISALLOWANCE OF STEP-UP IN BASIS FOR
PROPERTY HELD IN CERTAIN GRANTOR TRUSTS.
(a) In General.--Section 1014 of the Internal Revenue Code of 1986
is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following:
``(f) Property Held in Certain Grantor Trusts.--This section shall
not apply to property--
``(1) held in a trust of which the transferor is considered
the owner under subpart E of part I of subchapter J, and
``(2) if, after the transfer of such property to the trust,
such property is not includible in the gross estate of the
transferor for purposes of chapter 11.''.
(b) Conforming Amendment.--Section 6662(k) of the Internal Revenue
Code of 1986 is amended by striking ``1014(f)'' and inserting
``1014(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.
(d) No Inference.--No inference may be drawn from the amendments
made by this section with respect to the application of section 1014 of
the Internal Revenue Code of 1986 to property described in subsection
(f) of such section (as added by subsection (a)) which was transferred
on or before the date of enactment of this Act.
SEC. 6. LIMITATION ON DISCOUNTS; VALUATION RULES FOR CERTAIN TRANSFERS
OF NONBUSINESS ASSETS.
(a) In General.--Chapter 14 of subtitle B of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2705. LIMITATION ON DISCOUNTS; VALUATION RULES FOR CERTAIN
TRANSFERS OF NONBUSINESS ASSETS.
``(a) Limitation on Discount by Reason of Family Control.--
``(1) In general.--For purposes of this subtitle, in the
case of the transfer of any interest in an entity other than an
interest which is actively traded (within the meaning of
section 1092), if the transferor, the transferee, and members
of the family of the transferor and transferee have control of
such entity immediately before such transfer, no discount shall
be allowed--
``(A) by reason of the fact that the transferor or
transferee does not have control of such entity,
``(B) by reason of the lack of marketability of the
interest, or
``(C) for any other reason.
``(2) Definitions.--In this subsection, the terms `control'
and `member of the family' have the same meanings given such
terms in section 2704(c).
``(3) Attribution.--For purposes of this section, the rule
of section 2701(e)(3) shall apply for purposes of determining
the interests held by any individual.
``(b) Valuation Rules for Certain Transfers of Nonbusiness
Assets.--
``(1) In general.--For purposes of this subtitle, in the
case of the transfer of any interest in an entity other than an
interest which is actively traded (within the meaning of
section 1092)--
``(A) the value of any nonbusiness assets held by
the entity with respect to such interest shall be
determined as if the transferor had transferred such
assets directly to the transferee (and no valuation
discount shall be allowed with respect to such
nonbusiness assets), and
``(B) such nonbusiness assets shall not be taken
into account in determining the value of the interest
in the entity.
``(2) Nonbusiness assets.--For purposes of this
subsection--
``(A) In general.--The term `nonbusiness asset'
means any asset other than an asset which is used in
the active conduct of a trade or business.
``(B) Passive assets treated as nonbusiness
assets.--
``(i) In general.--For purposes of
subparagraph (A), a passive asset shall be
treated as a nonbusiness asset unless--
``(I) the asset is property
described in paragraph (1) or (4) of
section 1221(a) or is a hedge with
respect to such property, or
``(II) the asset is real property
used in the active conduct of 1 or more
real property trades or businesses
(within the meaning of section
469(c)(7)(C)) in which the transferor
materially participates and with
respect to which the transferor meets
the requirements of section
469(c)(7)(B)(ii).
``(ii) Material participation.--For
purposes of clause (i)(II), material
participation shall be determined under the
rules of section 469(h), except that section
469(h)(3) shall be applied without regard to
the limitation to farming activity.
``(C) Working capital treated as used in trade or
business.--Any asset (including a passive asset) which
is held as a part of the reasonably required working
capital needs of a trade or business shall be treated
as used in the active conduct of a trade or business.
``(3) Passive asset.--For purposes of this subsection, the
term `passive asset' means any--
``(A) cash or cash equivalents,
``(B) stock in a corporation or any other equity,
profits, or capital interest in any entity,
``(C) evidence of indebtedness, option, forward or
futures contract, notional principal contract, or
derivative,
``(D) asset described in clause (iii), (iv), or (v)
of section 351(e)(1)(B),
``(E) annuity,
``(F) real property used in 1 or more real property
trades or businesses (as defined in section
469(c)(7)(C)),
``(G) asset (other than a patent, trademark, or
copyright) which produces royalty income,
``(H) commodity,
``(I) collectible (within the meaning of section
408(m)), or
``(J) any other asset specified in regulations
prescribed by the Secretary.
``(4) Look-thru rule.--
``(A) In general.--If a nonbusiness asset of an
entity described in paragraph (1) consists of a 10-
percent interest in any other entity, this subsection
shall be applied by disregarding the 10-percent
interest and by treating the entity as holding directly
its ratable share of the assets of the other entity.
``(B) 10-percent interest.--The term `10-percent
interest' means--
``(i) in the case of an interest in a
corporation, direct ownership of at least 10
percent (by vote or value) of the stock in such
corporation,
``(ii) in the case of an interest in a
partnership, direct ownership of at least 10
percent of the capital or profits interest in
the partnership, and
``(iii) in any other case, direct ownership
of at least 10 percent of the beneficial
interests in the entity.''.
(b) Conforming Amendments.--
(1) Section 2031(b) of the Internal Revenue Code of 1986 is
amended by inserting ``(after application of section 2705(b))''
after ``shall be determined''.
(2) The table of sections of chapter 14 of subtitle B of
such Code is amended by adding at the end the following:
``Sec. 2705. Limitation on discounts; valuation rules for certain
transfers of nonbusiness assets.''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.
SEC. 7. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED
ANNUITY TRUSTS.
(a) In General.--Subsection (b) of section 2702 of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs (as so redesignated) 2 ems to the right;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'';
(3) by striking ``paragraph (1) or (2)'' in paragraph
(1)(C) (as so redesignated) and inserting ``subparagraph (A) or
(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Additional requirements with respect to grantor
retained annuities.--For purposes of subsection (a), in the
case of an interest described in paragraph (1)(A) (determined
without regard to this paragraph) which is retained by the
transferor, such interest shall be treated as described in such
paragraph only if--
``(A) the right to receive the fixed amounts
referred to in such paragraph is for a term of not less
than 10 years and not more than the life expectancy of
the annuitant plus 10 years,
``(B) such fixed amounts, when determined on an
annual basis, do not decrease during the term described
in subparagraph (A), and
``(C) the remainder interest has a value, as
determined as of the time of the transfer, which is--
``(i) not less than an amount equal to the
greater of--
``(I) 25 percent of the fair market
value of the property in the trust, or
``(II) $500,000, and
``(ii) not greater than the fair market
value of the property in the trust.''.
(b) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
SEC. 8. CERTAIN TRANSFER TAX RULES APPLICABLE TO GRANTOR TRUSTS.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 16--SPECIAL RULES FOR GRANTOR TRUSTS
``Sec. 2901. Application of transfer taxes.
``SEC. 2901. APPLICATION OF TRANSFER TAXES.
``(a) In General.--In the case of any portion of a trust to which
this section applies--
``(1) the value of the gross estate of the deceased deemed
owner of such portion shall include all assets attributable to
that portion at the time of the death of such owner,
``(2) any distribution from such portion to one or more
beneficiaries during the life of the deemed owner of such
portion shall be treated as a transfer by gift for purposes of
chapter 12, and
``(3) if at any time during the life of the deemed owner of
such portion, such owner ceases to be treated as the owner of
such portion under subpart E of part 1 of subchapter J of
chapter 1, all assets attributable to such portion at such time
shall be treated for purposes of chapter 12 as a transfer by
gift made by the deemed owner.
``(b) Portion of Trust to Which Section Applies.--This section
shall apply to--
``(1) the portion of a trust with respect to which the
grantor is the deemed owner, and
``(2) the portion of the trust to which a person who is not
the grantor is a deemed owner by reason of the rules of subpart
E of part 1 of subchapter J of chapter 1, and such deemed owner
engages in a sale, exchange, or comparable transaction with the
trust that is disregarded for purposes of subtitle A.
For purposes of paragraph (2), the portion of the trust described with
respect to a transaction is the portion of the trust attributable to
the property received by the trust in such transaction, including all
retained income therefrom, appreciation thereon, and reinvestments
thereof, net of the amount of consideration received by the deemed
owner in such transaction.
``(c) Exceptions.--This section shall not apply to any trust that
is includible in the gross estate of the deemed owner (without regard
to subsection (a)(1)).
``(d) Deemed Owner Defined.--For purposes of this section, the term
`deemed owner' means any person who is treated as the owner of a
portion of a trust under subpart E of part 1 of subchapter J of chapter
1.
``(e) Reduction for Taxable Gifts to Trust Made by Owner.--The
amount to which subsection (a) applies shall be reduced by the value of
any transfer by gift by the deemed owner to the trust previously taken
into account by the deemed owner under chapter 12.
``(f) Liability for Payment of Tax.--Any tax imposed pursuant to
subsection (a) shall be a liability of the trust.''.
(b) Clerical Amendment.--The table of chapters for subtitle B of
such Code is amended by adding at the end the following new item:
``Chapter 16. Special Rules for Grantor Trusts''.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) to trusts created on or after the date of the enactment
of this Act,
(2) to any portion of a trust established before the date
of the enactment of this Act which is attributable to a
contribution made on or after such date, and
(3) to any portion of a trust established before the date
of the enactment of this Act to which section 2901(a) of the
Internal Revenue Code of 1986 (as added by subsection (a))
applies by reason of a transaction described in section
2901(b)(2) of such Code on or after such date.
SEC. 9. ELIMINATION OF GENERATION-SKIPPING TRANSFER TAX EXEMPTION FOR
TRANSFERS TO CERTAIN PERSONS.
(a) In General.--Section 2642 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Elimination of GST Exemption for Transfers to Certain
Persons.--
``(1) In general.--
``(A) Transfer to non-exempt person.--In the case
of any direct skip or taxable distribution made to any
person who is not an exempt person, the inclusion ratio
shall be 1.
``(B) Taxable termination.--In the case of any
taxable termination which occurs at any time
immediately after no exempt person is a beneficiary of
the trust, the inclusion ratio shall be 1.
``(C) Exempt person.--
``(i) In general.--For purposes of this
subsection, the term `exempt person' means--
``(I) a natural person--
``(aa) who is assigned to a
generation which is 2 or fewer
generations below the
generation assignment of the
transferor, or
``(bb) whose date of birth
precedes the date on which the
trust was created, or
``(II) a trust in which all
interests are held by persons described
in subclause (I).
``(ii) Exception.--For purposes of clause
(i)(II), any interest which is used primarily
to postpone or avoid the application of this
subsection shall be disregarded.
``(2) Date of creation.--
``(A) In general.--For purposes of determining the
date on which a trust was created under paragraph
(1)(C)(i)(I)(bb), if the trust was created before
January 1, 2024, such trust shall be deemed to have
been created on January 1, 2024.
``(B) Date of creation of pour-over trusts.--
``(i) In general.--In the case of any
generation-skipping transfer of property which
involves the transfer of property from one
trust to another trust, the date of the
creation of the transferee trust shall be
treated as being the earlier of--
``(I) the date of the creation of
such transferee trust, or
``(II) the date of the creation of
the transferor trust.
``(ii) Multiple transfers.--In the case of
multiple transfers to which clause (i)
applies--
``(I) the date of the creation of
the transferor trust shall be
determined under such clause, and
``(II) subsequent to the
determination described in subclause
(I), the date of the creation of the
transferee trust shall be determined
under such clause.
``(3) Generation assignment.--For purposes of this
subsection, the provisions of section 2653(a) shall not apply.
``(4) Regulations.--The Secretary may prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out this subsection.''.
(b) Repeal.--Section 1433(b)(2) of the Tax Reform Act of 1986
(Public Law 99-514) is repealed.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Repeal.--The amendment made by subsection (b) shall
apply to generation-skipping transfers (within the meaning of
section 2611 of the Internal Revenue Code of 1986) made after
the date of enactment of this Act.
SEC. 10. SIMPLIFYING GIFT TAX EXCLUSION FOR ANNUAL GIFTS.
(a) In General.--Paragraph (1) of section 2503(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) In general.--
``(A) Limit per donee.--In the case of gifts made
to any person by the donor during the calendar year,
the first $10,000 of such gifts to such person shall
not, for purposes of subsection (a), be included in the
total amount of gifts made during such year.
``(B) Cumulative limit per donor.--
``(i) In general.--The aggregate amount
excluded under subparagraph (A) with respect to
all transfers described in clause (ii) made by
the donor during the calendar year shall not
exceed twice the dollar amount in effect under
such subparagraph for such calendar year.
``(ii) Transfers subject to limitation.--
The transfers described in this clause are--
``(I) a transfer in trust,
``(II) a transfer of an interest in
a passthrough entity,
``(III) a transfer of an interest
subject to a prohibition on sale, and
``(IV) any other transfer of
property that, without regard to
withdrawal, put, or other such rights
in the donee, cannot immediately be
liquidated by the donee.''.
(b) Conforming Amendment.--Section 2503 of the Internal Revenue
Code of 1986 is amended by striking subsection (c).
(c) Regulations.--The Secretary of the Treasury, or the Secretary
of the Treasury's delegate, may prescribe such regulations or other
guidance as may be necessary or appropriate to carry out the amendments
made by this section.
(d) Effective Date.--The amendments made by this section shall
apply to any calendar year beginning after the date of the enactment of
this Act.
SEC. 11. GROSS UP FOR TAXABLE GIFTS.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986,
as amended by section 10, is amended--
(1) in subsection (a), by striking ``The term'' and
inserting ``Subject to subsection (c), the term'', and
(2) by inserting after subsection (b) the following:
``(c) Gross Up.--An amount equal to the taxes paid by an individual
under section 2501 for any calendar year on the transfer of property by
gift during such calendar year shall be treated for purposes of this
subtitle as a taxable gift made during such calendar year.''.
(b) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of enactment of this
Act.
SEC. 12. DEFINITION OF EXECUTOR.
(a) Establishment of General Definition of Executor for Internal
Revenue Code of 1986.--
(1) Subchapter C of chapter 11 of subtitle B of the
Internal Revenue Code of 1986 is amended by striking section
2203.
(2) Section 7701(a) of such Code is amended by adding at
the end the following:
``(51) Executor.--
``(A) In general.--The term `executor' means--
``(i) the executor or administrator of the
decedent, or
``(ii) if there is no executor or
administrator appointed, qualified, and acting
within the United States, any person in actual
or constructive possession of any property of
the decedent.
``(B) Authority.--For purposes of this title, an
executor shall be authorized to act on behalf of the
decedent, including with respect to any liability or
obligation incurred under this title which preceded the
death of the decedent.
``(C) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to determine the executor of a decedent in
the case where 2 or more persons satisfy the applicable
requirements under subparagraph (A) with respect to the
decedent.''.
(b) Conforming Amendments.--
(1) Section 2652 of the Internal Revenue Code of 1986 is
amended by striking subsection (d).
(2) Section 6036 of such Code is amended by striking ``(as
defined in section 2203)''.
(3) The table of sections for subchapter C of chapter 11 of
subtitle B of such Code is amended by striking the item
relating to section 2203.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
<all>
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118HR2677 | HOPE Act of 2023 | [
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"Rep. Joyce, David P. [R-OH-14]",
"sponsor"
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"Rep. Ocasio-Cortez, Alexandria [D-NY-14]",
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"cosponsor"... | <p><strong></strong><b>Harnessing Opportunities by Pursuing Expungement Act of 2023 or the HOPE Act of 2023 </b></p> <p>This bill authorizes the Department of Justice (DOJ) to make grants to states and local governments to reduce the financial and administrative burden of expunging convictions for state cannabis offenses. </p> <p>The bill also requires DOJ to study and report on (1) the effects on an individual of a criminal record report of a conviction for a criminal offense related to cannabis, and (2) the costs incurred for incarcerating an individual for a criminal offense related to cannabis.<br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2677 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2677
To authorize the Attorney General to make grants to States and units of
local government to reduce the financial and administrative burden of
expunging convictions for cannabis offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Joyce of Ohio (for himself and Ms. Ocasio-Cortez) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Attorney General to make grants to States and units of
local government to reduce the financial and administrative burden of
expunging convictions for cannabis offenses, 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 ``Harnessing Opportunities by Pursuing
Expungement Act of 2023'' or the ``HOPE Act of 2023''.
SEC. 2. STATE EXPUNGEMENT OPPORTUNITY GRANT PROGRAM.
(a) Name of Program.--The grant program established under this
section shall be known as the ``State Expungement Opportunity Grant
Program''.
(b) Authorization.--The Attorney General is authorized to make
grants to States and units of local government to reduce the financial
and administrative burden of expunging convictions for cannabis
offenses that are available to individuals who have been convicted of
such offenses under the laws of the State.
(c) Application.--The chief executive of a State or unit of local
government seeking a grant under this section shall submit to the
Attorney General an application at such time, in such manner, and
containing such information as the Attorney General may reasonably
require.
(d) Use of Funds.--Grants under this section shall be used--
(1) for technology to provide cost-effective legal relief
at scale;
(2) to automate the process of expunging convictions for
cannabis offenses;
(3) for clinics, including legal clinics, that assist
individuals through the expungement process;
(4) to implement the notice requirement described in
subsection (e);
(5) to seal records of conviction for cannabis offenses, if
appropriate; and
(6) for other innovative partnerships to provide wide-scale
relief to individuals who are eligible for the expungement of a
conviction for a cannabis offense under the laws of the State.
(e) Notice Requirement.--A jurisdiction that receives a grant under
this section shall--
(1) publish on a publicly accessible website information
about the availability and process of expunging convictions for
cannabis offenses, including information for individuals living
in a different jurisdiction who were convicted of a cannabis
offense in that jurisdiction;
(2) implement a process to notify each individual convicted
of a cannabis offense when--
(A) the expungement process has begun; and
(B) when the expungement is complete, which shall,
if applicable, include an official certificate of
expungement (including any other similar document used
by the jurisdiction).
(f) Report.--A jurisdiction that receives a grant under this
section shall submit to the Attorney General a report describing the
uses of such funds, and how many convictions for cannabis offenses have
been expunged using such funds.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out this section for each of fiscal
years 2024 through 2033.
SEC. 3. STUDY ON THE IMPACT OF CRIMINAL OFFENSES RELATED TO CANNABIS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Attorney General shall conduct a study and
submit to Congress and make publicly available on the website of the
Department of Justice a report on--
(1) the effects of the appearance on an individual's
criminal record report of a conviction for a criminal offense
related to cannabis, including--
(A) disqualifying him or her from future
opportunities in housing and employment;
(B) increasing the likelihood that the individual
will have future involvement with the criminal justice
system;
(C) how any such effects differ based on
demographics, including race; and
(D) any other matters determined appropriate by the
Attorney General; and
(2) the costs incurred by States for incarcerating an
individual convicted for a criminal offense related to
cannabis.
(b) Clarification.--The report under subsection (a) may not include
any personally identifiable information.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``cannabis'' means either marijuana or
cannabis as defined under the State law authorizing the sale or
use of cannabis in which the individual or entity is located.
(2) The term ``cannabis offense'' means a criminal offense
related to cannabis that, under State law, is no longer an
offense or that was designated a lesser offense or for which
the penalty was reduced under State law pursuant to or
following the adoption of a State law authorizing the sale or
use of cannabis.
<all>
</pre></body></html>
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118HR2678 | Ending Trading and Holdings in Congressional Stocks (ETHICS) Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2678 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2678
To amend chapter 131 of title 5, United States Code, to prevent Members
of Congress and their spouses and dependent children from trading
stocks and owning stocks, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Krishnamoorthi (for himself, Mr. Cloud, Ms. Ocasio-Cortez, and Mr.
Neguse) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Oversight and Accountability, and the Judiciary, 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 chapter 131 of title 5, United States Code, to prevent Members
of Congress and their spouses and dependent children from trading
stocks and owning stocks, 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 ``Ending Trading and Holdings in
Congressional Stocks (ETHICS) Act''.
SEC. 2. PLACEMENT OF CERTAIN ASSETS OF MEMBERS OF CONGRESS AND THEIR
SPOUSES AND DEPENDENT CHILDREN IN QUALIFIED BLIND TRUSTS.
(a) In General.--Chapter 131 of title 5, United States Code, is
amended by adding at the end the following:
``Subchapter IV--Certain Assets of Members of Congress and Their
Spouses and Dependent Children
``Sec. 13161. Definitions
``In this title:
``(1) Commodity.--The term `commodity' has the meaning
given the term in section 1a of the Commodity Exchange Act (7
U.S.C. 1a).
``(2) Covered investment.--
``(A) In general.--The term `covered investment'
means--
``(i) an investment in--
``(I) a security;
``(II) a commodity; or
``(III) a future;
``(ii) any economic interest comparable to
an interest described in clause (i) that is
acquired through synthetic means, such as the
use of a derivative, including an option,
warrant, or other, similar means; or
``(iii) any interest described in clause
(i) or (ii) that is held directly, or in which
an individual has an indirect, beneficial, or
economic interest, through--
``(I) an investment fund or holding
company;
``(II) a trust (other than a
qualified blind trust);
``(III) an employee benefit plan;
or
``(IV) a deferred compensation
plan, including a carried interest or
other agreement tied to the performance
of an investment, other than a fixed
cash payment.
``(B) Exclusions.--The term `covered investment'
does not include--
``(i) a diversified mutual fund (including
any holdings of such a fund);
``(ii) a diversified exchange-traded fund
(including any holdings of such a fund);
``(iii) a United States Treasury bill,
note, or bond;
``(iv) compensation from the primary
occupation of the spouse of a Member of
Congress, or any security that is issued or
paid by an operating business that is the
primary employer of such a spouse that is
issued or paid to such a spouse;
``(v) holding and acquiring any security
that is issued or paid as compensation from
corporate board service by the spouse of a
Member of Congress, including the dividend
reinvestment in the same security received from
the corporate board service by the spouse of a
Member of Congress;
``(vi) any covered investment that is
traded by the spouse of a Member of Congress in
the course of performing the primary occupation
of such a spouse, provided the investment is
not owned by a covered person;
``(vii) any investment fund held in a
Federal, State, or local government employee
retirement plan;
``(viii) a tax-free State or municipal
bond;
``(ix) an interest in a small business
concern, if the supervising ethics office
determines that the small business concern does
not present a conflict of interest, and, in the
case of an investment in a family farm or ranch
that qualifies as an interest in a small
business concern, a future or commodity
directly related to the farming activities and
products of the farm or ranch;
``(x) holding investment-grade corporate
bonds, provided that the corporate bonds are
held by an individual who is a covered person
on the date of enactment of the Ending Trading
and Holdings in Congressional Stocks (ETHICS)
Act;
``(xi) any share of Settlement Common Stock
issued under section 7(g)(1)(A) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1606(g)(1)(A)); or
``(xii) any share of Settlement Common
Stock, as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(3) Covered person.--The term `covered person' means--
``(A) a Member of Congress; and
``(B) a spouse or dependent child of a Member of
Congress.
``(4) Custody.--The term `custody' has the meaning given
the term in section 275.206(4)-2(d) of title 17, Code of
Federal Regulations (as in effect on the date of enactment of
the Ending Trading and Holdings in Congressional Stocks
(ETHICS) Act or a successor regulation).
``(5) Dependent child.--The term `dependent child' means,
with respect to any Member of Congress any individual who is--
``(A) under the age of 19; and
``(B) a dependent of the Member of Congress within
the meaning of section 152 of the Internal Revenue Code
of 1986.
``(6) Diversified.--The term `diversified', with respect to
a fund, trust, or plan, means that the fund, trust, or plan
does not have a stated policy of concentrating its investments
in any industry, business, or single country other than the
United States.
``(7) Future.--The term `future' means--
``(A) a security future (as defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a))); and
``(B) any other contract for the sale of a
commodity for future delivery.
``(8) Illiquid investment.--The term `illiquid investment'
means an interest in a private fund, as defined in section
202(a)(29) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2).
``(9) Initial property.--The term `initial property' means
an asset or financial interest transferred to a qualified blind
trust by, or on behalf of, an interested party or a relative of
an interested party, regardless of whether the asset or
financial interest is transferred to the qualified blind trust
on or after the date of establishment of the qualified blind
trust.
``(10) Interested party.--The term `interested party' has
the meaning given the term in section 102(f)(3)(E).
``(11) Member of congress; supervising ethics office.--The
terms `Member of Congress' and `supervising ethics office' have
the meaning given those terms in section 13101.
``(12) Qualified blind trust.--The term `qualified blind
trust' means a qualified blind trust (as defined in section
13104(f)(3)) that has been approved in writing by the
applicable supervising ethics office under section
13104(f)(3)(D).
``(13) Security.--The term `security' has the meaning given
the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(14) Small business concern.--The term `small business
concern' has the meaning given the term under section 3 of the
Small Business Act (15 U.S.C. 632).
``Sec. 13162. Trading covered investments
``(a) Ban on Trading.--Except as provided in subsections (b) and
(c)--
``(1) effective on the date of enactment of the Ending
Trading and Holdings in Congressional Stocks (ETHICS) Act, a
Member of Congress shall not purchase any covered investment;
``(2) effective on the date that is 90 days after the date
of enactment of the Ending Trading and Holdings in
Congressional Stocks (ETHICS) Act, a Member shall of Congress
not sell any covered investment, except as provided in section
203(a)(2); and
``(3) on and after the effective date described in section
203(k), a covered person that is a spouse or dependent child of
a Member of Congress shall not purchase any covered investment
or sell any covered investment, except as provided in section
203(a)(2).
``(b) Optional Divestment Window.--Notwithstanding subsection (a)--
``(1) a Member of Congress who is sworn as a Member of
Congress on or before the date of enactment of the Ending
Trading and Holdings in Congressional Stocks (ETHICS) Act may
sell a covered investment within 90 days of the date of
enactment of such Act, provided that the Member of Congress may
not sell any covered investment at any time outside of that
period while the Member of Congress serves the term for which
the Member of Congress was elected or is reelected or appointed
as a Member of Congress except as provided in section
203(a)(2); and
``(2) a Member of Congress who is sworn as a Member of
Congress after the date of enactment of the Ending Trading and
Holdings in Congressional Stocks (ETHICS) Act may sell a
covered investment within 90 days of commencing the term of
service as a Member of Congress, provided that the Member of
Congress may not sell any covered investment at any time
outside of that period while the Member of Congress serves the
term for which the Member of Congress was elected or is
reelected or appointed as a Member of Congress except as
provided in section 203(a)(2).
``(c) Exception.--Notwithstanding subsection (a), a covered person
may divest a covered investment as directed by the relevant supervising
ethics office pursuant to this Act.
``(d) Joint Covered Investment.--Any covered investment reported to
the supervising ethics office as jointly owned by a Member of Congress
and the spouse of the Member of Congress shall be deemed to be a
covered investment of the Member of Congress for purposes of this
section.
``Sec. 13163. Addressing owned covered investments
``(a) Members of Congress.--
``(1) Certification.--Not later than 60 days after the
applicable effective date described in subsection (j), a Member
of Congress shall submit to the supervising ethics office a
certification, which the supervising ethics office shall
publish online that certifies that--
``(A) each covered investment owned by, or in the
custody of, the Member of Congress, or a spouse or
dependent child of the Member of Congress, will, by the
applicable deadline under paragraph (2), be--
``(i) divested, as described in paragraph
(2)(B); or
``(ii) placed in a qualified blind trust,
including through the establishment of a
qualified blind trust for that purpose, if
necessary, as described in paragraph (2)(A);
and
``(B) no spouse or dependent child of the Member of
Congress owns, or has custody of, covered investments
with a cumulative amount equal to more than $10,000, in
accordance with paragraph (6).
``(2) Divestiture or placement in qualified blind trust.--
``(A) Requirement.--Subject to paragraphs (3) and
(6) and subsection (b)(2), not later than 120 days
after the applicable effective date described in
subsection (j), a Member of Congress shall divest, or
place in a qualified blind trust (including by
establishing a qualified blind trust for that purpose,
if necessary), each covered investment owned or in the
custody of--
``(i) the Member of Congress; or
``(ii) a spouse or dependent child of the
Member of Congress.
``(B) Divestiture.--A covered person shall divest
any covered investment owned by or in the custody of
the covered person that is not placed in a qualified
blind trust not later than the date described in
subparagraph (A), subject to any extension granted
under paragraph (3).
``(C) Qualified blind trusts.--
``(i) Mandatory sale of initial property in
qualified blind trust.--
``(I) In general.--Subject to
clause (ii), if a covered person
places, or has placed before the
applicable effective date described in
subsection (j), 1 or more covered
investments in a qualified blind trust,
the trustee of the qualified blind
trust shall divest any such covered
investment not later than the date
specified in subclause (II).
``(II) Deadline.--The date
specified in this subclause is--
``(aa) with respect to a
covered investment placed in a
qualified blind trust before
the applicable effective date
described in subsection (j),
120 days after such applicable
effective date; and
``(bb) with respect to a
covered investment placed in a
qualified blind trust on or
after the applicable effective
date described in subsection
(j), 120 days after the date of
creation of the qualified blind
trust, as dated by the executed
qualified blind trust
agreement.
``(III) Notice of compliance.--
``(aa) In general.--Subject
to item (bb), upon completion
of the divestiture of all
initial property pursuant to
subclause (I)--
``(AA) the trustee
of a qualified blind
trust shall submit to
the supervising ethics
office and each
beneficiary of the
trust a written notice
stating that all
initial property of the
qualified blind trust
has been divested; and
``(BB) the
supervising ethics
office shall publish
the notice described in
subitem (AA) on the
website of the
supervising ethics
office.
``(bb) Contents.--Each
notice described in item
(aa)(AA)--
``(AA) shall only
identify the initial
property generally by
referring to the
complete list of assets
described in section
102(f)(5)(A)(ii) of the
Ethics in Government
Act (5 U.S.C. App.);
and
``(BB) may not
contain any other
information relating to
any holding of the
qualified blind trust
or the timing of any
divestiture.
``(ii) Extension of mandatory sale of
initial property.--
``(I) Request.--A covered person
may apply to the supervising ethics
office for an extension of the period
described in clause (i)(I) if the size
or complexity of the covered
investments in the qualified blind
trust warrant such extension.
``(II) Duration.--An extension
granted under subclause (I) shall not
exceed 90 days.
``(D) Illiquid investments.--
``(i) Sale.--Not later than 90 days after
the date on which a covered person is
contractually permitted to sell an illiquid
investment, the covered person shall divest the
illiquid investment.
``(ii) Prohibition.--A covered person may
not place an illiquid investment in any
qualified blind trust under subparagraph (A).
``(E) Trustees.--A trustee of a qualified blind
trust--
``(i) shall be required to be a financial
institution, as defined in section 1a of the
Commodity Exchange Act (7 U.S.C. 1a); and
``(ii) except for a financial institution,
may not be--
``(I) an attorney;
``(II) a certified public
accountant;
``(III) a broker, as defined in
section 3(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)); or
``(IV) an investment advisor.
``(3) Extension of assets being placed in qualified blind
trusts.--If a covered person is unable to place a covered
investment in a qualified blind trust by the date described in
paragraph (2)(A), the applicable Member of Congress may
request, and the supervising ethics office may grant, 1 or more
reasonable extensions, subject to the conditions that--
``(A) the total period of time covered by all
extensions granted for the covered investment shall not
exceed 150 days; and
``(B) the period covered by a single extension
shall be not longer than 45 days.
``(4) Communications regarding existing qualified blind
trusts.--
``(A) In general.--Any direct or indirect
communication relating to a qualified blind trust in
existence on the applicable effective date described in
subsection (j) between a trustee of the qualified blind
trust and an interested party shall be permissible for
purposes of this title if the communication--
``(i)(I) is made--
``(aa) in writing; and
``(bb) not later than 60 days after
that effective date;
``(II) is filed with the applicable
supervising ethics office by the person
initiating the communication not less than 5
days before the date of the communication;
``(III) relates to a direction or request
to the trustee--
``(aa) to sell all initial property
placed in the qualified blind trust by
any interested party; or
``(bb) to convert all of an asset
in the qualified blind trust into an
investment other than a covered
investment; and
``(ii) is otherwise permitted under section
102(f)(3)(C)(vi).
``(5) Communications between covered persons and trustees
relating to all qualified blind trusts.--
``(A) Notification.--A trustee of a qualified blind
trust shall not notify a covered person if--
``(i) the value of the initial property of
the qualified blind trust is less than $1,000;
or
``(ii) the trustee divests any property of
the qualified blind trust, other than the
initial property required to be divested
pursuant to paragraph (2).
``(B) Communication.--
``(i) In general.--Any communication
between a covered person and the trustee of the
relevant qualified blind trust--
``(I) shall be in writing; and
``(II) submitted and approved in
advance of the communication by the
supervising ethics office.
``(ii) Prohibition.--A communication
described in clause (i) may not include any
information relating to the manner in which
funds of the qualified blind trust are
invested, including any information relating
to--
``(I) any company in which the
funds are invested; or
``(II) any sector in which the
funds are invested.
``(6) Exception for dependents.--A covered person who is a
dependent child of a Member of Congress may have a legal
guardian hold or trade on behalf of the dependent child 1 or
more covered investments provided that the value of the covered
investments in total does not exceed $10,000.
``(b) Acquisitions During Service.--
``(1) In general.--Subject to paragraph (2), and any
applicable rules issued pursuant to subsection (h)(3),
effective beginning on the date of enactment of the Ending
Trading and Holdings in Congressional Stocks (ETHICS) Act, no
covered person may acquire any covered investment.
``(2) Inheritances.--
``(A) In general.--Subject to subparagraph (B), a
covered person who inherits a covered investment shall
come into compliance as required under subsection (a)
by not later than 120 days after the date on which the
covered investment is inherited.
``(B) Extensions.--If a covered person is unable to
meet the requirements of subparagraph (A), the
applicable Member of Congress may request, and the
supervising ethics office may grant, 1 or more
reasonable extensions, subject to the conditions that--
``(i) the total period of time covered by
all extensions granted for the covered
investment shall not exceed 150 days; and
``(ii) the period covered by a single
extension shall be not longer than 45 days.
``(c) Family Trusts.--
``(1) In general.--A supervising ethics office may grant an
exemption for a family trust only if--
``(A) no covered person--
``(i) is a grantor of the family trust;
``(ii) contributed any asset to the family
trust; or
``(iii) has any authority over a trustee of
the family trust, including the authority to
appoint, replace, or direct the actions of such
a trustee; and
``(B) the grantor of the family trust is or was a
family member of the covered person.
``(2) Requests.--A covered person seeking an exemption
under paragraph (1) shall submit to the applicable supervising
ethics office a request for the exemption, in writing,
certifying that the conditions described in that paragraph are
met.
``(3) Publication.--A supervising ethics office shall
publish on the public website of the supervising ethics
office--
``(A) a copy of each request submitted under
paragraph (2); and
``(B) the written response of the supervising
ethics office to each request described in subparagraph
(A).
``(d) Mingling of Assets.--A spouse or dependent child of a Member
of Congress may place a covered investment in a qualified blind trust
established by the Member of Congress under subsection (a)(1)(A)(ii).
``(e) Separation From Service and Cooling-Off Period Required for
Control.--During the period beginning on the date on which an
individual becomes a Member of Congress and ending on the date that is
90 days after the date on which the individual ceases to serve as a
Member of Congress, the Member of Congress, and any spouse or dependent
child of the Member of Congress, may not--
``(1) dissolve any qualified blind trust in which a covered
investment has been placed pursuant to subsection (a)(2); or
``(2) except as provided in this section, otherwise control
a covered investment, including purchasing new covered
investments.
``(f) Reporting Requirements.--
``(1) Supervising ethics offices.--Each supervising ethics
office shall make available on the public website of the
supervising ethics office--
``(A) a copy of--
``(i) each certification submitted to the
supervising ethics office under subsection
(a)(1);
``(ii) each qualified blind trust agreement
of each covered person;
``(iii) each notice and other documentation
submitted to the supervising ethics office
under this section; and
``(iv) each notice, ruling, and other
documentation issued or received by the
supervising ethics office under subsection (c);
``(B) a schedule of all assets placed in a
qualified blind trust by each covered person and
interested party; and
``(C) a description of each extension granted, and
each civil penalty imposed, pursuant to this section.
``(2) Trustees.--Each trustee of a qualified blind trust
established by a covered person shall submit to the covered
person and the applicable supervising ethics office a written
notice in any case in which the trustee learns that an
interested party has obtained knowledge of any trust property
other than the initial property of the qualified blind trust.
``(3) Member of congress.--Each Member of Congress who is a
beneficiary of a qualified blind trust shall submit to the
applicable supervising ethics office--
``(A) a copy of the executed qualified blind trust
agreement by not later than 30 days after the date of
execution;
``(B) a list of each asset and each financial
interest transferred to the qualified blind trust by an
interested party by not later than 30 days after the
date of the transfer;
``(C) a copy of each notice submitted to the Member
of Congress under paragraph (2) by not later than 30
days after the date of receipt;
``(D) a written notice that an interested party has
obtained knowledge of any holding of the qualified
blind trust by not later than the date that is 30 days
after the date on which the Member of Congress
discovered that the knowledge had been obtained; and
``(E) a written notice of dissolution of the
qualified blind trust by not later than 30 days after
the date of dissolution.
``(4) Federal benefits.--
``(A) Covered payment.--In this paragraph, the term
`covered payment'--
``(i) means a payment of money or any other
item of value made, or promised to be made, by
the Federal Government;
``(ii) includes--
``(I) a loan agreement, contract,
or grant made, or promised to be made,
by the Federal Government, including
such an agreement, contract, or grant
relating to agricultural activity; and
``(II) such other types of payment
of money or items of value as the
supervising ethics office, may
establish, by guidance; and
``(iii) does not include--
``(I) any salary or compensation
for service performed as, or
reimbursement of personal outlay by, an
officer or employee of the Federal
Government; or
``(II) any tax refund (including a
refundable tax credit).
``(B) Reporting requirement.--Not later than 30
days after the date of receipt of a notice of any
application for, or receipt of, a covered payment by a
covered person (including any business owned and
controlled by the covered person), but in no case later
than 45 days after the date on which the covered
payment is made or promised to be made, the covered
person shall submit to the applicable supervising
ethics office a report describing the covered payment.
``(g) Enforcement.--
``(1) Divestiture or placement in qualified blind trust.--
``(A) In general.--The applicable supervising
ethics office shall provide a written notice (including
notice of the potential for civil penalties under
subparagraph (B)) to any Member of Congress if the
Member of Congress, or spouse or dependent child of the
Member of Congress--
``(i) fails to submit a certification under
subsection (a)(1) by the date on which the
certification is required to be submitted;
``(ii) fails to divest or place in a
qualified blind trust a covered investment
owned by, or in the custody of the covered
person, in accordance with subsection (a)(2),
subject to any extension under subsection
(a)(3); or
``(iii) acquires an interest in a covered
investment in violation of this section.
``(B) Civil penalties.--
``(i) In general.--In the event of
continuing noncompliance after issuance of the
notice described in subparagraph (A), the
supervising ethics office shall impose a civil
penalty, in the amount described in clause
(ii), on a Member of Congress to whom a notice
is provided under clause (i) or (ii) of
subparagraph (A)--
``(I) on the date that is 30 days
after the date of provision of the
notice; and
``(II) during the period in which
such noncompliance continues, not less
frequently than once every 30 days
thereafter.
``(ii) Amount.--The amount of each civil
penalty imposed on a Member of Congress
pursuant to clause (i) shall be equal to the
greater of--
``(I) the monthly equivalent of the
annual rate of pay payable to the
Member of Congress; and
``(II) an amount equal to 10
percent of the value of each covered
investment that was not divested or
placed into a qualified blind trust in
violation of this section during the
period covered by the penalty.
``(2) Communications.--The Attorney General of the United
States shall file a civil action seeking to impose a civil
penalty on any covered person or trustee of a qualified blind
trust who violates subsection (a)(4), or otherwise discloses
the contents of a qualified blind trust to any unauthorized
individual, equal to the greater of--
``(A) $10,000 per each communication; or
``(B) 1 percent of the value of the qualified blind
trust on the date of the violation.
``(h) Duties of Supervising Ethics Offices.--Each supervising
ethics office in the legislative branch shall--
``(1) impose and collect civil penalties in accordance with
subsection (g);
``(2) establish such procedures and standard forms as the
supervising ethics office determines to be appropriate to
implement this section;
``(3) issue such rules and guidelines as the supervising
ethics office determines to be appropriate for the
implementation and application of this title; and
``(4) publish on a website all documents and communications
described in this subsection.
``(i) Rule of Construction.--Nothing in this section shall be
construed to prevent a covered person from owning or trading--
``(1) a diversified mutual fund; or
``(2) a publicly traded, diversified exchange traded fund.
``(j) Effective Date.--This section shall apply to each covered
person beginning on the date on which the covered person (or with
respect to a covered person that is a spouse or dependent child of a
Member of Congress, the date on which that Member of Congress)
commences the first new term of service as a Member of Congress on or
after January 31, 2023.''.
(b) Clerical Amendment.--The table of sections for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter iv--certain assets of members of congress and their
spouses and dependent children
``13161. Definitions.
``13162. Trading covered investments.
``13163. Addressing owned covered investments.''.
(c) Technical and Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) in section 13103(f)--
(i) in paragraph (9), by striking ``as
defined in section 13101 of this title'';
(ii) in paragraph (10), by striking ``as
defined in section 13101 of this title'';
(iii) in paragraph (11), by striking ``as
defined in section 13101 of this title''; and
(iv) in paragraph (12), by striking ``as
defined in section 13101 of this title''; and
(B) in section 13122(f)(2)(B)--
(i) by striking ``Subject to clause (iv) of
this subparagraph, before'' each place it
appears and inserting ``Before''; and
(ii) by striking clause (iv).
(2) Lobbying disclosure act of 1995.--Section 3(4)(D) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is
amended by striking ``legislative branch employee serving in a
position described under section 13101(13) of title 5, United
States Code'' and inserting ``officer or employee of Congress
(as defined in section 13101 of title 5, United States Code)''.
(3) Securities exchange act of 1934.--Section 21A of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 13101(11)'' and inserting ``section 13101'';
and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``in
section 13101(9)'' and inserting ``under
section 13101''; and
(ii) in subparagraph (C), by striking
``section 13101(10)'' and inserting ``in
section 13101''.
SEC. 3. PENALTY FOR STOCK ACT NONCOMPLIANCE.
(a) Fines for Failure To Report.--
(1) In general.--The STOCK Act (Public Law 112-105; 126
Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167) is
amended by adding at the end the following:
``SEC. 20. FINES FOR FAILURE TO REPORT.
``(a) In General.--Notwithstanding any other provision of law
(including regulations), a reporting individual shall be assessed a
fine, pursuant to regulations issued by the applicable supervising
ethics office (including the Administrative Office of the United States
Courts, as applicable), of $500 in each case in which the reporting
individual fails to file a transaction report required under this Act
or an amendment made by this Act.
``(b) Deposit in the Treasury.--The fines paid under this section
shall be deposited in the miscellaneous receipts of the Treasury.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date on which the reporting individual
who is a Member of Congress commences the first new term of
service as a Member of Congress on or after January 31, 2023.
(b) Rules, Regulations, Guidance, and Documents.--Not later than 1
year after the date of enactment of this Act, each supervising ethics
office (as defined in section 2 of the STOCK Act (5 U.S.C. App. 101
note)) (including the Administrative Office of the United States
Courts, as applicable) shall amend the rules, regulations, guidance,
documents, papers, and other records of the supervising ethics office
in accordance with the amendment made by this section.
SEC. 4. ELECTRONIC FILING AND ONLINE PUBLIC AVAILABILITY OF FINANCIAL
DISCLOSURE FORMS.
(a) Members of Congress and Congressional Staff.--Section 8(b)(1)
of the STOCK Act (5 U.S.C. App. 105 note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, pursuant to subchapter I of chapter 131 of part IV of title
5, United States Code, through databases maintained on the
official websites of the House of Representatives and the
Senate'' after ``enable''; and
(2) by striking subparagraph (B) and the undesignated
matter following that subparagraph and inserting the following:
``(B) public access--
``(i) to each--
``(I) financial disclosure report
filed by a Member of Congress or a
candidate for Congress;
``(II) transaction disclosure
report filed by a Member of Congress or
a candidate for Congress pursuant to
subsection (l) of that section; and
``(III) notice of extension,
amendment, or blind trust, with respect
to a report described in subclause (I)
or (II), pursuant to subchapter I of
chapter 131 of part IV of title 5,
United States Code; and
``(ii) in a manner that--
``(I) allows the public to search,
sort, and download data contained in
the reports described in subclause (I)
or (II) of clause (i) by criteria
required to be reported, including by
filer name, asset, transaction type,
ticker symbol, notification date,
amount of transaction, and date of
transaction;
``(II) allows access through an
application programming interface; and
``(III) is fully compliant with--
``(aa) section 508 of the
Rehabilitation Act of 1973 (29
U.S.C. 794d); and
``(bb) the most recent Web
Content Accessibility
Guidelines (or successor
guidelines).''.
(b) Effective Date.--The amendments made by this section take
effect on the date that is 18 months after the date of enactment of
this Act.
SEC. 5. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and of the amendments made by this Act, and the application of the
remaining provisions of this Act and amendments to any person or
circumstance, shall not be affected.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 64 (Tuesday, April 18, 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. KRISHNAMOORTHI:\nH.R. 2678.\nCongress has the power to enact this legislation pursuant\nto the following:\nU.S. Constitution Section 1, Article 8\nThe single subject of this legislation is:\nTo amend chapter 131 of title 5, United States Code, to\nprevent Members of Congress and their spouses and dependent\nchildren from trading stocks and owning stocks.\n[Page H1847]\n</pre>",
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118HR2679 | Pharmacy Benefits Manager Accountability Act | [
[
"K000382",
"Rep. Kuster, Ann M. [D-NH-2]",
"sponsor"
],
[
"C001103",
"Rep. Carter, Earl L. \"Buddy\" [R-GA-1]",
"cosponsor"
],
[
"E000215",
"Rep. Eshoo, Anna G. [D-CA-16]",
"cosponsor"
],
[
"G000558",
"Rep. Guthrie, Brett [R-KY-2]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2679 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2679
To amend the Public Health Service Act, the Employee Retirement Income
Security Act, and the Internal Revenue Code of 1984 to increase
oversight of pharmacy benefits manager services, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Kuster (for herself, Mr. Carter of Georgia, Ms. Eshoo, and Mr.
Guthrie) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Education and the Workforce, and 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 Public Health Service Act, the Employee Retirement Income
Security Act, and the Internal Revenue Code of 1984 to increase
oversight of pharmacy benefits manager 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 ``Pharmacy Benefits Manager
Accountability Act''.
SEC. 2. OVERSIGHT OF PHARMACY BENEFITS MANAGER SERVICES.
(a) PHSA.--Title XXVII of the Public Health Service Act (42 U.S.C.
300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. OVERSIGHT OF PHARMACY BENEFITS MANAGER SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan or health insurance issuer offering group
health insurance coverage or an entity or subsidiary providing pharmacy
benefits management services on behalf of such a plan or issuer shall
not enter into a contract with a drug manufacturer, distributor,
wholesaler, subcontractor, rebate aggregator, or any associated third
party that limits the disclosure of information to plan sponsors in
such a manner that prevents the plan or issuer, or an entity or
subsidiary providing pharmacy benefits management services on behalf of
a plan or issuer, from making the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, a health
insurance issuer offering group health insurance coverage or an
entity providing pharmacy benefits management services on
behalf of a group health plan or an issuer providing group
health insurance coverage shall submit to the plan sponsor (as
defined in section 3(16)(B) of the Employee Retirement Income
Security Act of 1974) of such group health plan or health
insurance coverage a report in accordance with this subsection
and make such report available to the plan sponsor in a
machine-readable format. Each such report shall include, with
respect to the applicable group health plan or health insurance
coverage--
``(A) as applicable, information collected from
drug manufacturers by such issuer or entity on the
total amount of copayment assistance dollars paid, or
copayment cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan or coverage;
``(B) a list of each drug covered by such plan,
issuer, or entity providing pharmacy benefits
management services that was dispensed during the
reporting period, including, with respect to each such
drug during the reporting period--
``(i) the brand name, chemical entity, and
National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was filled
during the plan year, the total number of
prescription fills for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the plan year, including
whether the dispensing channel was by retail,
mail order, or specialty pharmacy;
``(iii) the wholesale acquisition cost,
listed as cost per days supply and cost per
pill, or in the case of a drug in another form,
per dose;
``(iv) the total out-of-pocket spending by
participants and beneficiaries on such drug,
including participant and beneficiary spending
through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending
of the group health plan or health insurance
coverage exceeded $10,000 during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic category or class,
including brand name drugs and
biological products and generic drugs
or biosimilar biological products that
are in the same therapeutic category or
class as such drug; and
``(II) the rationale for preferred
formulary placement of such drug in
that therapeutic category or class, if
applicable;
``(C) a list of each therapeutic category or class
of drugs that were dispensed under the health plan or
health insurance coverage during the reporting period,
and, with respect to each such therapeutic category or
class of drugs, during the reporting period--
``(i) total gross spending by the plan,
before manufacturer rebates, fees, or other
manufacturer remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that category or class;
``(iii) if applicable to that category or
class, a description of the formulary tiers and
utilization mechanisms (such as prior
authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or
class under which 3 or more drugs are included
on the formulary of such plan or coverage--
``(I) the amount received, or
expected to be received, from drug
manufacturers in rebates, fees,
alternative discounts, or other
remuneration--
``(aa) that has been paid,
or is to be paid, by drug
manufacturers for claims
incurred during the reporting
period; or
``(bb) that is related to
utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending,
after deducting rebates, price
concessions, alternative discounts or
other remuneration from drug
manufacturers, by the health plan or
health insurance coverage on that
category or class of drugs; and
``(III) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply, incurred
by the health plan or health insurance
coverage and its participants and
beneficiaries, after manufacturer
rebates, fees, and other remuneration
for drugs dispensed within such
therapeutic category or class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan or coverage during the reporting period,
before rebates and other manufacturer fees or
remuneration;
``(E) total amount received, or expected to be
received, by the health plan or health insurance
coverage in drug manufacturer rebates, fees,
alternative discounts, and all other remuneration
received from the manufacturer or any third party,
other than the plan sponsor, related to utilization of
drug or drug spending under that health plan or health
insurance coverage during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan or health insurance coverage during
the reporting period; and
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of remuneration to
brokers, consultants, advisors, or any other individual
or firm who referred the group health plan's or health
insurance issuer's business to the pharmacy benefits
manager.
``(2) Privacy requirements.--Health insurance issuers
offering group health insurance coverage and entities providing
pharmacy benefits management services on behalf of a group
health plan shall provide information under paragraph (1) in a
manner consistent with the privacy, security, and breach
notification regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act of
1996, and shall restrict the use and disclosure of such
information according to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to business associates
of such plan as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents a health
insurance issuer offering group health insurance
coverage or an entity providing pharmacy benefits
management services on behalf of a group health plan
from placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such issuer or
entity may not restrict disclosure of such report to
the Department of Health and Human Services, the
Department of Labor, the Department of the Treasury,
the Comptroller General of the United States, or
applicable State agencies.
``(C) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required of plan sponsors who are
drug manufacturers, drug wholesalers, or other direct
participants in the drug supply chain, in order to
prevent anti-competitive behavior.
``(4) Report to gao.--A health insurance issuer offering
group health insurance coverage or an entity providing pharmacy
benefits management services on behalf of a group health plan
shall submit to the Comptroller General of the United States
each of the first 4 reports submitted to a plan sponsor under
paragraph (1) with respect to such coverage or plan, and other
such reports as requested, in accordance with the privacy
requirements under paragraph (2), the disclosure and
redisclosure standards under paragraph (3), the standards
specified pursuant to paragraph (5), and such other information
that the Comptroller General determines necessary to carry out
the study under section 2(d) of the Pharmacy Benefits Manager
Accountability Act.
``(5) Standard format.--Not later than June 1, 2023, the
Secretary shall specify through rulemaking standards for health
insurance issuers and entities required to submit reports under
paragraph (4) to submit such reports in a standard format.
``(c) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of the Treasury, shall
enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefits
management services that violates subsection (a) or fails to
provide information required under subsection (b) shall be
subject to a civil monetary penalty in the amount of $10,000
for each day during which such violation continues or such
information is not disclosed or reported.
``(3) False information.--A health insurance issuer or
entity providing pharmacy benefits management services that
knowingly provides false information under this section shall
be subject to a civil money penalty in an amount not to exceed
$100,000 for each item of false information. Such civil money
penalty shall be in addition to other penalties as may be
prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsection (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, or
other entity to restrict disclosure to, or otherwise limit the access
of, the Department of Health and Human Services to a report described
in subsection (b)(1) or information related to compliance with
subsection (a) by such issuer, plan, or entity.
``(e) Definition.--In this section, the term `wholesale acquisition
cost' has the meaning given such term in section 1847A(c)(6)(B) of the
Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other
than subsections (a) and (b) of section 2799A-
11)'' after ``part D''; and
(ii) in paragraph (2), by inserting
``(other than subsections (a) and (b) of
section 2799A-11)'' after ``part D''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other
than subsections (a) and (b) of section 2799A-
11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting
``(other than subsections (a) and (b) of
section 2799A-11)'' after ``part D''; and
(iii) in paragraph (2)(C)(ii), by inserting
``(other than subsections (a) and (b) of
section 2799A-11)'' after ``part D''.
(b) ERISA.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et
seq.), by adding at the end the following:
``SEC. 726. OVERSIGHT OF PHARMACY BENEFITS MANAGER SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan (or health insurance issuer offering group
health insurance coverage in connection with such a plan) or an entity
or subsidiary providing pharmacy benefits management services on behalf
of such a plan or issuer shall not enter into a contract with a drug
manufacturer, distributor, wholesaler, subcontractor, rebate
aggregator, or any associated third party that limits the disclosure of
information to plan sponsors in such a manner that prevents the plan or
issuer, or an entity or subsidiary providing pharmacy benefits
management services on behalf of a plan or issuer, from making the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, a health
insurance issuer offering group health insurance coverage or an
entity providing pharmacy benefits management services on
behalf of a group health plan or an issuer providing group
health insurance coverage shall submit to the plan sponsor (as
defined in section 3(16)(B)) of such group health plan or group
health insurance coverage a report in accordance with this
subsection and make such report available to the plan sponsor
in a machine-readable format. Each such report shall include,
with respect to the applicable group health plan or health
insurance coverage--
``(A) as applicable, information collected from
drug manufacturers by such issuer or entity on the
total amount of copayment assistance dollars paid, or
copayment cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan or coverage;
``(B) a list of each drug covered by such plan,
issuer, or entity providing pharmacy benefits
management services that was dispensed during the
reporting period, including, with respect to each such
drug during the reporting period--
``(i) the brand name, chemical entity, and
National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was filled
during the plan year, the total number of
prescription fills for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the plan year, including
whether the dispensing channel was by retail,
mail order, or specialty pharmacy;
``(iii) the wholesale acquisition cost,
listed as cost per days supply and cost per
pill, or in the case of a drug in another form,
per dose;
``(iv) the total out-of-pocket spending by
participants and beneficiaries on such drug,
including participant and beneficiary spending
through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending
of the group health plan or health insurance
coverage exceeded $10,000 during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic category or class,
including brand name drugs and
biological products and generic drugs
or biosimilar biological products that
are in the same therapeutic category or
class as such drug; and
``(II) the rationale for preferred
formulary placement of such drug in
that therapeutic category or class, if
applicable;
``(C) a list of each therapeutic category or class
of drugs that were dispensed under the health plan or
health insurance coverage during the reporting period,
and, with respect to each such therapeutic category or
class of drugs, during the reporting period--
``(i) total gross spending by the plan,
before manufacturer rebates, fees, or other
manufacturer remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that category or class;
``(iii) if applicable to that category or
class, a description of the formulary tiers and
utilization mechanisms (such as prior
authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or
class under which 3 or more drugs are included
on the formulary of such plan or coverage--
``(I) the amount received, or
expected to be received, from drug
manufacturers in rebates, fees,
alternative discounts, or other
remuneration--
``(aa) that has been paid,
or is to be paid, by drug
manufacturers for claims
incurred during the reporting
period; or
``(bb) that is related to
utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending,
after deducting rebates, price
concessions, alternative discounts or
other remuneration from drug
manufacturers, by the health plan or
health insurance coverage on that
category or class of drugs; and
``(III) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply, incurred
by the health plan or health insurance
coverage and its participants and
beneficiaries, after manufacturer
rebates, fees, and other remuneration
for drugs dispensed within such
therapeutic category or class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan or coverage during the reporting period,
before rebates and other manufacturer fees or
remuneration;
``(E) total amount received, or expected to be
received, by the health plan or health insurance
coverage in drug manufacturer rebates, fees,
alternative discounts, and all other remuneration
received from the manufacturer or any third party,
other than the plan sponsor, related to utilization of
drug or drug spending under that health plan or health
insurance coverage during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan or health insurance coverage during
the reporting period; and
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of remuneration to
brokers, consultants, advisors, or any other individual
or firm who referred the group health plan's or health
insurance issuer's business to the pharmacy benefits
manager.
``(2) Privacy requirements.--Health insurance issuers
offering group health insurance coverage and entities providing
pharmacy benefits management services on behalf of a group
health plan shall provide information under paragraph (1) in a
manner consistent with the privacy, security, and breach
notification regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act of
1996, and shall restrict the use and disclosure of such
information according to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to business associates
of such plan as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents a health
insurance issuer offering group health insurance
coverage or an entity providing pharmacy benefits
management services on behalf of a group health plan
from placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such issuer or
entity may not restrict disclosure of such report to
the Department of Health and Human Services, the
Department of Labor, the Department of the Treasury,
the Comptroller General of the United States, or
applicable State agencies.
``(C) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required of plan sponsors who are
drug manufacturers, drug wholesalers, or other direct
participants in the drug supply chain, in order to
prevent anti-competitive behavior.
``(4) Report to gao.--A health insurance issuer offering
group health insurance coverage or an entity providing pharmacy
benefits management services on behalf of a group health plan
shall submit to the Comptroller General of the United States
each of the first 4 reports submitted to a plan sponsor under
paragraph (1) with respect to such coverage or plan, and other
such reports as requested, in accordance with the privacy
requirements under paragraph (2), the disclosure and
redisclosure standards under paragraph (3), the standards
specified pursuant to paragraph (5), and such other information
that the Comptroller General determines necessary to carry out
the study under section 2(d) of the Pharmacy Benefits Manager
Accountability Act.
``(5) Standard format.--Not later than June 1, 2023, the
Secretary shall specify through rulemaking standards for health
insurance issuers and entities required to submit reports under
paragraph (4) to submit such reports in a standard format.
``(c) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, or
other entity to restrict disclosure to, or otherwise limit the access
of, the Department of Labor to a report described in subsection (b)(1)
or information related to compliance with subsection (a) by such
issuer, plan, or entity.
``(d) Definition.--In this section, the term `wholesale acquisition
cost' has the meaning given such term in section 1847A(c)(6)(B) of the
Social Security Act.''; and
(B) in section 502 (29 U.S.C. 1132)--
(i) in subsection (a)--
(I) in paragraph (6), by striking
``or (9)'' and inserting ``(9), or
(13)'';
(II) in paragraph (10), by striking
at the end ``or'';
(III) in paragraph (11), at the end
by striking the period and inserting
``; or''; and
(IV) by adding at the end the
following new paragraph:
``(12) by the Secretary, in consultation with the Secretary
of Health and Human Services, and the Secretary of the
Treasury, to enforce section 726.'';
(ii) in subsection (b)(3), by inserting
``and subsections (a)(12) and (c)(13)'' before
``, the Secretary is not''; and
(iii) in subsection (c), by adding at the
end the following new paragraph:
``(13) Secretarial enforcement authority relating to
oversight of pharmacy benefits manager services.--
``(A) Failure to provide timely information.--The
Secretary, in consultation with the Secretary of Health
and Human Services and the Secretary of the Treasury,
may impose a penalty against any health insurance
issuer or entity providing pharmacy benefits management
services that violates section 726(a) or fails to
provide information required under section 726(b) in
the amount of $10,000 for each day during which such
violation continues or such information is not
disclosed or reported.
``(B) False information.--The Secretary, in
consultation with the Secretary of Health and Human
Services and the Secretary of the Treasury, may impose
a penalty against a health insurance issuer or entity
providing pharmacy benefits management services that
knowingly provides false information under section 726
in an amount not to exceed $100,000 for each item of
false information. Such penalty shall be in addition to
other penalties as may be prescribed by law.
``(C) Waivers.--The Secretary may waive penalties
under subparagraph (A), or extend the period of time
for compliance with a requirement of section 726, for
an entity in violation of such section that has made a
good-faith effort to comply with such section.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Oversight of pharmacy benefits manager services.''.
(c) IRC.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``SEC. 9826. OVERSIGHT OF PHARMACY BENEFITS MANAGER SERVICES.
``(a) In General.--For plan years beginning on or after January 1,
2025, a group health plan or an entity or subsidiary providing pharmacy
benefits management services on behalf of such a plan shall not enter
into a contract with a drug manufacturer, distributor, wholesaler,
subcontractor, rebate aggregator, or any associated third party that
limits the disclosure of information to plan sponsors in such a manner
that prevents the plan, or an entity or subsidiary providing pharmacy
benefits management services on behalf of a plan, from making the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2025, not less frequently than annually, an entity
providing pharmacy benefits management services on behalf of a
group health plan shall submit to the plan sponsor (as defined
in section 3(16)(B) of the Employee Retirement Income Security
Act of 1974) of such group health plan a report in accordance
with this subsection and make such report available to the plan
sponsor in a machine-readable format. Each such report shall
include, with respect to the applicable group health plan--
``(A) as applicable, information collected from
drug manufacturers by such entity on the total amount
of copayment assistance dollars paid, or copayment
cards applied, that were funded by the drug
manufacturer with respect to the participants and
beneficiaries in such plan;
``(B) a list of each drug covered by such plan or
entity providing pharmacy benefits management services
that was dispensed during the reporting period,
including, with respect to each such drug during the
reporting period--
``(i) the brand name, chemical entity, and
National Drug Code;
``(ii) the number of participants and
beneficiaries for whom the drug was filled
during the plan year, the total number of
prescription fills for the drug (including
original prescriptions and refills), and the
total number of dosage units of the drug
dispensed across the plan year, including
whether the dispensing channel was by retail,
mail order, or specialty pharmacy;
``(iii) the wholesale acquisition cost,
listed as cost per days supply and cost per
pill, or in the case of a drug in another form,
per dose;
``(iv) the total out-of-pocket spending by
participants and beneficiaries on such drug,
including participant and beneficiary spending
through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending
of the group health plan exceeded $10,000
during the reporting period--
``(I) a list of all other drugs in
the same therapeutic category or class,
including brand name drugs and
biological products and generic drugs
or biosimilar biological products that
are in the same therapeutic category or
class as such drug; and
``(II) the rationale for preferred
formulary placement of such drug in
that therapeutic category or class, if
applicable;
``(C) a list of each therapeutic category or class
of drugs that were dispensed under the health plan
during the reporting period, and, with respect to each
such therapeutic category or class of drugs, during the
reporting period--
``(i) total gross spending by the plan,
before manufacturer rebates, fees, or other
manufacturer remuneration;
``(ii) the number of participants and
beneficiaries who filled a prescription for a
drug in that category or class;
``(iii) if applicable to that category or
class, a description of the formulary tiers and
utilization mechanisms (such as prior
authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by
participants and beneficiaries, including
participant and beneficiary spending through
copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or
class under which 3 or more drugs are included
on the formulary of such plan--
``(I) the amount received, or
expected to be received, from drug
manufacturers in rebates, fees,
alternative discounts, or other
remuneration--
``(aa) that has been paid,
or is to be paid, by drug
manufacturers for claims
incurred during the reporting
period; or
``(bb) that is related to
utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending,
after deducting rebates, price
concessions, alternative discounts or
other remuneration from drug
manufacturers, by the health plan on
that category or class of drugs; and
``(III) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply, incurred
by the health plan and its participants
and beneficiaries, after manufacturer
rebates, fees, and other remuneration
for drugs dispensed within such
therapeutic category or class during
the reporting period;
``(D) total gross spending on prescription drugs by
the plan during the reporting period, before rebates
and other manufacturer fees or remuneration;
``(E) total amount received, or expected to be
received, by the health plan in drug manufacturer
rebates, fees, alternative discounts, and all other
remuneration received from the manufacturer or any
third party, other than the plan sponsor, related to
utilization of drug or drug spending under that health
plan during the reporting period;
``(F) the total net spending on prescription drugs
by the health plan during the reporting period; and
``(G) amounts paid directly or indirectly in
rebates, fees, or any other type of remuneration to
brokers, consultants, advisors, or any other individual
or firm who referred the group health plan's business
to the pharmacy benefits manager.
``(2) Privacy requirements.--Entities providing pharmacy
benefits management services on behalf of a group health plan
shall provide information under paragraph (1) in a manner
consistent with the privacy, security, and breach notification
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996, and shall
restrict the use and disclosure of such information according
to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to business associates
of such plan as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents an
entity providing pharmacy benefits management services
on behalf of a group health plan from placing
reasonable restrictions on the public disclosure of the
information contained in a report described in
paragraph (1), except that such entity may not restrict
disclosure of such report to the Department of Health
and Human Services, the Department of Labor, the
Department of the Treasury, the Comptroller General of
the United States, or applicable State agencies.
``(C) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required of plan sponsors who are
drug manufacturers, drug wholesalers, or other direct
participants in the drug supply chain, in order to
prevent anti-competitive behavior.
``(4) Report to gao.--An entity providing pharmacy benefits
management services on behalf of a group health plan shall
submit to the Comptroller General of the United States each of
the first 4 reports submitted to a plan sponsor under paragraph
(1) with respect to such plan, and other such reports as
requested, in accordance with the privacy requirements under
paragraph (2), the disclosure and redisclosure standards under
paragraph (3), the standards specified pursuant to paragraph
(5), and such other information that the Comptroller General
determines necessary to carry out the study under section 2(d)
of the Pharmacy Benefits Manager Accountability Act.
``(5) Standard format.--Not later than June 1, 2023, the
Secretary shall specify through rulemaking standards for
entities required to submit reports under paragraph (4) to
submit such reports in a standard format.
``(c) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of Health and Human
Services, shall enforce this section.
``(2) Failure to provide timely information.--An entity
providing pharmacy benefits management services that violates
subsection (a) or fails to provide information required under
subsection (b) shall be subject to a civil monetary penalty in
the amount of $10,000 for each day during which such violation
continues or such information is not disclosed or reported.
``(3) False information.--An entity providing pharmacy
benefits management services that knowingly provides false
information under this section shall be subject to a civil
money penalty in an amount not to exceed $100,000 for each item
of false information. Such civil money penalty shall be in
addition to other penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsection (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a group health plan or other entity to restrict
disclosure to, or otherwise limit the access of, the Department of the
Treasury to a report described in subsection (b)(1) or information
related to compliance with subsection (a) by such plan or entity.
``(e) Definition.--In this section, the term `wholesale acquisition
cost' has the meaning given such term in section 1847A(c)(6)(B) of the
Social Security Act.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9826. Oversight of pharmacy benefits manager services.''.
(d) GAO Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on--
(A) pharmacy networks of group health plans, health
insurance issuers, and entities providing pharmacy
benefits management services under such group health
plan or group or individual health insurance coverage,
including networks that have pharmacies that are under
common ownership (in whole or part) with group health
plans, health insurance issuers, or entities providing
pharmacy benefits management services or pharmacy
benefits administrative services under group health
plan or group or individual health insurance coverage;
(B) as it relates to pharmacy networks that include
pharmacies under common ownership described in
subparagraph (A)--
(i) whether such networks are designed to
encourage enrollees of a plan or coverage to
use such pharmacies over other network
pharmacies for specific services or drugs, and
if so, the reasons the networks give for
encouraging use of such pharmacies; and
(ii) whether such pharmacies are used by
enrollees disproportionately more in the
aggregate or for specific services or drugs
compared to other network pharmacies;
(C) whether group health plans and health insurance
issuers offering group or individual health insurance
coverage have options to elect different network
pricing arrangements in the marketplace with entities
that provide pharmacy benefits management services, the
prevalence of electing such different network pricing
arrangements;
(D) pharmacy network design parameters that
encourage enrollees in the plan or coverage to fill
prescriptions at mail order, specialty, or retail
pharmacies that are wholly or partially-owned by that
issuer or entity; and
(E) the degree to which mail order, specialty, or
retail pharmacies that dispense prescription drugs to
an enrollee in a group health plan or health insurance
coverage that are under common ownership (in whole or
part) with group health plans, health insurance
issuers, or entities providing pharmacy benefits
management services or pharmacy benefits administrative
services under group health plan or group or individual
health insurance coverage receive reimbursement that is
greater than the median price charged to the group
health plan or health insurance issuer when the same
drug is dispensed to enrollees in the plan or coverage
by other pharmacies included in the pharmacy network of
that plan, issuer, or entity that are not wholly or
partially owned by the health insurance issuer or
entity providing pharmacy benefits management services.
(2) Requirement.--The Comptroller General of the United
States shall ensure that the report under paragraph (1) does
not contain information that would allow a reader to identify a
specific plan or entity providing pharmacy benefits management
services or otherwise contain commercial or financial
information that is privileged or confidential.
(3) Definitions.--In this subsection, the terms ``group
health plan'', ``health insurance coverage'', and ``health
insurance issuer'' have the meanings given such terms in
section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
91).
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 64 (Tuesday, April 18, 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. KUSTER:\nH.R. 2679.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle 1, Section 8, Clause 1 of the United States\nConstitution, the Taxing and Spending Clause: ``The Congress\nshall have Power To lay and collect Taxes, Duties, Imposts\nand Excises, to pay the Debts and provide for the common\nDefense and general Welfare of the United States...''\nThe single subject of this legislation is:\nThis bill increases oversight of pharmacy benefits\nmanagers.\n[Page H1847]\n</pre>",
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118HR268 | District of Columbia Legislative Home Rule Act | [
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"sponsor"
],
[
"M000312",
"Rep. McGovern, James P. [D-MA-2]",
"cosponsor"
],
[
"S001150",
"Rep. Schiff, Adam B. [D-CA-30]",
"cosponsor"
]
] | <p><b>District of Columbia Legislative Home Rule Act</b></p> <p> This bill eliminates the authority of Congress to nullify recently enacted laws of the District of Columbia (DC).</p> <p>Current law generally permits Congress to review and disapprove, through a joint resolution, measures enacted by the DC Council. If the President signs the resolution, the measure may not go into effect. The bill eliminates that congressional review process.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 268 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 268
To amend the District of Columbia Home Rule Act to eliminate
Congressional review of newly passed District laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Norton 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 eliminate
Congressional review of newly passed District laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Legislative Home Rule Act''.
(b) References in Act.--Except as may otherwise be provided,
whenever in this Act an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
District of Columbia Home Rule Act.
SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF
COLUMBIA ACTS.
(a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is
amended by striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--Section 604 (sec. 1-206.04, D.C. Official
Code) is repealed.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(c) Conforming Amendments.--
(1) District of columbia home rule act.--(A) Section 303
(sec. 1-203.03, D.C. Official Code) is amended--
(i) in subsection (a), by striking the second
sentence; and
(ii) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(B) Section 404 (sec. 1-204.04, D.C. Official Code) is
amended by striking ``subject to the provisions of section
602(c)'' each place it appears in subsections (e) and (f).
(C) Section 446 (sec. 1-204.46, D.C. Official Code) is
amended--
(i) in subsection (a), by striking the third
sentence; and
(ii) in paragraph (1) of subsection (c), by
striking ``and such act has been transmitted by the
Chairman to the Congress and has completed the review
process under section 602(c)(3)''.
(D) Section 462 (sec. 1-204.62, D.C. Official Code) is
amended--
(i) in subsection (a), by striking ``(a) The
Council'' and inserting ``The Council''; and
(ii) by striking subsections (b) and (c).
(E) Section 472(d)(1) (sec. 1-204.72(d)(1), D.C. Official
Code) is amended by striking ``Notwithstanding section
602(c)(1), any act of the Council'' and inserting ``Any act of
the Council''.
(F) Section 475(e)(1) (sec. 1-204.75(e)(1), D.C. Official
Code) is amended by striking ``Notwithstanding section
602(c)(1), any act of the Council'' and inserting ``Any act of
the Council''.
(2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1
(relating to initiative and referendum) to title IV (the
District Charter) (sec. 1-204.102(b)(1), D.C. Official Code) is
amended by striking ``the appropriate custodian'' and all that
follows through ``portion of such act to''.
(B) Section 5 of Amendment No. 1 (relating to initiative
and referendum) to title IV (the District Charter) (sec. 1-
204.105, D.C. Official Code) is amended by striking ``, and
such act'' and all that follows and inserting a period.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to each
act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; or
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after the first day of the One Hundred Eighteenth Congress.
<all>
</pre></body></html>
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118HR2680 | Holocaust Insurance Accountability Act of 2023 | [
[
"K000392",
"Rep. Kustoff, David [R-TN-8]",
"sponsor"
],
[
"W000797",
"Rep. Wasserman Schultz, Debbie [D-FL-25]",
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2680 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2680
To provide for the restoration of legal rights for claimants under
holocaust-era insurance policies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Kustoff (for himself, Ms. Wasserman Schultz, Mr. Garamendi, and Mr.
Miller of Ohio) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
the Judiciary, 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 for the restoration of legal rights for claimants under
holocaust-era insurance policies.
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 ``Holocaust Insurance Accountability
Act of 2023''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) allow for the enforcement of State laws requiring the
disclosure of information about Holocaust-era insurance
policies, notwithstanding the holding of the Supreme Court of
the United States in American Insurance Association v.
Garamendi, 539 U.S. 396 (2003) that such laws are preempted by
the foreign policy espoused by the executive branch of the
Federal Government addressed in that case;
(2) facilitate the disclosure of information about
Holocaust-era insurance policies under applicable State laws so
that citizens of the United States (and other persons on whose
behalf such laws were enacted) may know whether they hold any
rights under the policies;
(3) create a new Federal private cause of action and
subject matter jurisdiction to allow the beneficiaries of
Holocaust-era insurance policies, many of whom are citizens of
the United States, to bring suits in the courts of the United
States to recover any proceeds under the policies to which they
may be entitled, notwithstanding the defense that such suits
are preempted by the executive branch foreign policy addressed
in Garamendi, with the State law of the forum or Federal common
law providing the rule of decision governing the right of a
beneficiary to recover under such policies;
(4) foreclose defenses to claims brought under section 4 of
this Act arising from any prior judgments or settlement
agreements (including the class action judgment and settlement
agreement (M21-89, United States District Court for the
Southern District of New York) in In re: Assicurazioni General
S.p.A. Holocaust Insurance Litigation) that were entered and
approved based on the erroneous conclusion that State law
claims to recover under Holocaust-era insurance claims are
preempted by the executive branch foreign policy addressed in
Garamendi;
(5) provide for a uniform statute of limitations of 10
years after the date of enactment of this Act in any action to
recover under Holocaust-era insurance policies under this Act
or State law; and
(6) in carrying out the purposes described in paragraphs
(1) through (5), preserve the lawmaking powers of Congress
under article I of the Constitution of the United States, with
which the judicial decisions cited in this section are
inconsistent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beneficiary.--The term ``beneficiary'' includes--
(A) a named insured or named beneficiary under a
covered policy; and
(B) an heir, assignee, or legal representative of a
named insured or named beneficiary described in
subparagraph (A).
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, annuity, property, or other insurance
policy that was--
(A) in effect at any time during the period
beginning on January 31, 1933, and ending on December
31, 1945; and
(B) issued to a policyholder domiciled in--
(i) any area that was occupied or
controlled by Nazi Germany; or
(ii) the territorial jurisdiction of
Switzerland.
(3) Insurer.--The term ``insurer''--
(A) means any person engaged in the business of
insurance (including reinsurance) in interstate or
foreign commerce that issued a covered policy; and
(B) includes any successor in interest to a person
described in subparagraph (A).
(4) Nazi germany.--The term ``Nazi Germany'' means--
(A) the Nazi government of Germany; and
(B) any government that--
(i) had friendly relations with the Nazi
government of Germany;
(ii) was allied with or controlled by the
Nazi government of Germany; or
(iii) exercised or claimed sovereignty over
any area occupied by the military forces of the
Nazi government of Germany.
(5) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).
SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS.
(a) Civil Actions To Recover Under Covered Policies.--This Act
creates a new Federal private cause of action and Federal subject
matter jurisdiction for a beneficiary of a covered policy to bring a
civil action against the insurer for the covered policy or a related
company of the insurer to recover proceeds due under the covered policy
or otherwise to enforce any rights under the covered policy. The rule
of decision governing the right of a beneficiary to recover under a
covered policy shall be the law of the forum State in which the civil
action is filed, or Federal common law, at the option of the
beneficiary.
(b) Nationwide Service of Process.--For a civil action brought
under subsection (a) in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
(c) Remedies.--
(1) Damages.--
(A) In general.--A court shall award to a
prevailing beneficiary in a civil action brought under
subsection (a)--
(i) the amount of the proceeds due under
the covered policy;
(ii) prejudgment interest on the amount
described in clause (i) from the date the
amount was due until the date of judgment,
calculated at a rate of 6 percent per year,
compounded annually; and
(iii) any other appropriate relief
necessary to enforce rights under the covered
policy.
(B) Treble damages.--If a court finds that an
insurer or related company of the insurer acted in bad
faith, the court shall award damages in an amount equal
to 3 times the amount otherwise to be awarded under
subparagraph (A).
(2) Attorney's fees and costs.--A court shall award
reasonable attorney's fees and costs to a prevailing
beneficiary in a civil action brought under subsection (a).
(d) Limitation.--A civil action may not be brought under this
section on or after the date that is 10 years after the date of
enactment of this Act.
SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES.
(a) In General.--
(1) Effect.--Subject to subsection (b)(1), a judgment or
release described in paragraph (2) shall not preclude,
foreclose, bar, release, waive, acquit, discharge, or otherwise
impair any claim brought under section 4 by any person.
(2) Judgments and releases.--A judgment or release
described in this paragraph is--
(A) a judgment entered before the date of enactment
of this Act for any claim arising under a covered
policy in any civil action in a Federal or State court;
or
(B) an agreement entered into before the date of
enactment of this Act under which any person (on behalf
of the person, any other person, or a class of persons)
agrees not to assert or agrees to waive or release any
claim described in subparagraph (A), regardless of
whether the agreement is--
(i) denominated as a release, discharge,
covenant not to sue, or otherwise; or
(ii) approved by a court.
(b) Rules of Construction.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section shall affect the validity or
enforceability of any agreement entered into between any
claimant under a covered policy and the International
Commission on Holocaust Era Insurance Claims or an insurer
under which the claimant has agreed to release or waive any
claim in consideration for payment under a covered policy.
(2) Exception.--Paragraph (1) shall not apply to any
agreement for which the payment is denominated as humanitarian
by the International Commission on Holocaust Era Insurance
Claims.
SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY.
(a) Effect of Executive Agreements and Executive Foreign Policy on
State Laws.--An executive agreement described in subsection (c)(1) and
an executive foreign policy described in subsection (c)(2) shall not
supercede or preempt the law of any State--
(1) relating to a claim under or relating to a covered
policy against the insurer for the covered policy or a related
company of the insurer; or
(2) that requires an insurer doing business in the State or
any related company of the insurer to disclose information
regarding a covered policy issued by the insurer.
(b) Effect of Executive Agreements and Executive Foreign Policy on
Claims Brought Under This Act.--An executive agreement described in
subsection (c)(1) and an executive foreign policy described in
subsection (c)(2) shall not compromise, settle, extinguish, waive,
preclude, bar, or foreclose a claim brought under section 4.
(c) Executive Agreements and Executive Foreign Policy Covered.--
(1) Executive agreements.--An executive agreement described
in this paragraph is an executive agreement between the United
States and a foreign government entered into before, on, or
after the date of enactment of this Act.
(2) Executive foreign policy.--An executive foreign policy
described in this paragraph is a foreign policy of the
executive branch of the Federal Government established before,
on, or after the date of enactment of this Act.
SEC. 7. EFFECT ON STATE LAWS.
Nothing in this Act shall supersede or preempt any State law except
to the extent the law of the State conflicts with this Act.
SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW.
A claim brought under any State law described in section 6(a) shall
not be deemed untimely on the basis of any State or Federal statute of
limitations or on the basis of any other legal or equitable rule or
doctrine (including laches) governing the timeliness of claims if the
claim is filed not later than 10 years after the date of enactment of
this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of such provision to any
other person or circumstance shall not be affected thereby.
SEC. 10. EFFECTIVE DATE; APPLICABILITY.
This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any claim relating to a covered policy that is
brought before, on, or after the date of enactment of this Act.
<all>
</pre></body></html>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 64 (Tuesday, April 18, 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. KUSTOFF:\nH.R. 2680.\nCongress has the power to enact this legislation pursuant\nto the following:\nUnder Article I, Section 8, the Necessary and Proper\nClause. Congress shall have power to make all laws which\nshall be necessary and proper for carrying into Execution the\nforegoing powers and all Powers vested by this Constitution\nin the Government of the United States, or in any Department\nof Officer thereof.\nThe single subject of this legislation is:\nThis bill will restore the rights of Holocaust-era\ninsurance beneficiaries in recovering billions in unclaimed\npayments that were left behind amid the chaos and destruction\nof World War II.\n[Page H1847]\n</pre>",
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118HR2681 | Small Business Taxpayer Bill of Rights Act of 2023 | [
[
"K000392",
"Rep. Kustoff, David [R-TN-8]",
"sponsor"
]
] | <p><b>Small Business Taxpayer Bill of Rights Act of 2023</b></p> <p>This bill modifies various tax enforcement procedures and requirements that affect small businesses and other taxpayers. </p> <p>The bill modifies requirements regarding</p> <ul> <li> awarding costs and fees to small businesses for administrative and court proceedings, </li> <li> the amounts of damages and penalties that are allowed for violating various tax laws, </li> <li> dispute resolution and appeal procedures, </li> <li> enforcing liens against principal residences, </li> <li> terminating Internal Revenue Service (IRS) employees for misconduct, </li> <li> reviews by the Department of the Treasury Inspector General for Tax Administration, and </li> <li> the release of an IRS levy due to economic hardship for business taxpayers. </li> </ul> <p>The bill also</p> <ul> <li> allows a tax deduction for a portion of a taxpayer's expenses for certain audits,</li> <li> prohibits ex parte communications between officers in the IRS Independent Office of Appeals and other IRS employees with respect to matters pending before the officers,</li> <li> establishes a 10-year term for the National Taxpayer Advocate, and </li> <li> repeals the requirement to submit a partial payment with an offer-in-compromise to settle a tax liability.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2681 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2681
To provide a taxpayer bill of rights for small businesses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Kustoff introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on
Oversight and Accountability, 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 a taxpayer bill of rights for small businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Taxpayer Bill of Rights Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Modification of standards for awarding of costs and certain
fees.
Sec. 3. Civil damages allowed for reckless or intentional disregard of
internal revenue laws.
Sec. 4. Modifications relating to certain offenses by officers and
employees in connection with revenue laws.
Sec. 5. Modifications relating to civil damages for unauthorized
inspection or disclosure of returns and
return information.
Sec. 6. Ban on ex parte discussions.
Sec. 7. Right to independent conference.
Sec. 8. Alternative dispute resolution procedures.
Sec. 9. Increase in monetary penalties for certain unauthorized
disclosures of information.
Sec. 10. Ban on raising new issues on appeal.
Sec. 11. Limitation on enforcement of liens against principal
residences.
Sec. 12. Additional provisions relating to mandatory termination for
misconduct.
Sec. 13. Review by the Treasury Inspector General for Tax
Administration.
Sec. 14. Deduction for expenses relating to certain audits.
Sec. 15. Term limit for National Taxpayer Advocate.
Sec. 16. Release of IRS levy due to economic hardship for business
taxpayers.
Sec. 17. Repeal of partial payment requirement on submissions of
offers-in-compromise.
SEC. 2. MODIFICATION OF STANDARDS FOR AWARDING OF COSTS AND CERTAIN
FEES.
(a) Small Businesses Eligible Without Regard to Net Worth.--
Subparagraph (D) of section 7430(c)(4) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of clause (i)(II), by
striking the period at the end of clause (ii) and inserting ``, and'',
and by adding at the end the following new clause:
``(iii) in the case of an eligible small
business, the net worth limitation in clause
(ii) of such section shall not apply.''.
(b) Eligible Small Business.--Paragraph (4) of section 7430(c) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(F) Eligible small business.--
``(i) In general.--For purposes of
subparagraph (D)(iii), the term `eligible small
business' means, with respect to any proceeding
commenced in a taxable year--
``(I) a corporation the stock of
which is not publicly traded,
``(II) a partnership, or
``(III) a sole proprietorship,
if the average annual gross receipts of such
corporation, partnership, or sole
proprietorship for the 3-taxable-year period
preceding such taxable year does not exceed
$50,000,000. For purposes of applying the test
under the preceding sentence, rules similar to
the rules of paragraphs (2) and (3) of section
448(c) shall apply.
``(ii) Adjustment for inflation.--In the
case of any calendar year after 2023, the
$50,000,000 amount in clause (i) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding
sentence is not a multiple of $500, such amount
shall be rounded to the next lowest multiple of
$500.''.
(c) Effective Date.--The amendments made by this section shall
apply to proceedings commenced after the date of the enactment of this
Act.
SEC. 3. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF
INTERNAL REVENUE LAWS.
(a) Increase in Amount of Damages.--
(1) In general.--Section 7433(b) of the Internal Revenue
Code of 1986 is amended by striking ``$1,000,000 ($100,000, in
the case of negligence)'' and inserting ``$5,000,000 ($500,000,
in the case of negligence)''.
(2) Adjustment for inflation.--Section 7433 of such Code is
amended by adding at the end the following new subsection:
``(f) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $5,000,000 and $500,000 amounts in subsection (b) shall
each be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $500, such amount shall be rounded to the next lowest
multiple of $500.''.
(b) Extension of Time To Bring Action.--Section 7433(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``2 years'' and
inserting ``5 years''.
(c) Effective Date.--The amendments made by this section shall
apply to actions of employees of the Internal Revenue Service after the
date of the enactment of this Act.
SEC. 4. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND
EMPLOYEES IN CONNECTION WITH REVENUE LAWS.
(a) Increase in Penalty.--Section 7214 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``$10,000'' in subsection (a) and inserting
``$25,000'', and
(2) by striking ``$5,000'' in subsection (b) and inserting
``$10,000''.
(b) Adjustment for Inflation.--Section 7214 of the Internal Revenue
Code of 1986, as amended by subsection (a), is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $25,000 amount in subsection (a) and the $10,000 amount
in subsection (b) shall each be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the next lowest
multiple of $100.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED
INSPECTION OR DISCLOSURE OF RETURNS AND RETURN
INFORMATION.
(a) Increase in Amount of Damages.--Subparagraph (A) of section
7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking
``$1,000'' and inserting ``$10,000''.
(b) Adjustment for Inflation.--Section 7431 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(i) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $10,000 amount in subsection (c)(1)(A) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the next lowest
multiple of $100.''.
(c) Period for Bringing Action.--Subsection (d) of section 7431 of
the Internal Revenue Code of 1986 is amended by striking ``2 years''
and inserting ``5 years''.
(d) Effective Date.--The amendment made by this section shall apply
to inspections and disclosure occurring on and after the date of the
enactment of this Act.
SEC. 6. BAN ON EX PARTE DISCUSSIONS.
(a) In General.--Notwithstanding section 1001(a)(4) of the Internal
Revenue Service Restructuring and Reform Act of 1998, the Internal
Revenue Service shall prohibit any ex parte communications between
officers in the Internal Revenue Service Independent Office of Appeals
and other Internal Revenue Service employees with respect to any matter
pending before such officers.
(b) Termination of Employment for Misconduct.--Subject to
subsection (c), the Commissioner of Internal Revenue shall terminate
the employment of any employee of the Internal Revenue Service if there
is a final administrative or judicial determination that such employee
committed any act or omission prohibited under subsection (a) in the
performance of the employee's official duties. Such termination shall
be a removal for cause on charges of misconduct.
(c) Determination of Commissioner.--
(1) In general.--The Commissioner of Internal Revenue may
take a personnel action other than termination for an act
prohibited under subsection (a).
(2) Discretion.--The exercise of authority under paragraph
(1) shall be at the sole discretion of the Commissioner of
Internal Revenue and may not be delegated to any other officer.
At the sole discretion of the Commissioner of Internal Revenue,
such Commissioner may establish a procedure which will be used
to determine whether an individual should be referred to the
Commissioner of Internal Revenue for a determination by the
Commissioner under paragraph (1).
(3) No appeal.--Any determination of the Commissioner of
Internal Revenue under this subsection may not be appealed in
any administrative or judicial proceeding.
(d) TIGTA Reporting of Termination or Mitigation.--Section
7803(d)(1)(E) of the Internal Revenue Code of 1986 is amended by
inserting ``or section 6 of the Small Business Taxpayer Bill of Rights
Act of 2023'' after ``1998''.
SEC. 7. RIGHT TO INDEPENDENT CONFERENCE.
Section 1001 of the Internal Revenue Service Restructuring and
Reform Act of 1998 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the following new
subsection:
``(c) Right to Independent Conference.--Under the organization plan
of the Internal Revenue Service, a taxpayer shall have the right to a
conference with the Internal Revenue Service Independent Office of
Appeals which does not include personnel from the Office of Chief
Counsel for the Internal Revenue Service or the compliance functions of
the Internal Revenue Service unless the taxpayer specifically consents
to the participation of such personnel.''.
SEC. 8. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) In General.--Section 7123 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Availability of Dispute Resolutions.--
``(1) In general.--The procedures prescribed under
subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide that a taxpayer may request
mediation or arbitration in any case unless the Secretary has
specifically excluded the type of issue involved in such case
or the class of cases to which such case belongs as not
appropriate for resolution under such subsection. The Secretary
shall make any determination that excludes a type of issue or a
class of cases public within 5 working days and provide an
explanation for each determination.
``(2) Independent mediators.--
``(A) In general.--The procedures prescribed under
subsection (b)(1) shall provide the taxpayer an
opportunity to elect to have the mediation conducted by
an independent, neutral individual not employed by the
Internal Revenue Service Independent Office of Appeals.
``(B) Cost and selection.--
``(i) In general.--Any taxpayer making an
election under subparagraph (A) shall be
required--
``(I) to share the costs of such
independent mediator equally with the
Internal Revenue Service Independent
Office of Appeals, and
``(II) to limit the selection of
the mediator to a roster of recognized
national or local neutral mediators.
``(ii) Exception.--Clause (i)(I) shall not
apply to any taxpayer who is an individual or
who was a small business in the preceding
calendar year if such taxpayer had an adjusted
gross income that did not exceed 250 percent of
the poverty level, as determined in accordance
with criteria established by the Director of
the Office of Management and Budget, in the
taxable year preceding the request.
``(iii) Small business.--For purposes of
clause (ii), the term `small business' has the
meaning given such term under section
41(b)(3)(D)(iii).
``(3) Availability of process.--The procedures prescribed
under subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide the opportunity to elect
mediation or arbitration at the time when the case is first
filed with the Internal Revenue Service Independent Office of
Appeals and at any time before deliberations in the appeal
commence.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Adjustment for Inflation.--Subsection (a) of section 7213 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Adjustment for inflation.--In the case of any
calendar year after 2023, the $10,000 amounts in paragraphs
(1), (2), (3), and (4) shall each be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year,
determined by substituting `calendar year 2022' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $100, such amount shall be rounded to the next
lowest multiple of $100.''.
(c) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 10. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7531. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Independent Office of Appeals may not consider or decide any
issue that is not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 7531. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Independent Office of Appeals on or after the date of the enactment of
this Act.
SEC. 11. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
RESIDENCES.
(a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``In any case'' and inserting the
following:
``(1) In general.--In any case''; and
(2) by adding at the end the following new paragraph:
``(2) Limitation with respect to principal residence.--
``(A) In general.--Paragraph (1) shall not apply to
any property used as the principal residence of the
taxpayer (within the meaning of section 121) unless the
Secretary of the Treasury makes a written determination
that--
``(i) all other property of the taxpayer,
if sold, is insufficient to pay the tax or
discharge the liability, and
``(ii) such action will not create an
economic hardship for the taxpayer.
``(B) Delegation.--For purposes of this paragraph,
the Secretary of the Treasury may not delegate any
responsibilities under subparagraph (A) to any person
other than--
``(i) the Commissioner of Internal Revenue,
or
``(ii) a district director or assistant
district director of the Internal Revenue
Service.''.
(b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.
SEC. 12. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
MISCONDUCT.
(a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(11) in the case of any review of an application for tax-
exempt status by an organization described in section 501(c) of
the Internal Revenue Code of 1986, developing or using any
methodology that applies disproportionate scrutiny to any
applicant based on the ideology expressed in the name or
purpose of the organization.''.
(b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 90
days.''.
(c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.
SEC. 13. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION.
(a) Review.--Subsection (k)(1) of section 412 of title 5, United
States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) shall--
``(i) review any criteria employed by the
Internal Revenue Service to select tax returns
(including applications for recognition of tax-
exempt status) for examination or audit,
assessment or collection of deficiencies,
criminal investigation or referral, refunds for
amounts paid, or any heightened scrutiny or
review in order to determine whether the
criteria discriminates against taxpayers on the
basis of race, religion, or political ideology;
and
``(ii) consult with the Internal Revenue
Service on recommended amendments to such
criteria in order to eliminate any
discrimination identified pursuant to the
review described in clause (i); and''; and
(4) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(b) Semiannual Report.--Subsection (g) of section 412 of title 5,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) Semiannual reports.--Any semiannual report made by
the Treasury Inspector General for Tax Administration that is
required pursuant to section 405(b) shall include--
``(A) a statement affirming that the Treasury
Inspector General for Tax Administration has reviewed
the criteria described in subsection (k)(1)(D) and
consulted with the Internal Revenue Service regarding
such criteria; and
``(B) a description and explanation of any such
criteria that was identified as discriminatory by the
Treasury Inspector General for Tax Administration.''.
SEC. 14. DEDUCTION FOR EXPENSES RELATING TO CERTAIN AUDITS.
(a) In General.--Subsection (a) of section 62 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (21) the
following new paragraph:
``(22) Expenses relating to certain audits.--The deduction
allowed by section 224.''.
(b) Deduction for Expenses Relating to Certain Audits.--Part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by redesignating section 224 as section 225 and by inserting
after section 223 the following new section:
``SEC. 224. EXPENSES RELATING TO CERTAIN AUDITS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
so much of the qualified NRP expenses paid or incurred during the
taxable year as does not exceed $5,000.
``(b) Qualified NRP Expenses.--For purposes of this section, the
term `qualified NRP expenses' means amounts which but for subsection
(c) would be allowed as a deduction under section 162 or 212(3) in
connection with an audit of the taxpayer's return of the tax imposed by
this chapter for any taxable year under the National Research Program,
but only if such audit results in no increase in the tax liability of
the taxpayer for such taxable year.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under any other provision of this chapter for any amount for which a
deduction is allowed under this section.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 224 and by inserting
after the item relating to section 223 the following new items:
``Sec. 224. Expenses relating to certain audits.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 15. TERM LIMIT FOR NATIONAL TAXPAYER ADVOCATE.
(a) In General.--Subparagraph (B) of section 7803(c)(1) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(v) Term.--The term of the National
Taxpayer Advocate shall be a 10-year term,
beginning with a term to commence on the date
which is 18 months after the date of the
enactment of the Small Business Taxpayer Bill
of Rights Act of 2023. Each subsequent term
shall begin on the day after the date on which
the previous term expires. The National
Taxpayer Advocate may be appointed to serve
more than 1 term.''.
(b) Effective Date.--The term of any individual serving as the
National Taxpayer Advocate under section 7803(c) of the Internal
Revenue Code of 1986 as of the date of the enactment of this Act shall
end as of the day before the date which is 18 months after such date of
enactment, unless such individual is reappointed as the National
Taxpayer Advocate for a subsequent term pursuant to section
7803(c)(1)(B)(v) of such Code.
SEC. 16. RELEASE OF IRS LEVY DUE TO ECONOMIC HARDSHIP FOR BUSINESS
TAXPAYERS.
(a) In General.--Subparagraph (D) of section 6343(a)(1) of the
Internal Revenue Code of 1986 is amended by striking ``or'' and
inserting ``including the financial condition of the taxpayer's viable
trade or business, or''.
(b) Determination of Economic Hardship.--Subsection (a) of section
6343 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(4) Determination of economic hardship to business
taxpayer.--In determining whether to release any levy under
paragraph (1)(D), the Secretary shall consider--
``(A) the economic viability of the business,
``(B) the nature and extent of the hardship created
by the levy (including whether the taxpayer has
exercised ordinary business care and prudence), and
``(C) the potential harm to individuals if the
business is liquidated.''.
(c) Effective Date.--The amendments made by this section shall
apply to levies made after the date of the enactment of this Act.
SEC. 17. REPEAL OF PARTIAL PAYMENT REQUIREMENT ON SUBMISSIONS OF
OFFERS-IN-COMPROMISE.
(a) In General.--Section 7122 of the Internal Revenue Code of 1986
is amended by striking subsection (c) and by redesignating subsections
(d), (e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 7122(c) of the Internal
Revenue Code of 1986, as redesignated by subsection (a), is
amended by inserting ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting
a period, and by striking subparagraph (C).
(2) Section 7122 of such Code, as amended by this section,
is amended by adding at the end the following new subsection:
``(g) Application of User Fee.--In the case of any assessed tax or
other amounts imposed under this title with respect to such tax which
is the subject of an offer-in-compromise, such tax or other amounts
shall be reduced by any user fee imposed under this title with respect
to such offer-in-compromise.''.
(3) Section 6159(g) of such Code is amended by striking
``section 7122(e)'' and inserting ``section 7122(d)''.
(c) Effective Date.--The amendments made by this section shall
apply to offers-in-compromise submitted after the date of the enactment
of this Act.
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118HR2682 | Veterans Medical Marijuana Safe Harbor Act. | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2682 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2682
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Lee of California (for herself, Mr. Joyce of Ohio, Mr. Blumenauer,
Ms. Strickland, Ms. DelBene, Ms. Titus, Ms. Mace, Mr. Cohen, Ms.
Schakowsky, Mr. Carter of Louisiana, Ms. Norton, Ms. Jackson Lee, Mrs.
Cherfilus-McCormick, and Ms. Jacobs) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, and Veterans' Affairs, 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 allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, 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 Medical Marijuana Safe
Harbor Act.''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chronic pain affects the veteran population, with
almost 60 percent of veterans returning from serving in the
Armed Forces in the Middle East, and more than 50 percent of
older veterans, who are using the health care system of the
Department of Veterans Affairs living with some form of chronic
pain.
(2) In 2020, opioids accounted for approximately 75 percent
of all drug overdose deaths in the United States.
(3) Veterans are twice as likely to die from opioid related
overdoses than nonveterans.
(4) States with recreational cannabis laws experienced a
7.6 percent reduction in opioid-related emergency department
visits during the 180-day period after the implementation of
such laws.
(5) Marijuana and its compounds show promise for pain
management and treating a wide-range of diseases and disorders,
including post-traumatic stress disorder.
(6) Medical marijuana in States where it is legal may serve
as a less harmful alternative to opioids in treating veterans.
SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL MARIJUANA.
(a) Safe Harbor.--Notwithstanding the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or any other Federal law, it shall not be
unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use, possession,
or transport is authorized and in accordance with the law of
the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a State
or on Indian land where the law of the applicable State or
Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of the
applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as that term is defined in section 824(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21 U.S.C.
802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(c) Sunset.--This section shall cease to have force or effect on
the date that is five years after the date of the enactment of this
Act.
SEC. 4. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.
(a) Research on Effects of Medical Marijuana on Veterans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall support clinical research on the use of medical
marijuana--
(A) by veterans to manage pain; and
(B) for the treatment of veterans for diseases and
disorders such as post-traumatic stress disorder.
(2) Interagency coordination.--The Secretary shall
coordinate and collaborate with other relevant Federal agencies
to support and facilitate clinical research under paragraph
(1).
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the ongoing clinical research supported by the
Secretary under paragraph (1), which shall include such
recommendations for legislative or administrative action as the
Secretary considers appropriate to continue to support the
management of pain and the treatment of diseases and disorders
of veterans.
(b) Study on Use by Veterans of State Medical Marijuana Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall conduct a study
on the relationship between treatment programs involving
medical marijuana that are approved by States, the access of
veterans to such programs, and a reduction in opioid use and
misuse among veterans.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed, the
Secretary shall submit to Congress a report on the study, which
shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(c) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given that term in section 101 of title 38, United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs such sums as may be
necessary to carry out this section.
<all>
</pre></body></html>
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118HR2683 | VA Flood Preparedness Act | [
[
"M000194",
"Rep. Mace, Nancy [R-SC-1]",
"sponsor"
],
[
"C001125",
"Rep. Carter, Troy [D-LA-2]",
"cosponsor"
]
] | <p><b>VA Flood Preparedness Act</b></p> <p>This bill authorizes the Department of Veterans Affairs (VA) to make contributions to local authorities to mitigate the risk of flooding on local property adjacent to VA medical facilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2683 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2683
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to make certain contributions to local authorities to
mitigate the risk of flooding on local property adjacent to medical
facilities of the Department of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Mace (for herself and Mr. Carter of Louisiana) 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 make certain contributions to local authorities to
mitigate the risk of flooding on local property adjacent to medical
facilities of the Department of Veterans Affairs, 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 ``VA Flood Preparedness Act''.
SEC. 2. CONTRIBUTIONS TO LOCAL AUTHORITIES TO MITIGATE THE RISK OF
FLOODING ON LOCAL PROPERTY ADJACENT TO MEDICAL FACILITIES
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 8108 of title 38, United States Code, is
amended by inserting ``, or to mitigate the risk of flooding, including
the risk of flooding associated with rising sea levels'' before the
period at the end.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report that includes an assessment of--
(1) the extent to which each medical facility (as such term
is defined in section 8101(3) of title 38, United States Code)
is at risk of flooding, including the risk of flooding
associated with rising sea levels; and
(2) whether additional resources are necessary to address
the risk of flooding at each such facility.
<all>
</pre></body></html>
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118HR2684 | Capital Loss Inflation Fairness Act | [
[
"N000190",
"Rep. Norman, Ralph [R-SC-5]",
"sponsor"
],
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"L000598",
"Rep. LaLota, Nick [R-NY-1]",
"cosponsor"
],
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],
[
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],
[
"M00121... | <p> <strong>Capital Loss Inflation Fairness Act </strong></p> <p>This bill increases the allowance for capital losses and adjusts the increased allowance amount for inflation after 2023.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2684 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2684
To amend the Internal Revenue Code of 1986 to increase the limitation
on capital losses and index the limitation to inflation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Norman (for himself, Mr. LaLota, Mr. Weber of Texas, Ms. Mace, and
Mrs. Miller of Illinois) 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 increase the limitation
on capital losses and index the limitation to inflation.
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 ``Capital Loss Inflation Fairness
Act''.
SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES.
(a) In General.--Section 1211(b) of the Internal Revenue Code of
1986 is amended to read as follows:
``(b) Other Taxpayers.--
``(1) In general.--In the case of a taxpayer other than a
corporation, losses from sales or exchanges of capital assets
shall be allowed only to the extent of the gains from such
sales or exchanges, plus (if such losses exceed such gains) the
lower of--
``(A) $13,000 ($6,500 in the case of a married
individual filing a separate return), or
``(B) the excess of such losses over such gains.
``(2) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2023, the dollar
amounts in paragraph (1)(A) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment under section
1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph (A)(ii)
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to losses in taxable years beginning after December 31, 2022.
<all>
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118HR2685 | Mining Schools Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2685 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2685
To require the Secretary of Energy to provide technology grants to
strengthen domestic mining education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Owens (for himself, Mr. Costa, Mr. Newhouse, Mr. Bost, Mr. Stauber,
Mr. Rosendale, and Mr. Wittman) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to provide technology grants to
strengthen domestic mining education, 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 ``Technology Grants to Strengthen
Domestic Mining Education Act of 2023'' or the ``Mining Schools Act of
2023''.
SEC. 2. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING EDUCATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Mining
Professional Development Advisory Board established by
subsection (d)(1).
(2) Mining industry.--The term ``mining industry'' means
the mining industry of the United States, consisting of the
search for, and extraction, beneficiation, refining, smelting,
and processing of, naturally occurring metal and nonmetal
minerals from the earth.
(3) Mining profession.--The term ``mining profession''
means the body of jobs directly relevant to--
(A) the exploration, planning, execution, and
remediation of metal and nonmetal mining sites; and
(B) the extraction, including the separation,
refining, alloying, smelting, concentration, and
processing, of mineral ores.
(4) Mining school.--The term ``mining school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program accredited by the Accreditation
Board for Engineering and Technology, Inc., that is
located at an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)); or
(B) a geology or engineering program or department
that is located at a 4-year public institution of
higher education (as so defined) located in a State the
gross domestic product of which in 2021 was not less
than $2,000,000,000 in the combined categories of
``Mining (except oil and gas)'' and ``Support
activities for mining'', according to the Bureau of
Economic Analysis.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Domestic Mining Education Strengthening Program.--The
Secretary, in consultation with the Secretary of the Interior (acting
through the Director of the United States Geological Survey), shall--
(1) establish a grant program to strengthen domestic mining
education; and
(2) under the program established in paragraph (1), award
competitive grants to mining schools for the purpose of
recruiting and educating the next generation of mining
engineers and other qualified professionals to meet the future
energy and mineral needs of the United States.
(c) Grants.--
(1) In general.--In carrying out the grant program
established under subsection (b)(1), the Secretary shall award
not more than 10 grants each year to mining schools.
(2) Selection requirements.--
(A) In general.--To the maximum extent practicable,
the Secretary shall select recipients for grants under
paragraph (1) to ensure geographic diversity among
grant recipients to ensure that region-specific
specialties are developed for region-specific geology.
(B) Timeline.--The Secretary shall award the grants
under paragraph (1) by not later than the later of--
(i) the date that is 180 days after the
start of the applicable fiscal year; and
(ii) the date that is 180 days after the
date on which the Act making full-year
appropriations for the Department of Energy for
the applicable fiscal year is enacted.
(3) Recommendations of the board.--
(A) In general.--In selecting recipients for grants
under paragraph (1) and determining the amount of each
grant, the Secretary, to the maximum extent
practicable, shall take into consideration the
recommendations of the Board under subparagraphs (A)
and (B) of subsection (d)(3).
(B) Selection statement.--In selecting recipients
for grants under paragraph (1), the Secretary shall--
(i) in response to a recommendation from
the Board, submit to the Board a statement that
describes--
(I) whether the Secretary accepts
or rejects, in whole or in part, the
recommendation of the Board; and
(II) the justification and
rationale for any rejection, in whole
or in part, of the recommendation of
the Board; and
(ii) not later than 15 days after awarding
a grant for which the Board submitted a
recommendation, publish the statement submitted
under clause (i) on the Department of Energy
website.
(4) Use of funds.--A mining school receiving a grant under
paragraph (1) shall use the grant funds--
(A) to recruit students to the mining school; and
(B) to enhance and support programs related to, as
applicable--
(i) mining, mineral extraction efficiency,
and related processing technology;
(ii) emphasizing critical mineral and rare
earth element exploration, extraction, and
refining;
(iii) reclamation technology and practices
for active mining operations;
(iv) the development of reprocessing
systems and technologies that facilitate
reclamation that fosters the recovery of
resources at abandoned mine sites;
(v) mineral extraction methods that reduce
environmental and human impacts;
(vi) technologies to extract, refine,
separate, melt, or produce minerals, including
rare earth elements;
(vii) reducing dependence on foreign energy
and mineral supplies through increased domestic
critical mineral production;
(viii) enhancing the competitiveness of
United States energy and mineral technology
exports;
(ix) the extraction or processing of
coinciding mineralization, including rare earth
elements, within coal, coal processing
byproduct, overburden, or coal residue;
(x) enhancing technologies and practices
relating to mitigation of acid mine drainage,
reforestation, and revegetation in the
reclamation of land and water resources
adversely affected by mining;
(xi) enhancing exploration and
characterization of new or novel deposits,
including rare earth elements and critical
minerals within phosphate rocks, uranium-
bearing deposits, and other nontraditional
sources;
(xii) meeting challenges of extreme mining
conditions, such as deeper deposits or offshore
or cold region mining; and
(xiii) mineral economics, including
analysis of supply chains, future mineral
needs, and unconventional mining resources.
(d) Mining Professional Development Advisory Board.--
(1) In general.--There is established an advisory board, to
be known as the ``Mining Professional Development Advisory
Board''.
(2) Composition.--The Board shall be composed of 6 members,
to be appointed by the Secretary not later than 180 days after
the date of enactment of this Act, of whom--
(A) 3 shall be individuals who are actively working
in the mining profession and for the mining industry;
and
(B) 3 shall have experience in academia
implementing and operating professional skills training
and education programs in the mining sector.
(3) Duties.--The Board shall--
(A) evaluate grant applications received under
subsection (c) and make recommendations to the
Secretary for selection of grant recipients under that
subsection;
(B) propose the amount of the grant for each
applicant recommended to be selected under subparagraph
(A); and
(C) perform oversight to ensure that grant funds
awarded under subsection (c) are used for the purposes
described in paragraph (4) of that subsection.
(4) Term.--A member of the Board shall serve for a term of
4 years.
(5) Vacancies.--A vacancy on the Board--
(A) shall not affect the powers of the Board; and
(B) shall be filled in the same manner as the
original appointment was made by not later than 180
days after the date on which the vacancy occurs.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2031.
SEC. 3. REPEAL OF THE MINING AND MINERAL RESOURCES RESEARCH INSTITUTE
ACT OF 1984.
Public Law 98-409 (30 U.S.C. 1221 et seq.; commonly known as the
``Mining and Mineral Resources Research Institute Act of 1984'') is
repealed.
<all>
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118HR2686 | Ending Wall Street Tax Giveaway Act | [
[
"P000096",
"Rep. Pascrell, Bill, Jr. [D-NJ-9]",
"sponsor"
],
[
"B001292",
"Rep. Beyer, Donald S., Jr. [D-VA-8]",
"cosponsor"
],
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2686 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2686
To amend the Internal Revenue Code of 1986 to provide for the proper
tax treatment of personal service income earned in pass-thru entities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Pascrell (for himself, Mr. Beyer, and Ms. Porter) 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 provide for the proper
tax treatment of personal service income earned in pass-thru entities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Ending Wall Street
Tax Giveaway Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Partnership interests transferred in connection with
performance of services.
Sec. 3. Special rules for partners providing investment management
services to partnerships.
SEC. 2. PARTNERSHIP INTERESTS TRANSFERRED IN CONNECTION WITH
PERFORMANCE OF SERVICES.
(a) Modification to Election To Include Partnership Interest in
Gross Income in Year of Transfer.--Subsection (c) of section 83 is
amended by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Partnership interests.--Except as provided by the
Secretary--
``(A) In general.--In the case of any transfer of
an interest in a partnership in connection with the
provision of services to (or for the benefit of) such
partnership--
``(i) the fair market value of such
interest shall be treated for purposes of this
section as being equal to the amount of the
distribution which the partner would receive if
the partnership sold (at the time of the
transfer) all of its assets at fair market
value and distributed the proceeds of such sale
(reduced by the liabilities of the partnership)
to its partners in liquidation of the
partnership, and
``(ii) the person receiving such interest
shall be treated as having made the election
under subsection (b)(1) unless such person
makes an election under this paragraph to have
such subsection not apply.
``(B) Election.--The election under subparagraph
(A)(ii) shall be made under rules similar to the rules
of subsection (b)(2).''.
(b) Effective Date.--The amendments made by this section shall
apply to interests in partnerships transferred after the date of the
enactment of this Act.
SEC. 3. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT
SERVICES TO PARTNERSHIPS.
(a) In General.--Part I of subchapter K of chapter 1 is amended by
adding at the end the following new section:
``SEC. 710. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT
SERVICES TO PARTNERSHIPS.
``(a) Treatment of Distributive Share of Partnership Items.--For
purposes of this title, in the case of an investment services
partnership interest--
``(1) In general.--Notwithstanding section 702(b)--
``(A) an amount equal to the net capital gain with
respect to such interest for any partnership taxable
year shall be treated as ordinary income, and
``(B) subject to the limitation of paragraph (2),
an amount equal to the net capital loss with respect to
such interest for any partnership taxable year shall be
treated as an ordinary loss.
``(2) Recharacterization of losses limited to
recharacterized gains.--The amount treated as ordinary loss
under paragraph (1)(B) for any taxable year shall not exceed
the excess (if any) of--
``(A) the aggregate amount treated as ordinary
income under paragraph (1)(A) with respect to the
investment services partnership interest for all
preceding partnership taxable years to which this
section applies, over
``(B) the aggregate amount treated as ordinary loss
under paragraph (1)(B) with respect to such interest
for all preceding partnership taxable years to which
this section applies.
``(3) Allocation to items of gain and loss.--
``(A) Net capital gain.--The amount treated as
ordinary income under paragraph (1)(A) shall be
allocated ratably among the items of long-term capital
gain taken into account in determining such net capital
gain.
``(B) Net capital loss.--The amount treated as
ordinary loss under paragraph (1)(B) shall be allocated
ratably among the items of long-term capital loss and
short-term capital loss taken into account in
determining such net capital loss.
``(4) Terms relating to capital gains and losses.--For
purposes of this section--
``(A) In general.--Net capital gain, long-term
capital gain, and long-term capital loss, with respect
to any investment services partnership interest for any
taxable year, shall be determined under section 1222,
except that such section shall be applied--
``(i) without regard to the
recharacterization of any item as ordinary
income or ordinary loss under this section,
``(ii) by only taking into account items of
gain and loss taken into account by the holder
of such interest under section 702 (other than
subsection (a)(9) thereof) with respect to such
interest for such taxable year, and
``(iii) by treating property which is taken
into account in determining gains and losses to
which section 1231 applies as capital assets
held for more than 1 year.
``(B) Net capital loss.--The term `net capital
loss' means the excess of the losses from sales or
exchanges of capital assets over the gains from such
sales or exchanges. Rules similar to the rules of
clauses (i) through (iii) of subparagraph (A) shall
apply for purposes of the preceding sentence.
``(5) Special rule for dividends.--Any dividend allocated
with respect to any investment services partnership interest
shall not be treated as qualified dividend income for purposes
of section 1(h).
``(6) Special rule for qualified small business stock.--
Section 1202 shall not apply to any gain from the sale or
exchange of qualified small business stock (as defined in
section 1202(c)) allocated with respect to any investment
services partnership interest.
``(b) Dispositions of Partnership Interests.--
``(1) Gain.--
``(A) In general.--Any gain on the disposition of
an investment services partnership interest shall be--
``(i) treated as ordinary income, and
``(ii) recognized notwithstanding any other
provision of this subtitle.
``(B) Gift and transfers at death.--In the case of
a disposition of an investment services partnership
interest by gift or by reason of death of the
taxpayer--
``(i) subparagraph (A) shall not apply,
``(ii) such interest shall be treated as an
investment services partnership interest in the
hands of the person acquiring such interest,
and
``(iii) any amount that would have been
treated as ordinary income under this
subsection had the decedent sold such interest
immediately before death shall be treated as an
item of income in respect of a decedent under
section 691.
``(2) Loss.--Any loss on the disposition of an investment
services partnership interest shall be treated as an ordinary
loss to the extent of the excess (if any) of--
``(A) the aggregate amount treated as ordinary
income under subsection (a) with respect to such
interest for all partnership taxable years to which
this section applies, over
``(B) the aggregate amount treated as ordinary loss
under subsection (a) with respect to such interest for
all partnership taxable years to which this section
applies.
``(3) Election with respect to certain exchanges.--
Paragraph (1)(A)(ii) shall not apply to the contribution of an
investment services partnership interest to a partnership in
exchange for an interest in such partnership if--
``(A) the taxpayer makes an irrevocable election to
treat the partnership interest received in the exchange
as an investment services partnership interest, and
``(B) the taxpayer agrees to comply with such
reporting and recordkeeping requirements as the
Secretary may prescribe.
``(4) Distributions of partnership property.--
``(A) In general.--In the case of any distribution
of property by a partnership with respect to any
investment services partnership interest held by a
partner, the partner receiving such property shall
recognize gain equal to the excess (if any) of--
``(i) the fair market value of such
property at the time of such distribution, over
``(ii) the adjusted basis of such property
in the hands of such partner (determined
without regard to subparagraph (C)).
``(B) Treatment of gain as ordinary income.--Any
gain recognized by such partner under subparagraph (A)
shall be treated as ordinary income to the same extent
and in the same manner as the increase in such
partner's distributive share of the taxable income of
the partnership would be treated under subsection (a)
if, immediately prior to the distribution, the
partnership had sold the distributed property at fair
market value and all of the gain from such disposition
were allocated to such partner. For purposes of
applying subsection (a)(2), any gain treated as
ordinary income under this subparagraph shall be
treated as an amount treated as ordinary income under
subsection (a)(1)(A).
``(C) Adjustment of basis.--In the case a
distribution to which subparagraph (A) applies, the
basis of the distributed property in the hands of the
distributee partner shall be the fair market value of
such property.
``(D) Special rules with respect to mergers and
divisions.--In the case of a taxpayer which satisfies
requirements similar to the requirements of
subparagraphs (A) and (B) of paragraph (3), this
paragraph and paragraph (1)(A)(ii) shall not apply to
the distribution of a partnership interest if such
distribution is in connection with a contribution (or
deemed contribution) of any property of the partnership
to which section 721 applies pursuant to a transaction
described in paragraph (2) of section 708(b).
``(c) Investment Services Partnership Interest.--For purposes of
this section--
``(1) In general.--The term `investment services
partnership interest' means any interest in an investment
partnership acquired or held by any person in connection with
the conduct of a trade or business described in paragraph (2)
by such person (or any person related to such person). An
interest in an investment partnership held by any person--
``(A) shall not be treated as an investment
services partnership interest for any period before the
first date on which it is so held in connection with
such a trade or business,
``(B) shall not cease to be an investment services
partnership interest merely because such person holds
such interest other than in connection with such a
trade or business, and
``(C) shall be treated as an investment services
partnership interest if acquired from a related person
in whose hands such interest was an investment services
partnership interest.
``(2) Businesses to which this section applies.--A trade or
business is described in this paragraph if such trade or
business primarily involves the performance of any of the
following services with respect to assets held (directly or
indirectly) by one or more investment partnerships referred to
in paragraph (1):
``(A) Advising as to the advisability of investing
in, purchasing, or selling any specified asset.
``(B) Managing, acquiring, or disposing of any
specified asset.
``(C) Arranging financing with respect to acquiring
specified assets.
``(D) Any activity in support of any service
described in subparagraphs (A) through (C).
``(3) Investment partnership.--
``(A) In general.--The term `investment
partnership' means any partnership if, at the end of
any two consecutive calendar quarters ending after the
date of enactment of this section--
``(i) substantially all of the assets of
the partnership are specified assets
(determined without regard to any section 197
intangible within the meaning of section
197(d)), and
``(ii) less than 75 percent of the capital
of the partnership is attributable to qualified
capital interests which constitute property
held in connection with a trade or business of
the owner of such interest.
``(B) Look-through of certain wholly owned entities
for purposes of determining assets of the
partnership.--
``(i) In general.--For purposes of
determining the assets of a partnership under
subparagraph (A)(i)--
``(I) any interest in a specified
entity shall not be treated as an asset
of such partnership, and
``(II) such partnership shall be
treated as holding its proportionate
share of each of the assets of such
specified entity.
``(ii) Specified entity.--For purposes of
clause (i), the term `specified entity' means,
with respect to any partnership (hereafter
referred to as the upper-tier partnership), any
person which engages in the same trade or
business as the upper-tier partnership and is--
``(I) a partnership all of the
capital and profits interests of which
are held directly or indirectly by the
upper-tier partnership, or
``(II) a foreign corporation which
does not engage in a trade or business
in the United States and all of the
stock of which is held directly or
indirectly by the upper-tier
partnership.
``(C) Special rules for determining if property
held in connection with trade or business.--
``(i) In general.--Except as otherwise
provided by the Secretary, solely for purposes
of determining whether any interest in a
partnership constitutes property held in
connection with a trade or business under
subparagraph (A)(ii)--
``(I) a trade or business of any
person closely related to the owner of
such interest shall be treated as a
trade or business of such owner,
``(II) such interest shall be
treated as held by a person in
connection with a trade or business
during any taxable year if such
interest was so held by such person
during any 3 taxable years preceding
such taxable year, and
``(III) paragraph (5)(B) shall not
apply.
``(ii) Closely related persons.--For
purposes of clause (i)(I), a person shall be
treated as closely related to another person
if, taking into account the rules of section
267(c), the relationship between such persons
is described in--
``(I) paragraph (1) or (9) of
section 267(b), or
``(II) section 267(b)(4), but
solely in the case of a trust with
respect to which each current
beneficiary is the grantor or a person
whose relationship to the grantor is
described in paragraph (1) or (9) of
section 267(b).
``(D) Antiabuse rules.--The Secretary may issue
regulations or other guidance which prevent the
avoidance of the purposes of subparagraph (A),
including regulations or other guidance which treat
convertible and contingent debt (and other debt having
the attributes of equity) as a capital interest in the
partnership.
``(E) Controlled groups of entities.--
``(i) In general.--In the case of a
controlled group of entities, if an interest in
the partnership received in exchange for a
contribution to the capital of the partnership
by any member of such controlled group would
(in the hands of such member) constitute
property held in connection with a trade or
business, then any interest in such partnership
held by any member of such group shall be
treated for purposes of subparagraph (A) as
constituting (in the hands of such member)
property held in connection with a trade or
business.
``(ii) Controlled group of entities.--For
purposes of clause (i), the term `controlled
group of entities' means a controlled group of
corporations as defined in section 1563(a)(1),
applied without regard to subsections (a)(4)
and (b)(2) of section 1563. A partnership or
any other entity (other than a corporation)
shall be treated as a member of a controlled
group of entities if such entity is controlled
(within the meaning of section 954(d)(3)) by
members of such group (including any entity
treated as a member of such group by reason of
this sentence).
``(F) Special rule for corporations.--For purposes
of this paragraph, in the case of a corporation, the
determination of whether property is held in connection
with a trade or business shall be determined as if the
taxpayer were an individual.
``(4) Specified asset.--The term `specified asset' means
securities (as defined in section 475(c)(2) without regard to
the last sentence thereof), real estate held for rental or
investment, interests in partnerships, commodities (as defined
in section 475(e)(2)), cash or cash equivalents, or options or
derivative contracts with respect to any of the foregoing.
``(5) Related persons.--
``(A) In general.--A person shall be treated as
related to another person if the relationship between
such persons is described in section 267(b) or 707(b).
``(B) Attribution of partner services.--Any service
described in paragraph (2) which is provided by a
partner of a partnership shall be treated as also
provided by such partnership.
``(d) Exception for Certain Capital Interests.--
``(1) In general.--In the case of any portion of an
investment services partnership interest which is a qualified
capital interest, all items of gain and loss (and any
dividends) which are allocated to such qualified capital
interest shall not be taken into account under subsection (a)
if--
``(A) allocations of items are made by the
partnership to such qualified capital interest in the
same manner as such allocations are made to other
qualified capital interests held by partners who do not
provide any services described in subsection (c)(2) and
who are not related to the partner holding the
qualified capital interest, and
``(B) the allocations made to such other interests
are significant compared to the allocations made to
such qualified capital interest.
``(2) Authority to provide exceptions to allocation
requirements.--To the extent provided by the Secretary in
regulations or other guidance--
``(A) Allocations to portion of qualified capital
interest.--Paragraph (1) may be applied separately with
respect to a portion of a qualified capital interest.
``(B) No or insignificant allocations to nonservice
providers.--In any case in which the requirements of
paragraph (1)(B) are not satisfied, items of gain and
loss (and any dividends) shall not be taken into
account under subsection (a) to the extent that such
items are properly allocable under such regulations or
other guidance to qualified capital interests.
``(C) Allocations to service providers' qualified
capital interests which are less than other
allocations.--Allocations shall not be treated as
failing to meet the requirement of paragraph (1)(A)
merely because the allocations to the qualified capital
interest represent a lower return than the allocations
made to the other qualified capital interests referred
to in such paragraph.
``(3) Special rule for changes in services and capital
contributions.--In the case of an interest in a partnership
which was not an investment services partnership interest and
which, by reason of a change in the services with respect to
assets held (directly or indirectly) by the partnership or by
reason of a change in the capital contributions to such
partnership, becomes an investment services partnership
interest, the qualified capital interest of the holder of such
partnership interest immediately after such change shall not,
for purposes of this subsection, be less than the fair market
value of such interest (determined immediately before such
change).
``(4) Special rule for tiered partnerships.--Except as
otherwise provided by the Secretary, in the case of tiered
partnerships, all items which are allocated in a manner which
meets the requirements of paragraph (1) to qualified capital
interests in a lower-tier partnership shall retain such
character to the extent allocated on the basis of qualified
capital interests in any upper-tier partnership.
``(5) Exception for no-self-charged carry and management
fee provisions.--Except as otherwise provided by the Secretary,
an interest shall not fail to be treated as satisfying the
requirement of paragraph (1)(A) merely because the allocations
made by the partnership to such interest do not reflect the
cost of services described in subsection (c)(2) which are
provided (directly or indirectly) to the partnership by the
holder of such interest (or a related person).
``(6) Special rule for dispositions.--In the case of any
investment services partnership interest any portion of which
is a qualified capital interest, subsection (b) shall not apply
to so much of any gain or loss as bears the same proportion to
the entire amount of such gain or loss as--
``(A) the distributive share of gain or loss that
would have been allocated to the qualified capital
interest (consistent with the requirements of paragraph
(1)) if the partnership had sold all of its assets at
fair market value immediately before the disposition,
bears to
``(B) the distributive share of gain or loss that
would have been so allocated to the investment services
partnership interest of which such qualified capital
interest is a part.
``(7) Qualified capital interest.--For purposes of this
section--
``(A) In general.--The term `qualified capital
interest' means so much of a partner's interest in the
capital of the partnership as is attributable to--
``(i) the fair market value of any money or
other property contributed to the partnership
in exchange for such interest (determined
without regard to section 752(a)),
``(ii) any amounts which have been included
in gross income under section 83 with respect
to the transfer of such interest, and
``(iii) the excess (if any) of--
``(I) any items of income and gain
taken into account under section 702
with respect to such interest, over
``(II) any items of deduction and
loss so taken into account.
``(B) Adjustment to qualified capital interest.--
``(i) Distributions and losses.--The
qualified capital interest shall be reduced by
distributions from the partnership with respect
to such interest and by the excess (if any) of
the amount described in subparagraph
(A)(iii)(II) over the amount described in
subparagraph (A)(iii)(I).
``(ii) Special rule for contributions of
property.--In the case of any contribution of
property described in subparagraph (A)(i) with
respect to which the fair market value of such
property is not equal to the adjusted basis of
such property immediately before such
contribution, proper adjustments shall be made
to the qualified capital interest to take into
account such difference consistent with such
regulations or other guidance as the Secretary
may provide.
``(C) Merger, consolidation, division, etc.,
disregarded.--No increase or decrease in the qualified
capital interest of any partner shall result from a
merger, consolidation, or division described in section
708, or any similar transaction.
``(8) Treatment of certain loans.--
``(A) Proceeds of partnership loans not treated as
qualified capital interest of service providing
partners.--For purposes of this subsection, an
investment services partnership interest shall not be
treated as a qualified capital interest to the extent
that such interest is acquired in connection with the
proceeds of any loan or other advance made or
guaranteed, directly or indirectly, by any other
partner or the partnership (or any person related to
any such other partner or the partnership). The
preceding sentence shall not apply to the extent the
loan or other advance is repaid before the date of the
enactment of this section unless such repayment is made
with the proceeds of a loan or other advance described
in the preceding sentence.
``(B) Reduction in allocations to qualified capital
interests for loans from nonservice-providing partners
to the partnership.--For purposes of this subsection,
any loan or other advance to the partnership made or
guaranteed, directly or indirectly, by a partner not
providing services described in subsection (c)(2) to
the partnership (or any person related to such partner)
shall be taken into account in determining the
qualified capital interests of the partners in the
partnership.
``(9) Special rule for qualified family partnerships.--
``(A) In general.--In the case of any specified
family partnership interest, paragraph (1)(A) shall be
applied without regard to the phrase `and who are not
related to the partner holding the qualified capital
interest'.
``(B) Specified family partnership interest.--For
purposes of this paragraph, the term `specified family
partnership interest' means any investment services
partnership interest if--
``(i) such interest is an interest in a
qualified family partnership,
``(ii) such interest is held by a natural
person or by a trust with respect to which each
beneficiary is a grantor or a person whose
relationship to the grantor is described in
section 267(b)(1), and
``(iii) all other interests in such
qualified family partnership with respect to
which significant allocations are made (within
the meaning of paragraph (1)(B) and in
comparison to the allocations made to the
interest described in clause (ii)) are held by
persons who--
``(I) are related to the natural
person or trust referred to in clause
(ii), or
``(II) provide services described
in subsection (c)(2).
``(C) Qualified family partnership.--For purposes
of this paragraph, the term `qualified family
partnership' means any partnership if--
``(i) all of the capital and profits
interests of such partnership are held by--
``(I) specified family members,
``(II) any person closely related
(within the meaning of subsection
(c)(3)(C)(ii)) to a specified family
member, or
``(III) any other person (not
described in subclause (I) or (II)) if
such interest is an investment services
partnership interest with respect to
such person, and
``(ii) such partnership does not hold
itself out to the public as an investment
advisor.
``(D) Specified family members.--For purposes of
subparagraph (C), individuals shall be treated as
specified family members if such individuals would be
treated as one person under the rules of section
1361(c)(1) if the applicable date (within the meaning
of subparagraph (B)(iii) thereof) were the latest of--
``(i) the date of the establishment of the
partnership,
``(ii) the earliest date that the common
ancestor holds a capital or profits interest in
the partnership, or
``(iii) the date of the enactment of this
section.
``(e) Other Income and Gain in Connection With Investment
Management Services.--
``(1) In general.--If--
``(A) a person performs (directly or indirectly)
investment management services for any investment
entity,
``(B) such person holds (directly or indirectly) a
disqualified interest with respect to such entity, and
``(C) the value of such interest (or payments
thereunder) is substantially related to the amount of
income or gain (whether or not realized) from the
assets with respect to which the investment management
services are performed,
any income or gain with respect to such interest shall be
treated as ordinary income. Rules similar to the rules of
subsections (a)(5) and (d) shall apply for purposes of this
subsection.
``(2) Definitions.--For purposes of this subsection--
``(A) Disqualified interest.--
``(i) In general.--The term `disqualified
interest' means, with respect to any investment
entity--
``(I) any interest in such entity
other than indebtedness,
``(II) convertible or contingent
debt of such entity,
``(III) any option or other right
to acquire property described in
subclause (I) or (II), and
``(IV) any derivative instrument
entered into (directly or indirectly)
with such entity or any investor in
such entity.
``(ii) Exceptions.--Such term shall not
include--
``(I) a partnership interest,
``(II) except as provided by the
Secretary, any interest in a taxable
corporation, and
``(III) except as provided by the
Secretary, stock in an S corporation.
``(B) Taxable corporation.--The term `taxable
corporation' means--
``(i) a domestic C corporation, or
``(ii) a foreign corporation substantially
all of the income of which is--
``(I) effectively connected with
the conduct of a trade or business in
the United States, or
``(II) subject to a comprehensive
foreign income tax (as defined in
section 457A(d)(2)).
``(C) Investment management services.--The term
`investment management services' means a substantial
quantity of any of the services described in subsection
(c)(2).
``(D) Investment entity.--The term `investment
entity' means any entity which, if it were a
partnership, would be an investment partnership.
``(f) Exception for Domestic C Corporations.--Except as otherwise
provided by the Secretary, in the case of a domestic C corporation--
``(1) subsections (a) and (b) shall not apply to any item
allocated to such corporation with respect to any investment
services partnership interest (or to any gain or loss with
respect to the disposition of such an interest), and
``(2) subsection (e) shall not apply.
``(g) Regulations.--The Secretary shall prescribe such regulations
or other guidance as is necessary or appropriate to carry out the
purposes of this section, including regulations or other guidance to--
``(1) require such reporting and recordkeeping by any
person in such manner and at such time as the Secretary may
prescribe for purposes of enabling the partnership to meet the
requirements of section 6031 with respect to any item described
in section 702(a)(9),
``(2) provide modifications to the application of this
section (including treating related persons as not related to
one another) to the extent such modification is consistent with
the purposes of this section,
``(3) prevent the avoidance of the purposes of this section
(including through the use of qualified family partnerships),
and
``(4) coordinate this section with the other provisions of
this title.
``(h) Cross Reference.--For 40-percent penalty on certain
underpayments due to the avoidance of this section, see section
6662.''.
(b) Application of Section 751 to Indirect Dispositions of
Investment Services Partnership Interests.--
(1) In general.--Subsection (a) of section 751 is amended
by striking ``or'' at the end of paragraph (1), by inserting
``or'' at the end of paragraph (2), and by inserting after
paragraph (2) the following new paragraph:
``(3) investment services partnership interests held by the
partnership,''.
(2) Certain distributions treated as sales or exchanges.--
Subparagraph (A) of section 751(b)(1) is amended by striking
``or'' at the end of clause (i), by inserting ``or'' at the end
of clause (ii), and by inserting after clause (ii) the
following new clause:
``(iii) investment services partnership
interests held by the partnership,''.
(3) Application of special rules in the case of tiered
partnerships.--Subsection (f) of section 751 is amended--
(A) by striking ``or'' at the end of paragraph (1),
by inserting ``or'' at the end of paragraph (2), and by
inserting after paragraph (2) the following new
paragraph:
``(3) an investment services partnership interest held by
the partnership,'', and
(B) by striking ``partner.'' and inserting
``partner (other than a partnership in which it holds
an investment services partnership interest).''.
(4) Investment services partnership interests; qualified
capital interests.--Section 751 is amended by adding at the end
the following new subsection:
``(g) Investment Services Partnership Interests.--For purposes of
this section--
``(1) In general.--The term `investment services
partnership interest' has the meaning given such term by
section 710(c).
``(2) Adjustments for qualified capital interests.--The
amount to which subsection (a) applies by reason of paragraph
(3) thereof shall not include so much of such amount as is
attributable to any portion of the investment services
partnership interest which is a qualified capital interest
(determined under rules similar to the rules of section
710(d)).
``(3) Exception for publicly traded partnerships.--Except
as otherwise provided by the Secretary, in the case of an
exchange of an interest in a publicly traded partnership (as
defined in section 7704) to which subsection (a) applies--
``(A) this section shall be applied without regard
to subsections (a)(3), (b)(1)(A)(iii), and (f)(3), and
``(B) such partnership shall be treated as owning
its proportionate share of the property of any other
partnership in which it is a partner.
``(4) Recognition of gains.--Any gain with respect to which
subsection (a) applies by reason of paragraph (3) thereof shall
be recognized notwithstanding any other provision of this
title.
``(5) Coordination with inventory items.--An investment
services partnership interest held by the partnership shall not
be treated as an inventory item of the partnership.
``(6) Prevention of double counting.--Under regulations or
other guidance prescribed by the Secretary, subsection (a)(3)
shall not apply with respect to any amount to which section 710
applies.
``(7) Valuation methods.--The Secretary shall prescribe
regulations or other guidance which provide the acceptable
methods for valuing investment services partnership interests
for purposes of this section.''.
(c) Treatment for Purposes of Section 7704.--Subsection (d) of
section 7704 is amended by adding at the end the following new
paragraph:
``(6) Income from certain carried interests not
qualified.--
``(A) In general.--Specified carried interest
income shall not be treated as qualifying income.
``(B) Specified carried interest income.--For
purposes of this paragraph--
``(i) In general.--The term `specified
carried interest income' means--
``(I) any item of income or gain
allocated to an investment services
partnership interest (as defined in
section 710(c)) held by the
partnership,
``(II) any gain on the disposition
of an investment services partnership
interest (as so defined) or a
partnership interest to which (in the
hands of the partnership) section 751
applies, and
``(III) any income or gain taken
into account by the partnership under
subsection (b)(4) or (e) of section
710.
``(ii) Exception for qualified capital
interests.--A rule similar to the rule of
section 710(d) shall apply for purposes of
clause (i).
``(C) Coordination with other provisions.--
Subparagraph (A) shall not apply to any item described
in paragraph (1)(E) (or so much of paragraph (1)(F) as
relates to paragraph (1)(E)).
``(D) Special rules for certain partnerships.--
``(i) Certain partnerships owned by real
estate investment trusts.--Subparagraph (A)
shall not apply in the case of a partnership
which meets each of the following requirements:
``(I) Such partnership is treated
as publicly traded under this section
solely by reason of interests in such
partnership being convertible into
interests in a real estate investment
trust which is publicly traded.
``(II) Fifty percent or more of the
capital and profits interests of such
partnership are owned, directly or
indirectly, at all times during the
taxable year by such real estate
investment trust (determined with the
application of section 267(c)).
``(III) Such partnership meets the
requirements of paragraphs (2), (3),
and (4) of section 856(c).
``(ii) Certain partnerships owning other
publicly traded partnerships.--Subparagraph (A)
shall not apply in the case of a partnership
which meets each of the following requirements:
``(I) Substantially all of the
assets of such partnership consist of
interests in one or more publicly
traded partnerships (determined without
regard to subsection (b)(2)).
``(II) Substantially all of the
income of such partnership is ordinary
income or section 1231 gain (as defined
in section 1231(a)(3)).
``(E) Transitional rule.--Subparagraph (A) shall
not apply to any taxable year of the partnership
beginning before the date which is 10 years after the
date of the enactment of this paragraph.''.
(d) Imposition of Penalty on Underpayments.--
(1) In general.--Subsection (b) of section 6662 is amended
by inserting after paragraph (7) the following new paragraph:
``(8) The application of section 710(e) or the regulations
or other guidance prescribed under section 710(g) to prevent
the avoidance of the purposes of section 710.''.
(2) Amount of penalty.--
(A) In general.--Section 6662 is amended by adding
at the end the following new subsection:
``(k) Increase in Penalty in Case of Property Transferred for
Investment Management Services.--In the case of any portion of an
underpayment to which this section applies by reason of subsection
(b)(8), subsection (a) shall be applied with respect to such portion by
substituting `40 percent' for `20 percent'.''.
(B) Conforming amendment.--Subparagraph (B) of
section 6662A(e)(2) is amended by striking ``or (i)''
and inserting ``, (i), or (k)''.
(3) Special rules for application of reasonable cause
exception.--Subsection (c) of section 6664 is amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(B) by striking ``paragraph (3)'' in paragraph
(5)(A), as so redesignated, and inserting ``paragraph
(4)''; and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) Special rule for underpayments attributable to
investment management services.--
``(A) In general.--Paragraph (1) shall not apply to
any portion of an underpayment to which section 6662
applies by reason of subsection (b)(8) unless--
``(i) the relevant facts affecting the tax
treatment of the item are adequately disclosed,
``(ii) there is or was substantial
authority for such treatment, and
``(iii) the taxpayer reasonably believed
that such treatment was more likely than not
the proper treatment.
``(B) Rules relating to reasonable belief.--Rules
similar to the rules of subsection (d)(3) shall apply
for purposes of subparagraph (A)(iii).''.
(e) Income and Loss From Investment Services Partnership Interests
Taken Into Account in Determining Net Earnings From Self-Employment.--
(1) Internal revenue code.--
(A) In general.--Section 1402(a) is amended by
striking ``and'' at the end of paragraph (16), by
striking the period at the end of paragraph (17) and
inserting ``; and'', and by inserting after paragraph
(17) the following new paragraph:
``(18) notwithstanding the preceding provisions of this
subsection, in the case of any individual engaged in the trade
or business of providing services described in section
710(c)(2) with respect to any entity, investment services
partnership income or loss (as defined in subsection (m)) of
such individual with respect to such entity shall be taken into
account in determining the net earnings from self-employment of
such individual.''.
(B) Investment services partnership income or
loss.--Section 1402 is amended by adding at the end the
following new subsection:
``(m) Investment Services Partnership Income or Loss.--For purposes
of subsection (a)--
``(1) In general.--The term `investment services
partnership income or loss' means, with respect to any
investment services partnership interest (as defined in section
710(c)) or disqualified interest (as defined in section
710(e)), the net of--
``(A) the amounts treated as ordinary income or
ordinary loss under subsections (b) and (e) of section
710 with respect to such interest,
``(B) all items of income, gain, loss, and
deduction allocated to such interest, and
``(C) the amounts treated as realized from the sale
or exchange of property other than a capital asset
under section 751 with respect to such interest.
``(2) Exception for qualified capital interests.--A rule
similar to the rule of section 710(d) shall apply for purposes
of applying paragraph (1)(B).''.
(2) Social security act.--Section 211(a) of the Social
Security Act is amended by striking ``and'' at the end of
paragraph (15), by striking the period at the end of paragraph
(16) and inserting ``; and'', and by inserting after paragraph
(16) the following new paragraph:
``(17) Notwithstanding the preceding provisions of this
subsection, in the case of any individual engaged in the trade
or business of providing services described in section
710(c)(2) of the Internal Revenue Code of 1986 with respect to
any entity, investment services partnership income or loss (as
defined in section 1402(m) of such Code) shall be taken into
account in determining the net earnings from self-employment of
such individual.''.
(f) Separate Accounting by Partner.--Section 702(a) is amended by
striking ``and'' at the end of paragraph (7), by striking the period at
the end of paragraph (8) and inserting ``, and'', and by inserting
after paragraph (8) the following:
``(9) any amount treated as ordinary income or loss under
subsection (a), (b), or (e) of section 710.''.
(g) Conforming Amendments.--
(1) Subsection (d) of section 731 is amended by inserting
``section 710(b)(4) (relating to distributions of partnership
property),'' after ``to the extent otherwise provided by''.
(2) Section 741 is amended by inserting ``or section 710
(relating to special rules for partners providing investment
management services to partnerships)'' before the period at the
end.
(3) The table of sections for part I of subchapter K of
chapter 1 is amended by adding at the end the following new
item:
``Sec. 710. Special rules for partners providing investment management
services to partnerships.''.
(4) Part IV of subchapter O of chapter 1 is amended by
striking section 1061, and the table of sections for such part
is amended by striking the item relating to section 1061.
(h) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years ending after the date of the enactment of this
Act.
(2) Partnership taxable years which include effective
date.--In applying section 710(a) of the Internal Revenue Code
of 1986 (as added by this section) in the case of any
partnership taxable year which includes the date of the
enactment of this Act, the amount of the net capital gain
referred to in such section shall be treated as being the
lesser of the net capital gain for the entire partnership
taxable year or the net capital gain determined by only taking
into account items attributable to the portion of the
partnership taxable year which is after such date.
(3) Dispositions of partnership interests.--
(A) In general.--Section 710(b) of such Code (as
added by this section) shall apply to dispositions and
distributions after the date of the enactment of this
Act.
(B) Indirect dispositions.--The amendments made by
subsection (b) shall apply to transactions after the
date of the enactment of this Act.
(4) Other income and gain in connection with investment
management services.--Section 710(e) of such Code (as added by
this section) shall take effect on the date of the enactment of
this Act.
<all>
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118HR2687 | To amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, and for other purposes. | [
[
"P000619",
"Rep. Peltola, Mary Sattler [D-AK-At Large]",
"sponsor"
]
] | <p>This bill excludes certain settlement trust payments to an Alaska Native or descendant of an Alaska Native who is aged, blind, or disabled for purposes of determining the individual's eligibility for need-based federal programs (e.g., the Supplemental Nutrition Assistance Program). </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2687 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2687
To amend the Alaska Native Claims Settlement Act to exclude certain
payments to aged, blind, or disabled Alaska Natives or descendants of
Alaska Natives from being used to determine eligibility for certain
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mrs. Peltola introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Alaska Native Claims Settlement Act to exclude certain
payments to aged, blind, or disabled Alaska Natives or descendants of
Alaska Natives from being used to determine eligibility for certain
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. ELIGIBILITY FOR CERTAIN PROGRAMS.
Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)) is amended, in the undesignated matter following paragraph
(3), by striking subparagraph (E) and inserting the following:
``(E) an interest in a Settlement Trust or an amount
distributed from or benefit provided by a Settlement Trust to a
Native or descendant of a Native who is an aged, blind, or
disabled individual (as defined in section 1614(a) of the
Social Security Act (42 U.S.C. 1382c(a))).''.
<all>
</pre></body></html>
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118HR2688 | Streamlining IRS Operations Act | [
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"P000618",
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[
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] | <p><strong>Streamlining IRS Operations Act</strong></p> <p>This bill requires the Internal Revenue Service to require that any tax return that is prepared electronically, but is printed and filed on paper, bear a code that can convert such return to an electronic format when scanned.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2688 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2688
To amend the Internal Revenue Code of 1986 to require electronically
prepared tax returns to include scannable code when submitted on paper.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Porter (for herself, Mr. Connolly, and Mr. Mfume) 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 require electronically
prepared tax returns to include scannable code when submitted on paper.
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 ``Streamlining IRS Operations Act''.
SEC. 2. REDUCING THE RESOURCE DRAIN BY REQUIRING THAT ELECTRONICALLY
PREPARED PAPER RETURNS INCLUDE SCANNABLE CODE.
(a) In General.--Section 6011(e) of the Internal Revenue Code of
1986 is amended--
(1) by redesignating the paragraph (6) relating to
application of numerical limitation to returns relating to
deferred compensation plans as paragraph (7), and
(2) by adding at the end the following new paragraph:
``(8) Special rule for returns prepared electronically and
submitted on paper.--The Secretary shall require that any
return of tax which is prepared electronically, but is printed
and filed on paper, bear a code which can, when scanned,
convert such return to electronic format.''.
(b) Conforming Amendment.--Section 6011(e)(1) of such Code is
amended by striking ``paragraph (3)'' and inserting ``paragraphs (3)
and (8)''.
(c) Effective Date.--The amendments made by this section shall
apply to returns of tax the due date for which (determined without
regard to extensions) is after December 31, 2023.
<all>
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118HR2689 | Trust in Government Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2689 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2689
To improve the service delivery of agencies and public perception of
agency interactions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Porter (for herself, Mr. Connolly, Mr. Mfume, Ms. Norton, Ms.
Titus, Mr. Kilmer, Mr. Garcia of Illinois, Mr. Case, Ms. Jayapal, Mr.
Cartwright, and Mr. Phillips) introduced the following bill; which was
referred to the Committee on Oversight and Accountability, and in
addition to the Committees on Foreign Affairs, Ways and Means, Natural
Resources, Agriculture, Energy and Commerce, Education and the
Workforce, Veterans' Affairs, Homeland Security, Small Business, and
Armed 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 improve the service delivery of agencies and public perception of
agency interactions, 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 ``Trust in Government Act of 2023''.
SEC. 2. IMPROVEMENT OF SERVICE DELIVERY OF AGENCIES AND PUBLIC
PERCEPTION OF AGENCY INTERACTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the agencies subject to the requirements of this Act
should--
(A) improve their understanding of customers;
(B) reduce administrative hurdles and paperwork
burdens to minimize the time it takes to process
benefits, enhance transparency, and create greater
efficiencies across Government;
(C) improve public perception of agency
interactions by systematically identifying and
resolving the root causes of any challenge experienced
by the public with respect to such interactions,
regardless of whether the source of any such challenge
is statutory, regulatory, budgetary, technological, or
process-based; and
(D) to engender public trust, ensure that the
efforts of the agency appropriately maintain or enhance
protections afforded under law and the policies of the
agency, including protections related to civil rights,
civil liberties, privacy, confidentiality, and
information security; and
(2) the Federal Government should--
(A) make improving service deliveries and public
perception of agency interactions fundamental
priorities; and
(B) measure performance empirically and by on-the-
ground results for the people of the United States,
especially for experiences of the people of the United
States with services delivered by agencies.
(b) Reforms To Improve Agency Service Delivery and Customer
Experience.--
(1) Reforms.--In order to improve the overall economy,
efficiency, and management of government operations and
activities, reduce the paperwork of agencies, and provide high-
quality services to the public--
(A) the Secretary of State shall redesign the
passport renewal process to allow for a fully online
renewal application that does not require any physical
documents to be mailed;
(B) the Secretary of the Treasury shall design and
deliver new online tools and services of the Internal
Revenue Service to--
(i) expand electronic filing options for
taxpayers;
(ii) provide the option for taxpayers to
receive customer support via secure email; and
(iii) provide the option for taxpayers to
schedule customer support telephone call-backs;
(C) the Secretary of the Interior shall design and
deliver a centralized, modernized electronic permitting
system to accept and process applications for permits;
(D) the Secretary of Agriculture shall design and
deliver new online tools and services--
(i) for online purchasing under the special
supplemental nutrition program for women,
infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786);
(ii) to simplify enrollment and
recertification for nutrition assistance
programs such as the supplemental nutrition
assistance program (commonly known as SNAP) and
the program described in clause (i), including
expanding the use of direct certification; and
(iii) for a simplified process for applying
for direct loans under subtitle A or B of the
Consolidated Farm and Rural Development Act;
(E) the Secretary of Labor shall--
(i) update existing rules and policies,
consistent with applicable law and to the
extent practicable, to allow individuals
entitled to medical treatment under any Federal
workers' compensation program to conduct their
routine medical treatment appointments using
telehealth platforms; and
(ii) update rules, policies, and procedures
to eliminate, consistent with applicable law
and to the extent practicable, requirements for
workers' compensation claimants to submit
physical documents, but to retain the option
for physical submission for claimants who
cannot otherwise submit them;
(F) the Secretary of Health and Human Services
shall--
(i) continue to design and deliver new,
personalized online tools and expanded customer
support options for individuals entitled to
benefits under part A of title XVIII of the
Social Security Act or enrolled under part B of
such title;
(ii) strengthen requirements for maternal
health quality measurement, including--
(I) measuring perinatal quality and
patient care experiences; and
(II) evaluating the measurements by
race and ethnicity to better identify
inequities in maternal health care
delivery and outcomes;
(iii) to the maximum extent permitted by
law, support coordination between the Medicare
program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), the
Medicaid program under title XIX of such Act
(42 U.S.C. 1396 et seq.), the Children's Health
Insurance Program under title XXI of such Act
(42 U.S.C. 1397aa et seq.);
(iv) to the maximum extent permitted by
law, propose ways to streamline State benefit
program enrollment and renewal processes in
order to reduce administrative burden on
customers and remove barriers to enrollment and
renewal, including by eliminating face-to-face
interview requirements and requiring
prepopulated electronic renewal forms, to
ensure eligible individuals are automatically
enrolled in and retain access to such benefit
programs;
(v) develop guidance for covered entities
and business associates of such entities as
such terms are defined in section 160.103 of
title 45, Code of Federal Regulations, on
providing telehealth in compliance with HIPAA
privacy regulation (as defined in section
1180(b)(3) of the Social Security Act) to
improve patient experience and convenience
following the end of the COVID-19 public health
emergency; and
(vi) test methods to automate patient
access to electronic prenatal, birth, and
postpartum health records (including laboratory
results, genetic tests, ultrasound images, and
clinical notes) to improve patient experiences
in maternity care and health outcomes;
(G) the Secretary of Education shall--
(i) submit to Congress a plan for providing
eligible recipients of Federal financial aid
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), with the option
to receive information about relevant
recommendations for benefits and services
provided by the Federal Government that such
recipients may qualify for (including
healthcare subsidies, broadband support, and
food assistance) to connect such recipients
with support to lower additional economic
barriers to postsecondary education completion;
and
(ii) design and make available to the
public a centralized loan repayment portal
through the website of the Department of
Education that enables a borrower of any loan
made under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et
seq.), regardless of loan servicer, to make
payments on such loan;
(H) the Secretary of Veterans Affairs shall provide
digital services through a single, integrated, and
equitable digital platform on VA.gov and an appropriate
mobile application of the Department of Veterans
Affairs;
(I) the Secretary of Homeland Security shall design
and deliver--
(i) innovative technologies at airport
security checkpoints to reduce passenger wait
times;
(ii) new opportunities for customers to
connect with the Transportation Security
Administration, including as appropriate,
through--
(I) online chat;
(II) improved communications during
additional screenings; and
(III) additional mechanisms to
provide customer feedback; and
(iii) a streamlined, online disaster
assistance application;
(J) the Administrator of the Small Business
Administration shall develop and implement a
streamlined, online disaster assistance application;
(K) the Commissioner of Social Security shall--
(i) develop a mobile-accessible, online
process so that any individual applying for or
receiving services from the Social Security
Administration can upload forms, documentation,
evidence, or correspondence associated with
their transaction without the need for service-
specific tools or traveling to a field office;
(ii) consistent with applicable law and to
the extent practicable, maintain a public
policy of technology neutrality with respect to
acceptable forms of electronic signatures;
(iii) consistent with applicable law and to
the extent practicable, revise any necessary
regulations, forms, instructions, or other
sources of guidance (to include the Program
Operations Manual System of the Social Security
Administration) to remove requirements that
members of the public provide physical
signatures; and
(iv) to the maximum extent permitted by
law, support applicants and beneficiaries to
identify other benefits for which they may be
eligible and integrate Social Security
Administration data and processes with those of
other Federal and State entities whenever
possible;
(L) the Secretary of Veterans Affairs and the
Administrator of General Services shall collaborate to
provide seamless integration of Login.gov accounts to
allow customers to access any websites and applications
of the Department, and other customer-facing digital
products and to eliminate outdated and duplicate
customer sign-in options;
(M) the Secretary of the Treasury, the Secretary of
Defense, the Secretary of Education, and the Director
of the Office of Personnel Management shall collaborate
to enable a more streamlined Public Service Loan
Forgiveness process for eligible borrowers, including
those who serve in the United States Armed Forces or as
civil servants, or who work for eligible nonprofit
organizations;
(N) the Director of OMB, acting through the
Administrator of the United States Digital Service,
shall collaborate with agencies in the executive branch
and Tribal governments to conduct research and document
challenges related to accessing grant programs to which
the Tribal governments are entitled, and shall propose
ways to streamline processes and reduce administrative
burdens for Tribal government customers; and
(O) the Director of OMB, acting through the
Administrator of the United States Digital Service, the
Administrator of General Services, and the Postmaster
General, shall develop ways to update mailing address
records across Government so that members of the public
may change their respective mailing addresses for
purposes of all Government services only once, through
the United States Postal Service.
(2) Ongoing accountability for improving federal service
delivery and improving trust in government.--Not later than 180
days after the date of the enactment of this Act, and every 90
days thereafter--
(A) the head of each agency subject to a
requirement under subsection (a) shall certify in
writing to the Director of OMB that the requirement has
been satisfied; and
(B) the Director of OMB shall--
(i) in coordination with each head of an
agency identified under paragraph (1), submit
in writing to Congress, reports on the status
of the progress of agencies in satisfying the
requirements required by subsection (a), until
such time as those requirements have been
satisfied; and
(ii) with respect to each agency subject to
a requirement under subsection (a), certify in
writing to Congress that the head of each
agency has satisfied the requirement.
(c) OMB Guidance.--
(1) Agency customer experience initiatives.--Not later than
270 days after the date of the enactment of this Act, the
Director of OMB shall designate a team of individuals within
the Office of Management and Budget to lead and support
agencies initiatives to improve public perception of agency
interactions, including by facilitating the decision-making
processes of such agencies that are needed to--
(A) achieve the purposes of this Act;
(B) coordinate the activities of high impact
service providers as described in this Act; and
(C) develop strategies for the integration of
services and development of products involving multiple
agencies as described in this Act.
(2) Guidance of omb.--Not later than 1 year after the
enactment of this Act, the Director of OMB shall update
guidance issued by the Director and supporting processes (such
as information collection reviews or data sharing approvals) as
necessary and applicable, to implement the provisions of this
Act.
(d) Definitions.--In this Act:
(1) Customer.--The term ``customer'' means any person or
governmental entity that interacts with an agency of the
executive branch, either directly or through a federally funded
program administered by a contractor, nonprofit, State or local
government, or other entity of the Federal Government/executive
branch.
(2) Public perception of agency interactions.--The term
``public perception of agency interactions'' means the
perception of the public regarding interactions with the
agency, including interactions with the agency through a
contractor, non-profit, or other Federal entity, and the
overall satisfaction of the public regarding such interactions.
(3) Director of omb.--The term ``Director of OMB'' means
the Director of the Office of Management and Budget.
(4) Service delivery.--The term ``service delivery'' means,
with respect to all points of the agency-to-customer delivery
process, an action of the agency related to providing a benefit
or service to a customer of such entity, including providing a
benefit or service to a customer that is related to an
application for a benefit or loan, health care or small
business counseling, requests for documents, such as a passport
or Social Security card, filing taxes or declaring a good,
using resources such as a park or historical site, or seeking
information such as notices about public health or consumer
protection.
<all>
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118HR269 | To authorize an additional district judgeship for the district of Idaho. | [
[
"S001148",
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"sponsor"
],
[
"F000469",
"Rep. Fulcher, Russ [R-ID-1]",
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]
] | <p>This bill increases from two to three the total number of U.S. district court judgeships for the District of Idaho. The President must appoint, with the advice and consent of the Senate, one additional judge for that judicial district.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 269 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 269
To authorize an additional district judgeship for the district of
Idaho.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Simpson (for himself and Mr. Fulcher) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize an additional district judgeship for the district of
Idaho.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate, 1 additional district judge for the
district of Idaho.
(b) Technical and Conforming Amendment.--In order that the table
contained in section 133(a) of title 28, United States Code, will
reflect the change in the number of judgeships authorized by subsection
(a), such table is amended by striking the item relating to Idaho and
inserting the following:
``Idaho.................................................... 3''.
<all>
</pre></body></html>
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118HR2690 | Ending PUSHOUT Act of 2023 | [
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[
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2690 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2690
To reduce exclusionary discipline practices in schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Pressley (for herself, Ms. Omar, Mrs. Watson Coleman, Mrs. Beatty,
Mr. Bowman, Ms. Clarke of New York, Ms. Adams, Mr. Casar, Ms. Jacobs,
Ms. Tlaib, Mr. Carter of Louisiana, Ms. Ocasio-Cortez, Mr. Johnson of
Georgia, Ms. Lee of California, Ms. Velazquez, Ms. Meng, Mr. Green of
Texas, Mr. Trone, Ms. Jayapal, and Mr. DeSaulnier) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To reduce exclusionary discipline practices in schools, 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 ``Ending Punitive, Unfair, School-
based Harm that is Overt and Unresponsive to Trauma Act of 2023'' or
the ``Ending PUSHOUT Act of 2023''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) strengthen data collection related to exclusionary
discipline practices in schools and the discriminatory
application of such practices, which disproportionately pushes
students of color, particularly girls of color, out of school;
(2) eliminate the discriminatory use and overuse of
exclusionary discipline practices based on actual or perceived
race, ethnicity, color, national origin, sex (including sexual
orientation, gender identity, pregnancy, childbirth, a medical
condition related to pregnancy or childbirth, parenting status,
or other stereotype related to sex), or disability;
(3) eliminate all unnecessary loss of instructional time
due to unsound or excessive use of formal and informal
disciplinary removal from instructional settings; and
(4) prevent the criminalization and pushout of students
from school, especially Black and Brown girls, as a result of
educational barriers that include discrimination,
adultification, punitive discipline policies and practices, and
a failure to recognize and support students with mental health
needs or experiencing trauma.
SEC. 3. DEFINITIONS.
In this Act:
(1) Act of insubordination.--The term ``act of
insubordination'' means an act that disrupts a school activity
or instance when a student willfully defies the valid authority
of a school official.
(2) Appearance or grooming policy.--The term ``appearance
or grooming policy'' means any practice, policy, or portion of
a student conduct code that governs or restricts the appearance
of students, including policies that--
(A) restrict or prescribe clothing that a student
may wear (including hijabs, headwraps, or bandanas);
(B) restrict specific hair styles (such as braids,
locs, twists, Bantu knots, cornrows, extensions, or
afros); or
(C) restrict whether or how a student may apply
make-up, nail polish, or other cosmetics.
(3) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by a licensed
physician or other qualified health professional acting
under the scope of the authority of a health
professional under State law.
(4) Corporal punishment.--The term ``corporal punishment''
means, with respect to a student, a deliberate act which causes
the student to feel physical pain for the purpose of
discipline, including an act of physical force, such as
striking, spanking, or paddling, inflicted on a student's body,
requiring a student to assume a painful physical position, or
the use of chemical sprays, electroshock weapons, or stun guns
on a student's body.
(5) Culturally sustaining.--The term ``culturally
sustaining'' describes educational practices that encourage
students to bring their cultural and linguistic assets and life
experiences to a school community. Culturally sustaining
practices incorporate those assets and experiences into
coursework and the social fabric of a school.
(6) Direct supervision.--The term ``direct supervision''
means a student is physically in the same location as a school
official and such student is under the care of the school
official or school.
(7) Disability.--The term ``disability'' means a mental or
physical disability that meets the conditions set forth in
clauses (i) and (ii) of section 602(3)(A) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and
(ii)) or in section 504 of the Rehabilitation Act (29 U.S.C.
794).
(8) Disciplinary alternative school.--The term
``disciplinary alternative school'' means a short- or long-term
educational setting to which a student is sent for disciplinary
or behavioral reasons for a specified amount of time before
being allowed to return to their regular school setting.
(9) Elementary and secondary education act terms.--The
terms ``elementary school'', ``English learner'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' has the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(10) Exclusionary discipline.--The term ``exclusionary
discipline'' describes school policies and practices, whether
formal or informal action of school officials or by law
enforcement, used to discipline students by removing them from
their regular learning environment.
(11) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual regardless of
the designated sex at birth of the individual.
(12) Informal removal.--The term ``informal removal'' means
an administrative removal of a student from the learning
environment for part or all of the school day, or an indefinite
period of time, without documenting the removal as a suspension
or expulsion or engaging in formalized disciplinary processes.
(13) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(14) In-school suspension.--The term ``in-school
suspension'' means an instance in which a student is
temporarily removed from a regular classroom for at least half
a day but remains under the direct supervision of a school
official.
(15) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student'' for ``resident''.
(16) Multi-tiered system of supports.--The term ``multi-
tiered system of supports'' means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response
to the needs of students, with regular observation to
facilitate data-based instructional decision making.
(17) Out-of-school suspension.--The term ``out-of-school
suspension'' means an instance in which a student is excluded
from their school for disciplinary reasons by temporarily being
removed from regular classes to another setting, including a
home, virtual school placement, alternative school placement,
disciplinary alternative school, or behavior center, regardless
of whether such disciplinary removal is deemed as a suspension
by school officials.
(18) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(19) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(20) Positive behavioral interventions and supports.--The
term ``positive behavioral interventions and supports'' means a
schoolwide, systematic approach that embeds evidence-based
practices and data-driven decision-making to improve school
climate and culture in order to achieve improved academic and
social outcomes and increase learning for all students
(including students with the most complex and intensive
behavioral needs) and encompasses a range of systemic and
individualized positive strategies to teach and reinforce
school-expected behaviors, while discouraging and diminishing
undesirable behaviors.
(21) Pushout.--The term ``pushout'' means an instance when
a student leaves elementary, middle or secondary school,
including a forced transfer to another school, prior to
graduating secondary school due to overuse of exclusionary
discipline practices, failure to address trauma or other mental
health needs, discrimination, or other educational barriers
that do not support or promote the success of a student.
(22) School-based law enforcement officer.--The term
``school-based law enforcement officer'' means an individual
who--
(A) is--
(i) assigned by a law enforcement agency to
a secondary or elementary school or local
educational agency;
(ii) contracting with a secondary or
elementary school or local educational agency;
or
(iii) employed by a secondary or elementary
school or local educational agency;
(B) has the legal power to detain, arrest, issue a
citation, perform a custodial investigation, or refer a
person to a criminal or juvenile court;
(C) meets the definition of a law enforcement
personnel under State law; or
(D) may be referred to as a ``school resource
officer'', a ``sworn law enforcement officer'', or a
``school police officer''.
(23) School official.--The term ``school official'' means
an educator, school principal, administrator, or other
personnel, not considered school-based law enforcement, engaged
in the performance of duties with respect to a school.
(24) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
where the student is physically prevented from leaving, and
does not include a time out.
(25) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(26) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365(h)(3)
of title 18, United States Code.
(27) Sexual orientation.--The term ``sexual orientation''
means how a person identifies in terms of their emotional,
romantic, or sexual attraction, and includes identification as
straight, heterosexual, gay, lesbian, or bisexual, among other
terms.
(28) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students who qualify as ``a child with a
disability'' as that term is defined under section 602(3)(A)(i)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(3)(A)(i)) or are subject to section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(29) Threat assessment.--The term ``threat assessment''
means actions consisting of referrals or meetings initiated by
a member of school staff, administrator, school counselor, or
educator that include law enforcement officers to assess
whether a student constitutes a threat or risk to self or
others.
(30) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
(31) Trauma-informed services.--The term ``trauma-informed
services'' means a service delivery approach that--
(A) recognizes and responds to the impacts of
trauma with evidence-based supports and intervention;
(B) emphasizes physical, psychological, and
emotional safety for both providers of services and
survivors of trauma; and
(C) creates opportunities for survivors of trauma
to rebuild a sense of healing and empowerment.
(32) Zero-tolerance policy.--The term ``zero-tolerance
policy'' is a school discipline policy that results in an
automatic disciplinary consequence, including out-of-school
suspension, expulsion, and involuntary school transfer.
SEC. 4. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO
EXCLUSIONARY DISCIPLINE IN SCHOOLS.
(a) In General.--The Assistant Secretary for Civil Rights shall
annually carry out data collection, while maintaining appropriate
safety and privacy standards, authorized under section 203(c)(1) of the
Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which
shall include data with respect to students enrolled in a public
preschool, elementary, or secondary school (including traditional
public, charter, virtual, special education school, and alternative
schools or placements) who received the following disciplinary actions
during the preceding school year:
(1) Suspension (including the classification of the
suspension as in-school suspension or out-of-school
suspension), which shall include data with respect to--
(A) the number of students who were suspended,
disaggregated and cross-tabulated by type of suspension
and by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 10 794));
(vii) English learner status;
(viii) foster care status;
(ix) housing status, to the extent
possible;
(x) Tribal citizenship or descent, in the
first or second degree, of an Indian Tribe, to
the extent possible; and
(xi) pregnant and parenting student status,
to the extent possible;
(B) the number and length of suspensions;
(C) the reason for each such suspension,
including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance policy,
dress code, or grooming policy;
(iii) an act of insubordination;
(iv) willful defiance; and
(v) a violation of a school code of
conduct; and
(D) the number of days of lost instruction due to
each out-of-school and in-school suspension.
(2) Expulsion, including agreements to withdraw a child
from school in lieu of an expulsion process, which shall
include data with respect to--
(A) the number of students who were expelled,
disaggregated and cross-tabulated as outlined under
clauses (i) through (xi) of subsection (a)(1)(A); and
(B) the reason for each such expulsion, including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance policy,
dress code, or grooming policy;
(iii) an act of insubordination, willful
defiance, or violation of a school code of
conduct;
(iv) the use of profane or vulgar language;
(v) an act of insubordination; and
(vi) a violation of a school code of
conduct.
(3) The number of students subject to an out-of-school
transfer to a different school, including alternative education
placements or a virtual school, disaggregated and cross-
tabulated as outlined under clauses (i) through (xi) of
subsection (a)(1)(A), and the primary reason for each such
transfer.
(4) The number of students subject to a referral to law
enforcement or threat assessment process, disaggregated and
cross-tabulated as outlined under clauses (i) through (xi) of
subsection (a)(1)(A), including the primary reason for each
such referral, and whether such referral resulted in an arrest.
(5) The number of students arrested at school, including at
school-sponsored activities, disaggregated and cross-tabulated
as outlined under clauses (i) through (xi) of subsection
(a)(1)(A), and the primary reason for such arrest.
(6) The number of students subject to a referral to or
placement in a residential facility, including for temporary or
short-term holds (such as 48-hour or 72-hour holds)
disaggregated and cross-tabulated as outlined under clauses (i)
through (xi) of subsection (a)(1)(A).
(7) The number of students subject to placement in juvenile
or criminal legal confinement or other institutionalized
settings, including diversion to arrest programs and mental and
psychiatric programs, disaggregated and cross-tabulated as
outlined under clauses (i) through (xi) of subsection
(a)(1)(A).
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary for Civil Rights shall submit to Congress a
report on the data collected under subsection (a).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) identify, with respect to the data collected
under subsection (a), schools, local educational
agencies, and States that demonstrate a pattern of the
overuse and discriminatory use of exclusionary
disciplinary practices;
(B) be disaggregated and cross tabulated, except
that such disaggregation shall not be required in the
case of a State, local educational agency, or a school
in which the number of students in a subgroup is
insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student,
by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794));
(vii) English learner status;
(viii) foster care status;
(ix) housing status, to the extent
possible;
(x) Tribal citizenship or descent, in the
first or second degree, of an Indian Tribe; and
(xi) pregnant and parenting student status,
to the extent possible;
(C) be publicly accessible in multiple languages,
accessibility formats, and provided in a language that
parents, families, and community members can
understand; and
(D) be presented in a manner that protects the
privacy of individuals consistent with the requirements
of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the ``Family
Educational Rights and Privacy Act of 1974''.
SEC. 5. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.
(a) In General.--The Secretary shall award grants (which shall be
known as the ``Healing School Climate Grants''), on a competitive
basis, to eligible entities for the purpose of reducing the overuse and
discriminatory use of exclusionary discipline practices and policies in
schools.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) one or more local educational agencies (who may be
partnered with a State educational agency), including a public
charter school that is a local educational agency under State
law or local educational agency operated by the Bureau of
Indian Education; or
(2) a nonprofit organization (defined as an organization
described in section 501(c)(3) of the Internal Revenue Code,
which is exempt from taxation under section 501(a) of such
Code) with a track record of success in improving school
climates and supporting students.
(c) Application.--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 an assurance that the eligible entity shall
prioritize schools with high rates of disparities in exclusionary
discipline, such as suspensions, expulsions, law enforcement referrals,
and school-based arrests, for students of color, students with
disabilities, LGBTQI+ students, English language learners, students
experiencing homelessness, students involved in the foster care system,
and students living at the intersections of these identities, and
historical patterns of disparities in exclusionary school discipline.
The Secretary shall make applications publicly accessible in an
appropriate digital format.
(d) Program Requirement.--An eligible entity that receives a grant
under subsection (a) shall prohibit the use of--
(1) out-of-school suspension or expulsion for any student
in preschool through grade 5 for incidents that do not involve
serious physical injury;
(2) out-of-school suspension or expulsion for any student
in preschool through grade 12 for insubordination, willful
defiance, vulgarity, truancy, tardiness, chronic absenteeism,
or as a result of a violation of a grooming or appearance
policy;
(3) corporal punishment;
(4) seclusion;
(5) a mechanical or chemical restraint on a student; or
(6) a physical restraint or physical escort that is life
threatening, that restricts breathing, or that restricts blood
flow to the brain, including prone and supine restraint, on a
student, except when each of the following requirements are
met:
(A) The student's behavior poses an imminent danger
of serious physical injury to the student, program
personnel, or another individual.
(B) Before using physical restraint, less
restrictive interventions would be ineffective in
stopping such imminent danger of serious physical
injury.
(C) Such physical restraint is imposed by--
(i) program personnel trained and certified
by a State-approved crisis intervention
training program; or
(ii) program personnel not trained and
certified as described in clause (i), in the
case of a rare and clearly unavoidable
emergency circumstance when program personnel
certified as described in clause (i) is not
immediately available due to the unforeseeable
nature of the emergency circumstance.
(D) Such physical restraint ends immediately upon
the cessation of the imminent danger of serious
physical injury to the student, any program personnel,
or another individual.
(E) The physical restraint does not interfere with
the student's ability to communicate in the student's
primary language or primary mode of communication.
(F) During the physical restraint, the least amount
of force necessary is used to protect the student or
others from the threatened injury.
(G) The physical restraint does not affect or
interfere with, with respect to a student, a
disability, health care needs, or a medical or
psychiatric condition documented in a--
(i) health care directive or medical
management plan;
(ii) a behavior intervention plan;
(iii) an individualized education program
or an individualized family service plan (as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401));
or
(iv) another relevant record made available
to the State or eligible entity involved.
(e) Use of Funds.--
(1) Required uses.--An eligible entity that receives a
grant under this section shall use funds to--
(A) evaluate the current discipline policies of
schools under the eligible entity and, in partnership
with students (including girls of color), the family
members of students, and the local community of such
school, develop discipline policies for such schools to
ensure that such policies are not exclusionary or
discriminately applied toward students;
(B) provide training and professional development
for school officials to avoid or address the overuse
and discriminatory disproportionate use of exclusionary
discipline practices in schools and to create awareness
of implicit and explicit bias and use culturally
sustaining practices, including training in--
(i) identifying and providing support to
students who may have experienced or are at
risk of experiencing trauma or have other
mental health needs;
(ii) administering and responding to
assessments on adverse childhood experiences;
(iii) providing student-centered, trauma-
informed services and positive behavior
management interventions that create safe and
supportive school climates;
(iv) using restorative practices;
(v) using culturally and linguistically
responsive intervention strategies;
(vi) developing social and emotional
learning competencies; and
(vii) increasing student engagement and
improving dialogue between students and
educators;
(C) implement and evaluate evidence-based
alternatives to suspension or expulsion, including--
(i) multi-tier systems of support, such as
positive behavioral interventions and supports;
(ii) social, emotional, and academic
learning strategies designed to engage students
and avoid escalating conflicts; and
(iii) other data-driven approaches to
improving school environments;
(D) improve behavioral and academic outcomes for
students by creating a safe and supportive learning
environment and school climate, which may include--
(i) restorative practices with respect to
improving relationships among students, school
officials, and members of the local community,
which may include partnering with local mental
health agencies or nonprofit organizations;
(ii) access to mentors and peer-based
support programs;
(iii) extracurricular programs, including
sports and art programs;
(iv) social and emotional learning
strategies designed to engage students and
avoid escalating conflicts;
(v) access to counseling, mental health
programs, and trauma-informed services,
including suicide prevention programs; and
(vi) access to culturally responsive
curricula that affirms the history and
contributions of traditionally marginalized
people and communities;
(E) hire social workers, school counselors, trauma-
informed care personnel, and other mental health
personnel who shall not serve as proxies for school-
based law enforcement officers; and
(F) support the development, delivery, and analysis
of school climate surveys.
(2) Prohibited uses.--An eligible entity that receives a
grant under this section may not use funds to--
(A) hire or retain school-based law enforcement
personnel, including school resource officers;
(B) purchase, maintain, or install surveillance
equipment, including metal detectors or software
programs that monitor or mine the social media use or
technology use of students;
(C) arm educators, principals, school leaders, or
other school personnel; and
(D) enter into formal or informal partnerships or
data and information sharing agreements with--
(i) the Secretary of Homeland Security,
including agreements with U.S. Immigration and
Customs Enforcement or U.S. Customs and Border
Protection; or
(ii) State, local, or other law enforcement
agencies, including partnerships that allow for
hiring of school-based law enforcement.
(f) Technical Assistance.--The Secretary, in carrying out
subsection (a), may reserve not more than 2 percent of funds to provide
technical assistance to eligible entities, which may include--
(1) support for data collection, compliance, and analysis
of the activities of the program authorized under subsection
(a); and
(2) informational meetings and seminars with respect to the
application process under subsection (c).
(g) Report by Grantees.--Not later than one year after the date of
enactment of this section, an eligible entity receiving a grant under
this section shall submit to the Secretary, and to the public, a report
on the activities funded through the grant. The Secretary shall make
each such report publicly accessible in an appropriate digital format.
Such report shall include, at a minimum, a description of--
(1) the evaluation methods of disciplinary practices prior
to the grant;
(2) training and professional development services provided
for school officials, including school-based law enforcement
officers, to address discriminatory discipline practices,
implicit and explicit bias, and other uses described in
subsection (e)(1);
(3) aggregated and de-identified behavioral, social
emotional, and academic outcomes experience by students;
(4) any instance of physical restraint used on a student
with an explanation of a circumstance described in subsection
(d)(6);
(5) the number of students who were referred to some form
of alternative practice described in subsection (e)(1)(C);
(6) disaggregated data on students suspended, expelled,
arrested at school, and referred to the juvenile or criminal
legal system, except that such disaggregation shall not be
required in the case of a State, local educational agency, or a
school in which the number of students in a subgroup is
insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about
an individual student, cross tabulated by--
(A) reason for disciplinary action;
(B) type and length of disciplinary action;
(C) grade level;
(D) race;
(E) ethnicity;
(F) sex (including to the extent possible, sexual
orientation and gender identity);
(G) low-income status;
(H) disability status;
(I) English learner status;
(J) foster care status;
(K) housing status, to the extent possible;
(L) Tribal citizenship or descent, in the first or
second degree, of an Indian Tribe; and
(M) pregnant and parenting student status, to the
extent possible; and
(7) any other information required by the Secretary.
SEC. 6. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.
(a) Establishment.--The Secretary and the Secretary of Health and
Human Services shall establish and operate a joint task force to end
school pushout (in this section referred to as the ``Joint Task
Force'').
(b) Composition.--
(1) Chairs.--The Secretary and the Secretary of Health and
Human Services shall chair the Joint Task Force.
(2) Members.--
(A) In general.--The Joint Task Force shall include
21 total members and be composed of--
(i) 6 students, including 2 Black, Brown,
and Indigenous girls;
(ii) 2 educators;
(iii) 3 parents, including foster parents,
legal guardians, and caregivers with children
enrolled in public school;
(iv) 3 public school officials;
(v) 3 representatives from the civil rights
community, including civil rights and
disability organizations;
(vi) 2 psychologists, social workers,
trauma-informed personnel, and other mental
health professionals with expertise in child
and adolescent development; and
(vii) 2 researchers with experience in
behavioral intervention with children and
youth.
(B) Law enforcement officers.--The Joint Task Force
shall not include law enforcement officers.
(3) Advisory members.--In addition to the members under
paragraph (2), the Assistant Attorney General of the Civil
Rights Division of the Department of Justice and the Director
of the Bureau of Indian Education shall be advisory members of
the Joint Task Force.
(4) Member appointment.--Not later than 60 days after the
date of the enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall appoint the
members of the Joint Task Force--
(A) in accordance with paragraph (2);
(B) using a competitive application process; and
(C) with consideration to the racial, ethnic,
gender, disability, and geographic diversity of the
Joint Task Force.
(c) Study and Recommendations.--The Joint Task Force shall--
(1) conduct a study to--
(A) identify causes for disparities in school
discipline administration that push girls of color out
of schools;
(B) identify best practices for reducing the
overuse and discriminatory use of exclusionary
discipline practices;
(C) identify interventions and accountability for
local and State educational agencies when disparities
in school discipline are found; and
(D) determine to what extent exclusionary
discipline practices contribute to the criminalization
of--
(i) girls of color;
(ii) English learners;
(iii) Indigenous girls;
(iv) LGBTQI+ students;
(v) students experiencing homelessness;
(vi) students involved in the foster care
system; and
(vii) students with disabilities; and
(2) develop recommendations based on the study conducted
under paragraph (1).
(d) Report.--Not later than 360 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary and the
Secretary of Health and Human Services shall submit to Congress a
report on the recommendations under subsection (c)(2). The report shall
be--
(1) available to the public through the public website of
the Department of Health and Human Services and by request;
(2) accessible in accordance with the requirements of the
American with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
(3) available in multiple languages.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated
$500,000,000 for each fiscal year after the date of enactment of this
Act to carry out sections 5 and 6.
(b) Additional Funding to the Office for Civil Rights.--There is
authorized to be appropriated $500,000,000 for each fiscal year after
the date of enactment of this Act to carry out section 4.
<all>
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118HR2691 | Transparent PRICE Act | [
[
"M001159",
"Rep. McMorris Rodgers, Cathy [R-WA-5]",
"sponsor"
],
[
"P000034",
"Rep. Pallone, Frank, Jr. [D-NJ-6]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2691 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2691
To promote hospital and insurer price transparency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mrs. Rodgers of Washington (for herself and Mr. Pallone) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To promote hospital and insurer price transparency.
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 ``Transparent Prices Required to
Inform Consumer and Employers Act'' or the ``Transparent PRICE Act''.
SEC. 2. PRICE TRANSPARENCY REQUIREMENTS.
(a) In General.--Section 2718(e) of the Public Health Service Act
(42 U.S.C. 300gg-18(e)) is amended--
(1) by striking ``Each hospital'' and inserting the
following:
``(1) In general.--Each hospital'';
(2) by inserting ``, in plain language without subscription
and free of charge, in a consumer-friendly, machine-readable
format,'' after ``a list''; and
(3) by adding at the end the following: ``Beginning January
1, 2024, each hospital shall include in its list of standard
charges, along with such additional information as the
Secretary may require with respect to such charges for purposes
of promoting public awareness of hospital pricing in advance of
receiving a hospital item or service, as applicable, the
following:
``(A) A description of each item or service
provided by the hospital, accompanied by, as
applicable, the Current Procedural Terminology (CPT)
code, the Healthcare Common Procedure Coding System
(HCPCS) code, the Diagnosis Related Group (DRG), the
National Drug Code (NDC), or other payer identifier
used or approved by the Centers for Medicare & Medicaid
Services.
``(B) The gross charge, expressed as a dollar
amount, for each such item or service, when provided
in, as applicable, the hospital inpatient setting and
outpatient department setting.
``(C) Any current payer-specific negotiated
charges, clearly associated with the name of the third
party payer and plan and expressed as a dollar amount,
that applies to each item or service when provided in,
as applicable, the hospital inpatient setting and
outpatient department setting.
``(D) The discounted cash price, expressed as a
dollar amount, for each such item or service when
provided in, as applicable, the hospital inpatient
setting and outpatient department setting. If the
discounted cash price is a percentage of another value
provided, the calculated value must be entered as a
dollar amount. If the discounted cash price equates to
the gross charge, the gross charge shall be re-entered
to indicate that no cash discount is available.
``(E) The average negotiated rate and acquisition
cost paid by the hospital for each drug or biological
product--
``(i) for which payment would be made under
part B of title XVIII of the Social Security
Act if the individual administered such drug or
biological product were enrolled under such
part B; and
``(ii) that is administered by the hospital
or an entity with a direct financial
relationship to the hospital during the
previous year,
which, in the case of such a drug or biological product
that is first administered in the hospital during the
previous 12-month period, shall be included in such
list of standard charges beginning not later than 30
days after the date of such first administration.
``(2) Delivery methods and use.--
``(A) In general.--Each hospital shall make public
the standard charges described in paragraph (1) for as
many of the 70 Centers for Medicare & Medicaid
Services-specified shoppable services that are provided
by the hospital, and as many additional hospital-
selected shoppable services as may be necessary for a
combined total of at least 300 shoppable services,
including the rate at which a hospital provides and
bills for that shoppable service. If a hospital does
not provide 300 shoppable services in accordance with
the previous sentence, the hospital shall make public
the information specified under paragraph (1) for as
many shoppable services as it provides.
``(B) Determination by cms.--With respect to a year
before 2025, a hospital shall be deemed by the Centers
for Medicare & Medicaid Services to meet the
requirements of subparagraph (A) if the hospital
maintains an internet-based price estimator tool that
meets the following requirements:
``(i) The tool provides estimates for as
many of the 70 specified shoppable services
that are provided by the hospital, and as many
additional hospital-selected shoppable services
as may be necessary for a combined total of at
least 300 shoppable services.
``(ii) The tool allows health care
consumers to, at the time they use the tool,
obtain an estimate of the amount they will be
obligated to pay the hospital for the shoppable
service.
``(iii) The tool is prominently displayed
on the hospital's website and easily accessible
to the public, without subscription, fee, or
having to submit personal identifying
information (PII), and searchable by service
description, billing code, and payer.
``(3) Uniform method and format.--Not later than January 1,
2025, the Secretary shall implement a standard, uniform method
and format for hospitals to use in order to satisfy the
requirements of this subsection for disclosing directly to the
public charge and price information. Such method and format may
be similar to any template established by the Centers for
Medicare & Medicaid Services as of the date of the enactment of
this paragraph for reporting such information under this
subsection and shall meet such standards as determined
appropriate by the Secretary.
``(4) Monitoring of pricing information.--The Secretary, in
consultation with the Inspector General of the Department of
Health and Human Services, shall, through notice and comment
rulemaking, establish a process to regularly monitor the
accuracy and validity of pricing information displayed by each
hospital pursuant to paragraph (1).
``(5) Definitions.--Notwithstanding any other provision of
law, for the purpose of paragraphs (1) and (2):
``(A) De-identified maximum negotiated charge.--The
term `de-identified maximum negotiated charge' means
the highest charge that a hospital has negotiated with
all third party payers for an item or service.
``(B) De-identified minimum negotiated charge.--The
term `de-identified minimum negotiated charge' means
the lowest charge that a hospital has negotiated with
all third party payers for an item or service.
``(C) Discounted cash price.--The term `discounted
cash price' means the charge that applies to an
individual who pays cash, or cash equivalent, for a
hospital item or service. Hospitals that do not offer
self-pay discounts may display the hospital's
undiscounted gross charges as found in the hospital
chargemaster.
``(D) Gross charge.--The term `gross charge' means
the charge for an individual item or service that is
reflected on a hospital's chargemaster, absent any
discounts.
``(E) Payer-specific negotiated charge.--The term
`payer-specific negotiated charge' means the charge
that a hospital has negotiated with a third party payer
for an item or service.
``(F) Shoppable service.--The term `shoppable
service' means a service that can be scheduled by a
health care consumer in advance.
``(G) Standard charges.--The term `standard
charges' means the regular rate established by the
hospital for an item or service, including both
individual items and services and service packages,
provided to a specific group of paying patients,
including the gross charge, the payer-specific
negotiated charge, the discounted cash price, the de-
identified minimum negotiated charge, the de-identified
maximum negotiated charge, and other rates determined
by the Secretary.
``(H) Third party payer.--The term `third party
payer' means an entity that is, by statute, contract,
or agreement, legally responsible for payment of a
claim for a health care item or service.
``(6) Enforcement.--
``(A) In general.--In the case of a hospital that
fails to provide the information required by this
subsection--
``(i) the Secretary shall notify such
hospital of such failure not later than 30 days
after the date on which the Secretary
determines such failure exists; and
``(ii) not later than 90 days after the
date of such notification, the hospital shall
complete a corrective action plan to comply
with such requirements.
``(B) Civil monetary penalty.--
``(i) In general.--In addition to any other
enforcement actions or penalties that may apply
under subsection (b)(3) or another provision of
law, a hospital that has received a
notification under subparagraph (A)(i) and
fails to satisfy the requirement under
subparagraph (A)(ii) or otherwise comply with
the requirements of this subsection not later
than 90 days after such notification, shall be
subject to a civil monetary penalty of an
amount--
``(I) in the case the hospital
provides not more than 30 beds (as
determined under section
180.90(c)(2)(ii)(D) of title 45, Code
of Federal Regulations, as in effect on
the date of the enactment of this
paragraph), not to exceed $300 per day
that the violation is ongoing as
determined by the Secretary; and
``(II) in the case the hospital
provides more than 30 beds (as so
determined), equal to--
``(aa) subject to item
(bb), $10 per bed per day that
the violation is ongoing as
determined by the Secretary,
but for violations occurring
before January 1, 2024, not to
exceed $5,500 per each such
day; or
``(bb) in the case such
hospital has failed to satisfy
the requirement under
subparagraph (A)(ii) or
otherwise comply with the
requirements of this subsection
for any continuous 1-year
period beginning on or after
January 1, 2024, and the amount
otherwise imposed under item
(aa) for such failure for such
period would be less than
$5,000,000, an amount not less
than $5,000,000.
``(ii) Increase authority.--In applying
this subparagraph with respect to violations
occurring in 2025 or a subsequent year, the
Secretary may through notice and comment
rulemaking increase any dollar amount applied
under this subparagraph by an amount specified
by the Secretary.
``(iii) Application of certain
provisions.--The provisions of section 1128A of
the Social Security Act (other than subsections
(a) and (b) of such section) shall apply to a
civil monetary penalty imposed under clause (i)
in the same manner as such provisions apply to
a civil monetary penalty imposed under
subsection (a) of such section.''.
(b) Publication of List of Hospitals.--
(1) List of hospitals.--Beginning not later than 90 days
after the date of enactment of this Act, the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall establish and maintain a publicly
available list, on the website of the Centers for Medicare &
Medicaid Services and updated in real time, of--
(A) each hospital that--
(i) is not in compliance with the hospital
price transparency rule implementing section
2718(e) of the Public Health Service Act (42
U.S.C. 300gg-18(e)), and that, with respect to
such noncompliance--
(I) has been issued a civil
monetary penalty;
(II) has received a warning notice;
or
(III) has received a request for a
corrective action plan; or
(ii) has received any written communication
by the Secretary regarding potential
noncompliance with such hospital price
transparency rule; and
(B) each hospital that is in compliance with
respect to such hospital price transparency rule and
has not received any written communication described in
paragraph (1)(B).
(2) Foia requests.--Any penalty, notice, request, or other
communication described in subsection (a) shall be subject to
public disclosure, in full and without redaction, under section
552 of title 21, United States Code, notwithstanding any
exemptions or exclusions otherwise available under such section
552.
(3) Reports to congress.--Not later than 1 year after the
date of enactment of this Act and each year thereafter, the
Secretary of Health and Human Services shall submit to
Congress, and make publicly available, a report that contains
information regarding complaints of alleged violations of law
and enforcement activities by the Secretary under the hospital
price transparency rule implementing section 2718(e) of the
Public Health Service Act (42 U.S.C. 300gg-18(e)). Such report
shall be made available to the public on the website of the
Centers for Medicare & Medicaid Services. Each such report
shall include, with respect to the year involved--
(A) the number of compliance and enforcement
inquiries opened by the Secretary pursuant to such
section;
(B) the number of notices of noncompliance issued
by the Secretary based on such inquiries;
(C) the identity of each hospital entity that
received a notice of noncompliance and the nature of
the failure giving rise to the Secretary's
determination of noncompliance;
(D) the amount of civil monetary penalty assessed
against the hospital entity;
(E) whether the hospital entity subsequently
corrected the noncompliance; and
(F) an analysis of factors contributing to
increasing health care costs.
(4) Gao report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Finance of
the Senate a report on the compliance and enforcement with the
hospital price transparency rule implementing section 2718(e)
of the Public Health Service Act (42 U.S.C. 300gg-18(e)). The
report shall include recommendations related to--
(A) improving price transparency to patients,
employers, and the public; and
(B) increased civil monetary penalty amounts to
ensure compliance.
(5) Request for information.--Not later than January 1,
2025, the Secretary of Health and Human Services shall issue a
public request for information as to the best method through
which hospitals may be required to publish quality data (such
as data required to be reported under the Medicare Hospital
Compare program) alongside data required to be reported under
section 2718(e) of the Public Health Service Act (42 U.S.C.
300gg-18(e)).
SEC. 3. STRENGTHENING HEALTH INSURANCE TRANSPARENCY REQUIREMENTS.
(a) Cost Sharing Transparency.--Section 1311(e)(3)(C) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18031(e)(3)(C))
is amended--
(1) by striking ``The Exchange'' and inserting the
following:
``(i) In general.--The Exchange'';
(2) in clause (i), as inserted by paragraph (1)--
(A) by striking ``participating provider'' and
inserting ``provider'';
(B) by inserting ``shall include the information
specified in clause (ii) and'' after ``such
information'';
(C) by striking ``an Internet website'' and
inserting ``a self-service tool that meets the
requirements of clause (iii)''; and
(D) by striking ``and such other'' and all that
follows through the period and inserting ``or, at the
option such individual, through a paper disclosure
(provided at no cost to such individual) that meets
such requirements as the Secretary may specify.''; and
(3) by adding at the end the following new clauses:
``(ii) Specified information.--For purposes
of clause (i), the information specified in
this clause is, with respect to an item or
service for which benefits are available under
a health plan furnished by a health care
provider, the following:
``(I) If such provider is a
participating provider with respect to
such item or service, the in-network
rate (as defined in subparagraph (F))
for such item or service.
``(II) If such provider is not
described in subclause (I), the maximum
amount the plan will recognize as
payment for such item or service.
``(III) The amount of cost sharing
(including deductibles, copayments, and
coinsurance) that the individual will
incur for such item or service (which,
in the case such item or service is to
be furnished by a provider described in
subclause (II), shall be calculated
using the maximum amount described in
such subclause).
``(IV) The amount the individual
has already accumulated with respect to
any deductible or out of pocket maximum
under the plan (broken down, in the
case separate deductibles or maximums
apply to separate individuals enrolled
in the plan, by such separate
deductibles or maximums, in addition to
any cumulative deductible or maximum).
``(V) In the case such plan imposes
any frequency or volume limitations
with respect to such item or service
(excluding medical necessity
determinations), the amount that such
individual has accrued towards such
limitation with respect to such item or
service.
``(VI) Any prior authorization,
concurrent review, step therapy, fail
first, or similar requirements
applicable to coverage of such item or
service under such plan.
``(iii) Self-service tool.--For purposes of
clause (i), a self-service tool established by
a health plan meets the requirements of this
clause if such tool--
``(I) is based on an Internet
website;
``(II) provides for real-time
responses to requests described in such
clause;
``(III) is updated in a manner such
that information provided through such
tool is timely and accurate;
``(IV) allows such a request to be
made with respect to an item or service
furnished by--
``(aa) a specific provider
that is a participating
provider with respect to such
item or service;
``(bb) all providers that
are participating providers
with respect to such plan and
such item or service; or
``(cc) a provider that is
not described in item (bb); and
``(V) provides that such a request
may be made with respect to an item or
service through use of the billing code
for such item or service or through use
of a descriptive term for such item or
service.
The Secretary may require such tool, as a
condition of complying with subclause (V), to
link multiple billing codes to a single
descriptive term if the Secretary determines
that the billing codes to be so linked
correspond to items and services with no more
than a de minimis difference in patient
experience in receiving such items and services
and cost sharing imposed under such plan for
such items and services.''.
(b) Disclosure of Additional Information.--Section 1311(e)(3) of
the Patient Protection and Affordable Care Act (42 U.S.C. 18031(e)(3))
is amended by adding at the end the following new subparagraphs:
``(E) Rate and payment information.--
``(i) In general.--Not later than January
1, 2024, and every 3 months thereafter, each
health plan shall submit to the Exchange, the
Secretary, the State insurance commissioner,
and make available to the public, the rate and
payment information described in clause (ii) in
accordance with clause (iii).
``(ii) Rate and payment information
described.--For purposes of clause (i), the
rate and payment information described in this
clause is, with respect to a health plan, the
following:
``(I) With respect to each item or
service (other than a drug) for which
benefits are available under such plan,
the in-network rate in effect as of the
date of the submission of such
information with each provider
(identified by national provider
identifier) that is a participating
provider with respect to such item or
service, other than such a rate in
effect with a provider that, during the
1-year period ending on such date,
submitted fewer than 10 claims for such
item or service to such plan.
``(II) With respect to each drug
(identified by national drug code) for
which benefits are available under such
plan, the average amount paid by such
plan (net of rebates, discounts, and
price concessions) for such drug
dispensed or administered during the
90-day period beginning 180 days before
such date of submission to each
provider that was a participating
provider with respect to such drug,
broken down by each such provider
(identified by national provider
identifier), other than such an amount
paid to a provider that, during such
period, submitted fewer than 20 claims
for such drug to such plan.
``(III) With respect to each item
or service for which benefits are
available under such plan, the amount
billed, and the amount recognized by
the plan, for each such item or service
furnished during the 1-year period
ending on such date by a provider that
was not a participating provider with
respect to such item or service, broken
down by each such provider (identified
by national provider identifier), other
than amounts billed by, and amounts
recognized by a plan with respect to, a
provider that, during such period,
submitted fewer than 10 claims for such
item or service to such plan.
``(iii) Manner of submission.--Rate and
payment information required to be submitted
and made available under this subparagraph
shall be so submitted and so made available in
3 separate machine-readable files corresponding
to the information described in each of
subclauses (I) through (III) of clause (ii)
that meet such requirements as specified by the
Secretary through rulemaking. Such requirements
shall ensure that such files are limited to an
appropriate size, are made available in a
widely-available format that allows for
information contained in such files to be
compared across health plans, and are
accessible to individuals at no cost and
without the need to establish a user account or
provider other credentials.
``(iv) User guide.--Each health plan shall
make available to the public instructions
written in plain language explaining how
individuals may search for information
described in clause (ii) in files submitted in
accordance with clause (iii).
``(F) Definitions.--In this paragraph:
``(i) Participating provider.--The term
`participating provider' has the meaning given
such term in section 2799A-1(a)(3) of the
Public Health Service Act.
``(ii) In-network rate.--The term `in-
network rate' means, with respect to a health
plan and an item or service furnished by a
provider that is a participating provider with
respect to such plan and item or service, the
contracted rate in effect between such plan and
such provider for such item or service.''.
(c) Reports.--
(1) Compliance.--Not later than January 1, 2025, the
Comptroller General of the United States shall submit to
Congress a report containing--
(A) an analysis of health plan compliance with the
amendments made by this section;
(B) an analysis of enforcement of such amendments
by the Secretaries of Health and Human Services, Labor,
and the Treasury;
(C) recommendations relating to improving such
enforcement; and
(D) recommendations relating to improving public
disclosure, and public awareness, of information
required to be made available by such plans pursuant to
such amendments.
(2) Prices.--Not later than January 1, 2028, the
Comptroller General of the United States shall submit to
Congress a report containing an assessment of differences in
negotiated prices (and any trends in such prices) in the
private market between--
(A) rural and urban areas;
(B) the individual, small group, and large group
markets;
(C) consolidated and nonconsolidated health care
provider areas (as specified by the Secretary);
(D) nonprofit and for-profit hospitals;
(E) nonprofit and for-profit insurers; and
(F) insurers serving local or regional areas and
insurers serving multistate or national areas.
(d) Effective Date.--The amendments made by subsection (a) shall
apply beginning January 1, 2024.
<all>
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118HR2692 | Addressing SILO Act of 2023 | [
[
"S001156",
"Rep. Sánchez, Linda T. [D-CA-38]",
"sponsor"
]
] | <p><strong>Addressing Social Isolation and Loneliness in Older Adults Act of 2023 or the Addressing SILO Act of 2023</strong></p> <p>This bill provides funding through FY2027 for grants to prevent and address social isolation or loneliness among older adults and individuals with disabilities through education, outreach, and interventions. The Department of Health and Human Services must award these grants to area agencies on aging and community-based organizations.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2692
To amend title XX of the Social Security Act to provide grants and
training to support area agencies on aging or other community-based
organizations to address social isolation among vulnerable older adults
and adults with disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Sanchez introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend title XX of the Social Security Act to provide grants and
training to support area agencies on aging or other community-based
organizations to address social isolation among vulnerable older adults
and adults with disabilities.
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 ``Addressing Social Isolation and
Loneliness in Older Adults Act of 2023'' or the ``Addressing SILO Act
of 2023''.
SEC. 2. INCENTIVES FOR DEVELOPING AND SUSTAINING STRUCTURAL COMPETENCY
IN PROVIDING HEALTH AND HUMAN SERVICES.
Part II of subtitle B of title XX of the Social Security Act (42
U.S.C. 1397m-1397m-5) is amended by adding at the end the following:
``SEC. 2047. INCENTIVES FOR DEVELOPING AND SUSTAINING STRUCTURAL
COMPETENCY IN PROVIDING HEALTH AND HUMAN SERVICES.
``(a) Grants and Training To Support Area Agencies on Aging or
Other Community-Based Organizations To Address Social Isolation Among
Vulnerable Older Adults and Adults With Disabilities.--
``(1) Grants.--The Secretary shall make grants to eligible
area agencies on aging or other community-based organizations
for the purpose of--
``(A) conducting outreach to individuals at risk
for, or already experiencing, social isolation or
loneliness, through established screening tools or
other methods identified by the Secretary;
``(B) developing community-based interventions for
the purposes of mitigating loneliness or social
isolation (including evidence-based programs, as
defined by the Secretary, developed with multi-
stakeholder input for the purposes of promoting social
connection, mitigating social isolation or loneliness,
or preventing social isolation or loneliness) among at-
risk individuals;
``(C) connecting at-risk individuals with community
social and clinical supports; and
``(D) evaluating the effect of programs developed
and implemented under subparagraphs (B) and (C).
``(2) Training.--The Secretary shall establish programs to
provide and improve training for area agencies on aging or
community-based organizations with respect to addressing and
preventing social isolation and loneliness among older adults
and adults with disabilities.
``(3) Evaluation.--Not later than 3 years after the date of
the enactment of this section and every 3 years thereafter, the
Secretary shall submit to the Congress a written report which
assesses the extent to which the programs established under
this subsection address social isolation and loneliness among
older adults and people with disabilities.
``(4) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$62,500,000 for each of fiscal years 2024 through 2027 to carry
out this subsection.
``(5) Coordination.--The Secretary shall coordinate with
resource centers, grant programs, or other funding mechanisms
established under section 411(a)(18) of the Older Americans Act
(42 U.S.C. 3032(a)(18)), section 417(a)(1) of such Act (42
U.S.C. 3032F(a)(1)), or other programs as determined by the
Secretary.
``(b) Definitions.--In this section:
``(1) Area agency on aging.--The term `area agency on
aging' means an area agency on aging designated under section
305 of the Older Americans Act of 1965.
``(2) Social isolation.--The term `social isolation' means
objectively being alone, or having few relationships or
infrequent social contact.
``(3) Loneliness.--The term `loneliness' means subjectively
feeling alone, or the discrepancy between one's desired level
of social connection and one's actual level of social
connection.
``(4) Social connection.--The term `social connection'
means the variety of ways one can connect to others socially,
through physical, behavioral, social-cognitive, and emotional
channels.
``(5) Community-based organization.--The term `community-
based organization' includes, except as otherwise provided by
the Secretary, a nonprofit community-based organization, a
consortium of nonprofit community-based organizations, a
national nonprofit organization acting as an intermediary for a
community-based organization, or a community-based organization
that has a fiscal sponsor that allows the organization to
function as an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.''.
<all>
</pre></body></html>
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118HR2693 | Pay Our Coast Guard Parity Act of 2023 | [
[
"S001221",
"Rep. Scholten, Hillary J. [D-MI-3]",
"sponsor"
],
[
"G000582",
"Resident Commissioner González-Colón, Jenniffer [R-PR-At Large]",
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[
"G000559",
"Rep. Garamend... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2693 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2693
To amend title 14, United States Code, to make appropriations for Coast
Guard pay in the event an appropriations Act expires before the
enactment of a new appropriations Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Scholten (for herself and Mrs. Gonzalez-Colon) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend title 14, United States Code, to make appropriations for Coast
Guard pay in the event an appropriations Act expires before the
enactment of a new appropriations Act, 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 ``Pay Our Coast Guard Parity Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Coast Guard is a military service and a branch of
the Armed Forces of the United States at all times regardless
of whether it operates as a service in the Department of
Homeland Security or as a service in the Navy.
(2) Notwithstanding respective appropriations and except as
otherwise provided in law, members of the Coast Guard should
receive treatment equitable to that of other members of the
Armed Forces with regard to pay and benefits.
SEC. 3. COAST GUARD PAY; CONTINUATION.
(a) In General.--Chapter 27 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 2780. Pay; continuation during lapse in appropriations
``(a) In General.--In the case of any period in which there is a
Coast Guard-specific funding lapse, there are appropriated such sums as
may be necessary--
``(1) to provide pay and allowances to military members of
the Coast Guard, including the reserve component thereof, who
perform active service or in-active-duty training during such
period;
``(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
``(3) to provide pay and benefits to qualified contract
employees of the Coast Guard; and
``(4) to provide for--
``(A) the payment of a death gratuity under
sections 1475 through 1477 and 1489 of title 10, with
respect to members of the Coast Guard;
``(B) the payment or reimbursement of authorized
funeral travel and travel related to the dignified
transfer of remains and unit memorial services under
section 481f of title 37, with respect to members of
the Coast Guard; and
``(C) the temporary continuation of a basic
allowance of housing for dependents of members of the
Coast Guard dying on active duty, as authorized by
section 403(l) of title 37.
``(b) Coast Guard-Specific Funding Lapse.--For purposes of this
section, a Coast Guard-specific funding lapse occurs in any case in
which--
``(1) a general appropriation bill providing appropriations
for the Coast Guard for a fiscal year is not enacted before the
beginning of such fiscal year (and no joint resolution making
continuing appropriations for the Coast Guard is in effect);
and
``(2) a general appropriation bill providing appropriations
for the Department of Defense for such fiscal year is enacted
before the beginning of such fiscal year (or a joint resolution
making continuing appropriations for the Department of Defense
is in effect.
``(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year for any purpose under subsection
(a) shall be available until whichever of the following first occurs:
``(1) The enactment into law of an appropriation (including
a continuing appropriation) for such purpose.
``(2) The enactment into law of the applicable regular or
continuing appropriations resolution or other Act without any
appropriation for such purpose.
``(3) The termination of availability of appropriations for
the Department of Defense.
``(4) The date that is 2 weeks after the beginning of the
Coast Guard-specific funding lapse.
``(d) Rate for Operations; Applicability to Appropriations Acts.--
Appropriations made pursuant to this section shall be at a rate for
operations and to the extent and manner that would be provided by the
pertinent appropriations Act.
``(e) Charge to Future Appropriations.--Expenditures made pursuant
to this section shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is enacted into law.
``(f) Apportionment.--Appropriations and funds made available by or
authority granted under this section may be used without regard to the
time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, but nothing in this section may be
construed to waive any other provision of law governing the
apportionment of funds.
``(g) Definitions.--In this section:
``(1) Qualified civilian employee.--The term `qualified
civilian employee' means a civilian employee of the Coast Guard
whom the Commandant determines is--
``(A) providing support to members of the Coast
Guard or another Armed Force; or
``(B) performing work as an excepted employee or an
employee performing emergency work, as such terms are
defined by the Office of Personnel Management.
``(2) Qualified contract employee of the coast guard.--The
term `qualified contract employee of the Coast Guard' means an
individual performing work under a contract whom the Commandant
determines is--
``(A) providing support to military members or
qualified civilian employees of the Coast Guard or
another Armed Force; or
``(B) required to perform work during a lapse in
appropriations.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14,
United States Code, is amended by adding at the end the following:
``2780. Pay; continuation during lapse in appropriations.''.
<all>
</pre></body></html>
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118HR2694 | To amend the Infrastructure Investment and Jobs Act to authorize the use of funds for certain additional Carey Act projects, and for other purposes. | [
[
"S001148",
"Rep. Simpson, Michael K. [R-ID-2]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2694
To amend the Infrastructure Investment and Jobs Act to authorize the
use of funds for certain additional Carey Act projects, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Simpson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Infrastructure Investment and Jobs Act to authorize the
use of funds for certain additional Carey Act projects, 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. ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT
OF ADDITIONAL CAREY ACT PROJECTS FOR CERTAIN FUNDS.
Section 40904(b) of the Infrastructure Investment and Jobs Act (43
U.S.C. 3204(b)) is amended--
(1) in paragraph (3), by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respectively, and
indenting appropriately;
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(4) by adding at the end the following:
``(2) Additional projects.--
``(A) In general.--On making the affirmative
determinations described in subparagraph (B), the
Secretary shall use amounts made available under
section 40901(2)(B) to fund the rehabilitation,
reconstruction, or replacement of any dams that were
developed pursuant to, and continue to operate as dams
under, section 4 of the Act of August 18, 1894
(commonly known as the `Carey Act') (43 U.S.C. 641; 28
Stat. 422, chapter 301).
``(B) Determinations described.--The determinations
referred to in subparagraph (A) are--
``(i) a determination by the Secretary that
any dams that meet the criteria described in
paragraph (1) have received the necessary
funding to complete rehabilitation,
reconstruction, or replacement activities under
this subsection; and
``(ii) a determination by the Secretary
that amounts made available under section
40901(2)(B) remain available.''.
<all>
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118HR2695 | WOLF Act | [
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"C001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2695 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2695
To amend the Agricultural Act of 2014 to provide emergency relief to
producers of livestock with herds adversely affected by Mexican gray
wolves, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Stanton (for himself, Mr. Schweikert, Mr. Vasquez, and Mr. Pfluger)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Act of 2014 to provide emergency relief to
producers of livestock with herds adversely affected by Mexican gray
wolves, 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 ``WOlf and Livestock Fairness Act'' or
the ``WOLF Act''.
SEC. 2. LIVESTOCK INDEMNITY PAYMENT RATES.
Section 1501(b)(2) of the Agricultural Act of 2014 (7 U.S.C.
9081(b)(2)) is amended by striking ``75'' and inserting ``100''.
SEC. 3. EMERGENCY RELIEF TO MITIGATE EFFECT OF MEXICAN GRAY WOLVES.
Section 1501(d) of the Agricultural Act of 2014 (7 U.S.C. 9081(d))
is amended by adding at the end the following:
``(5) Emergency relief to mitigate effect of mexican gray
wolves.--
``(A) In general.--Each fiscal year, the Secretary
shall use funds made available under paragraph (1) to
provide emergency relief to producers of livestock with
herds adversely affected by Mexican gray wolves, as
determined by the Secretary.
``(B) Formula.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary
shall develop a formula to determine the amount of
emergency relief to provide to a producer of livestock
under subparagraph (A), which shall take into
consideration the following factors:
``(i) The herd size of the producer.
``(ii) The average annual number of
confirmed depredations by Mexican gray wolves
per producer in the State in which the producer
is located.
``(iii) The average annual increase in
management costs for producers due to Mexican
gray wolves during the preceding 5 years in the
State in which the producer is located.
``(iv) The average annual decrease in birth
rates of herds of producers due to Mexican gray
wolves during the preceding 5 years in the
State in which the producer is located.
``(v) The depredation prevention practices
carried out by the producer, if any, as
reported through the wolf compensation and
prevention program established by section 6202
of the Omnibus Public Land Management Act of
2009 (7 U.S.C. 8351 note).
``(C) Consultation.--In carrying out this
paragraph, the Secretary shall consult with, and
request information from, as necessary, the
Administrator of the Farm Service Agency of the
Department of Agriculture, the Administrator of the
Animal and Plant Health Inspection Service of the
Department of Agriculture, and the Director of the
United States Fish and Wildlife Service.
``(D) Annual report.--Not later than 1 year after
the date on which emergency relief is first provided
under this paragraph, and annually thereafter, the
Secretary 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 on activities carried out under this paragraph,
which shall include an identification of the following:
``(i) The amount of emergency relief
distributed to producers under this paragraph.
``(ii) The number of producers receiving
emergency relief under this paragraph.''.
<all>
</pre></body></html>
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118HR2696 | Motorsports Fairness and Permanency Act of 2023 | [
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"Y00006... | <p><strong>Motorsports Fairness and Permanency Act </strong><b>of 2023</b></p> <p>This bill makes permanent the accelerated depreciation (seven-year recovery period) of motorsports entertainment complexes.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2696 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2696
To amend the Internal Revenue Code of 1986 to make permanent the 7-year
recovery period for motorsports entertainment complexes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Tenney (for herself, Mr. Thompson of California, Mr. Posey, Ms.
Sewell, Mr. Yakym, Ms. Wasserman Schultz, and Mr. Ferguson) 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 make permanent the 7-year
recovery period for motorsports entertainment complexes.
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 ``Motorsports Fairness and Permanency
Act of 2023''.
SEC. 2. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES
MADE PERMANENT.
Section 168(i)(15) of the Internal Revenue Code of 1986 is amended
by striking subparagraph (D).
<all>
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118HR2697 | Fairness to Freedom Act of 2023 | [
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"B... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2697 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2697
To establish the right to counsel, at Government expense for those who
cannot afford counsel, for people facing removal.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mrs. Torres of California (for herself, Ms. Meng, Ms. Jayapal, Mr.
McGovern, Ms. Barragan, Ms. Lee of California, Ms. Schakowsky, Ms.
Jacobs, Mr. Espaillat, Mrs. Napolitano, Mr. Huffman, Mr. Casar, Ms.
Velazquez, Ms. Norton, Mr. Garcia of Illinois, Ms. Clarke of New York,
Ms. Tokuda, Mr. Johnson of Georgia, Mr. Cardenas, Ms. Salinas, and Mr.
Grijalva) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the right to counsel, at Government expense for those who
cannot afford counsel, for people facing removal.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fairness to
Freedom Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GUARANTEEING THE RIGHT TO COUNSEL
Sec. 101. Guaranteeing and expanding the right to counsel.
Sec. 102. Public charge.
TITLE II--OFFICE OF IMMIGRATION REPRESENTATION
Sec. 201. Definitions.
Sec. 202. Establishment; purpose; independence.
Sec. 203. Board of Directors.
Sec. 204. Director.
Sec. 205. Employees.
Sec. 206. Local immigration representation boards.
Sec. 207. Types of immigration defenders.
Sec. 208. Compensation and reimbursement of expenses of counsel.
Sec. 209. Services other than counsel.
Sec. 210. Immigration Representation Advisory Board.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
Sec. 302. Minimum funding for the Office of Immigration Representation.
TITLE I--GUARANTEEING THE RIGHT TO COUNSEL
SEC. 101. GUARANTEEING AND EXPANDING THE RIGHT TO COUNSEL.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--Any individual in any removal, exclusion,
deportation, bond, or expedited removal proceeding under section
212(d)(5)(A), 235(b)(1)(B), 236, 238, 240, or 241 or in any matter
related to any such proceeding before U.S. Citizenship and Immigration
Services, any State court, or any court created under article III of
the Constitution of the United States, any individual who is
financially unable to obtain representation subject to such proceeding
shall be entitled to legal representation at Government expense in
accordance with this section.
``(b) Matters Included.--Proceedings and matters referred to in
subsection (a) shall include--
``(1) petitions for a writ of habeas corpus under section
2241 of title 28, United States Code, or any other similar
proceeding;
``(2) administrative and judicial proceedings for
individuals who may be eligible for special immigrant juvenile
status under section 1101(a)(27)(J)(ii) of title 8, United
States Code;
``(3) applications before the U.S. Citizenship and
Immigration Services related to relief from removal, and post-
conviction relief in criminal proceedings;
``(4) post-conviction relief in criminal proceedings; and
``(5) any other legal proceeding involving an individual
described in subsection (a) that is related to such
individual's legal status in the United States.
``(c) Scope of Counsel.--
``(1) Advocacy.--Consistent with Rule 1.3 of the American
Bar Association's Model Rules of Professional conduct,
attorneys and other persons providing representation to
individuals in proceedings or matters described in subsection
(a) shall--
``(A) act with reasonable diligence, promptness,
commitment, and dedication to the interests of the
client and with zeal in advocating on the client's
behalf; and
``(B) hold the Government to its burden by
presenting the fullest defense possible in each such
proceeding or matter.
``(2) Scope of representation.--Representation under this
section shall include--
``(A) counsel and interpretation and translation
services; and
``(B) any other services that are necessary for
effective representation, including the services
described in section 309 of the Fairness to Freedom Act
of 2023.
``(3) Commencement of representation.--
``(A) In general.--The right to counsel of a person
detained in, or released from, the custody of the
Department of Homeland Security or the Department of
Health and Human Services shall attach at the earlier
of--
``(i) the placement of the person in the
custody of either department, regardless of
whether the person has been formally placed in
a proceeding described in subsection (a); or
``(ii) the issuance to the person of a
Notice to Appear or other document initiating
proceedings under section 235, 238, 240, or
241.
``(B) Clarification.--The appointment of counsel
based on the issuance of a Notice to Appear shall occur
regardless of whether the Notice to Appear has been
filed with the immigration court. The appointment of
counsel for a detained person shall occur as soon as
possible, but in no event later than 24 hours after
such person is taken into the custody of the Department
of Homeland Security.
``(4) Continuous representation.--
``(A) In general.--An individual for whom counsel
is appointed under this section shall be represented
continuously at every stage of proceedings beginning
with the initial appearance before any official with
adjudicatory authority and including any proceedings
before the Immigration Courts, the Board of Immigration
Appeals, Federal district courts, Federal courts of
appeal, and the United States Supreme Court, including
ancillary matters related to the proceedings described
in subsection (a), and ending when all such proceedings
have concluded.
``(B) Appointment of different counsel.--If the
nature of the representation needed by a person in
proceedings under this section requires the appointment
of different representatives for different stages of
such proceedings, all such representatives shall comply
with the minimum standards of representation described
in paragraph (1).
``(C) Appointment of new counsel after
relocation.--The Office of Immigration Representation
established under section 202 of the Fairness to
Freedom Act of 2023 shall ensure that each individual
who is released from custody and moves to a State or
municipality other than the State or municipality in
which he or she was in custody, or who is transferred
to a detention facility in another State or
municipality is provided with counsel in the new State
or municipality in which the individual resides or is
detained.
``(5) Construction.--This subsection shall be broadly
construed to attach in any proceeding and related matter,
including any petition for review or appellate process, request
for re-interview, request for reconsideration, and motion to
reopen, arising from a proceeding or matter described in
subsection (a).
``(d) Eligibility and Commencement of Immigration Proceedings.--
``(1) Notification.--A proceeding described in subsection
(a) shall not commence until counsel has been appointed to
represent the individual subject to such proceeding. If such a
proceeding has already commenced without the appointment of
counsel, such proceeding shall be paused until such counsel is
appointed. Before commencing a proceeding described in
subsection (a), the adjudicatory official, who may be an
official of U.S. Immigration and Customs Enforcement or of U.S.
Customs and Border Protection, under a plan approved by the
Office of Immigration Representation, shall notify the
individual subject to such proceeding that--
``(A) such individual has the right to be
represented by counsel; and
``(B) counsel will be appointed to represent such
individual before the commencement of such proceeding
if the individual--
``(i) has not retained private counsel; and
``(ii) is financially unable to obtain
counsel.
``(2) Determination of financial ability to obtain
counsel.--
``(A) In general.--An individual shall be deemed to
be financially unable to obtain counsel under paragraph
(1)(B)(ii) if the individual's net financial resources
and income are insufficient to obtain qualified
counsel.
``(B) Eligibility for counsel.--An individual who
makes a sworn statement to the adjudicatory official
referred to in subsection (a) that he or she is a
member of a family whose income is not more than 200
percent of the poverty line (as defined in section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) is eligible for Government-appointed
counsel under this section.
``(3) Access to pertinent documents and information.--
``(A) In general.--An individual described in
subsection (a) and his or her counsel shall
automatically receive a complete copy of all documents
and information pertaining to such individual that are
in the possession of the Department of Homeland
Security or the Department of Health and Human
Services, including documents obtained from other
Government agencies, unless the disclosure of any such
document or information is barred by privilege or
otherwise prohibited by law.
``(B) Records.--Not later than 7 days after counsel
is appointed to represent an individual under this Act,
the Director of U.S. Citizenship and Immigration
Services shall--
``(i) provide such individual and counsel
with a complete copy of the individual's
immigration file (commonly known as the `A-
file'); and
``(ii) facilitate the provision to such
individual and counsel of a copy of any Record
of Proceeding that is in the possession of the
Department of Homeland Security, the Department
of Health and Human Services, or the Department
of Justice (other than documents protected from
disclosure under section 552(b) of title 5,
United States Code).
``(4) Restriction.--A proceeding described in subsection
(a) may not commence before the date that is 10 days after the
date on which the individual, or the individual's counsel, has
received all of the documents described in paragraph (3), in
order to review and assess such documents, unless the
individual or his or her counsel knowingly and voluntarily
waives such restriction.
``(e) Appointment of Counsel.--
``(1) Notification requirement.--If an individual who is
entitled to representation under this section is not
represented by counsel, the adjudicatory official shall--
``(A) notify the Local Administrator appointed
pursuant to section 206(k)(3) of the Fairness to
Freedom Act of 2023 (or the designee of the Local
Administrator) that such individual is not represented
by counsel; and
``(B) advise such individual--
``(i) of his or her right to be represented
by counsel; and
``(ii) that such counsel will be appointed
if such person is financially unable to obtain
counsel.
``(2) Waiver.--An individual's right to be represented by
appointed counsel may only be waived by the individual--
``(A) in the physical presence of appointed
counsel;
``(B) if such waiver is knowing and voluntary; and
``(C) if the individual demonstrates that he or
she--
``(i) understands the nature of any charges
and the possible defenses and outcomes; and
``(ii) possesses the knowledge and
intelligence necessary to conduct his or her
own defense.
``(3) Appeal of waiver; retroactive appointment.--Counsel
may appeal any putative waiver to the Office of Immigration
Representation established under section 202 of the Fairness to
Freedom Act of 2023 if counsel reasonably believes that such
waiver did not meet the requirements under paragraph (2). If
the Office of Immigration Representation concurs with counsel's
assessment, the Office may retroactively appoint counsel in
order to include any representation furnished pursuant to the
plan before such appointment.
``(4) Appointment of counsel.--Unless an individual waives
representation by counsel pursuant to paragraph (2), the Local
Administrator, upon notification that an individual may meet
the criteria for appointed counsel, shall appoint counsel for
such individual in accordance with the Local Plan developed
pursuant to section 206(k)(1) of the Fairness to Freedom Act of
2023 if the Local Administrator determines, after appropriate
inquiry, that such individual is financially unable to obtain
counsel. An appointment under this paragraph may be made
retroactive to include any representation furnished to such
individual by such counsel before such appointment.
``(5) Appointment of separate counsel.--The Local
Administrator shall appoint separate counsel for individuals
who are subjected to the same proceeding or related proceedings
if--
``(A) the interests of such individuals cannot,
consistent with ethical responsibilities and manageable
workloads, be properly be represented by a single
counsel; or
``(B) the Local Administrator demonstrates another
good cause for appointing separate counsel.
``(6) Consolidated cases.--
``(A) In general.--Subject to paragraph (5) and
except as provided in subparagraph (B), if the Attorney
General consolidates the case of an individual for whom
counsel was appointed pursuant to subsection (a) with
the case of another individual without counsel, the
counsel appointed pursuant to subsection (a) shall be
appointed to represent such other individual unless a
conflict of interest would prevent joint
representation.
``(B) Conflict of interest.--If a conflict of
interest prevents joint representation under
subparagraph (A), the Local Administrator shall appoint
separate counsel for the individuals referred to in
such subparagraph unless the Local Administrator
demonstrates that there is a good cause for not
appointing separate counsel.
``(7) Change of financial circumstances during
proceedings.--If an individual who has retained counsel becomes
financially unable to pay such counsel and is eligible for
appointed counsel under this section, the Local Administrator
may appoint counsel for such individual in accordance with this
section.
``(8) Substitution of counsel.--The Local Administrator, in
the interests of justice, upon a showing of good cause, and
consistent with ethical requirements applicable to attorneys
practicing in the region, substitute an appointed counsel for
another appointed counsel at any stage of a proceeding referred
to in subsection (a).
``(f) Access to Counsel.--
``(1) In general.--If an individual is subject to
proceedings described in subsection (a) or to detention or
inspection at a port of entry, U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, or the
Office of Refugee Resettlement, as appropriate, shall--
``(A) facilitate access for such individual to
counsel; and
``(B) ensure that counsel appointed under this
section is permitted to meet in person with such
individual in a confidential, private setting when
requested during the first 12 hours the individual is
detained and as soon as practicable after subsequent
meeting requests.
``(2) Alternative meeting options.--If counsel appointed
pursuant to this section cannot personally meet with an
individual described in paragraph (1) to whom such counsel was
appointed to represent, U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, or the Office of
Refugee Resettlement, as appropriate, at the request of such
individual or the counsel of the individual, shall provide
alternative options through which counsel may communicate with
such individual remotely in a confidential, private manner
during the first 12 hours such individual is detained and as
soon as practicable after subsequent meeting requests.
``(3) Effect of failure to provide timely access to
counsel.--If U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, or the Office of Refugee
Resettlement, as applicable, fails to timely provide an
individual with access to counsel in accordance with paragraph
(1) or (2), no statement made by the individual before such
access has been made available may be introduced into evidence
against the respondent except on a motion by the appointed
counsel, who shall be entitled to a continuance in the
proceedings giving rise to the appointment of such counsel.
``(4) Limitation.--An individual held or detained at a port
of entry may not submit a valid Record of Abandonment of Lawful
Permanent Resident Status or Withdrawal of Application for
Admission if U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement has failed to provide such
individual with access to counsel in accordance with this
section.
``(5) Institutional hearing program.--Individuals held in
Federal, State, or local criminal custody who are placed in any
proceeding described in subsection (a) shall be ensured access
to counsel consistent with the requirements of this section. No
statement made by the respondent before such access has been
made available may be introduced into evidence against the
respondent except on appointed counsel's own motion. Counsel
shall be entitled to a continuance in the proceedings giving
rise to his or her appointment.
``(6) Termination of proceedings.--If the Local
Administrator fails to provide counsel to an individual in
accordance with this section, the Secretary of Homeland
Security or the Attorney General, as appropriate, shall
terminate any proceedings involving such individual with
prejudice.''.
SEC. 102. PUBLIC CHARGE.
Seeking or receiving appointed counsel under section 292 of the
Immigration and Nationality Act, as amended by section 101, may not be
serve as the basis for any determination that the individual seeking or
receiving such services is likely to become a public charge for the
purposes of determining the admissibility, removability, excludability,
or deportability of such individual under such Act, or in any other
proceeding in which such individual's likelihood of becoming a public
charge is at issue for immigration purposes.
TITLE II--OFFICE OF IMMIGRATION REPRESENTATION
SEC. 201. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office.
(2) Director.--The term ``Director'' means the Director of
the Office of Immigration Representation appointed pursuant to
section 206(k)(1).
(3) Immigration public defender organization.--The term
``Immigration Public Defender Organization'' means an
organization established by a Local Board pursuant to section
207(a)(1).
(4) Local board.--The term ``Local Board'' means a local
immigration representation board established within a region
pursuant to section 206(a).
(5) Office.--The term ``Office'' means the Office of
Immigration Representation established under section 202(a).
SEC. 202. ESTABLISHMENT; PURPOSE; INDEPENDENCE.
(a) Establishment.--There is established in the District of
Columbia a private nonprofit corporation, which shall be known as the
Office of Immigration Representation.
(b) Purpose.--The purpose of the Office shall be to ensure high-
quality legal representation and related services to all individuals
described in section 292(a) of the Immigration and Nationality Act, as
amended by section 101, who cannot afford representation.
(c) Independence.--Except as otherwise provided in this Act, the
Office shall exercise its authority independently of any Government
official, agency, or department, including the Department of Justice,
the Department of Homeland Security, and the Department of Health and
Human Services.
SEC. 203. BOARD OF DIRECTORS.
(a) Number and Appointment.--
(1) In general.--The Office shall be governed by a Board of
Directors, consisting of 24 members who shall be appointed not
later than 1 year after the date of the enactment of this Act,
in accordance with paragraph (2).
(2) Initial judicial appointments.--
(A) In general.--Subject to subparagraphs (B) and
(C), the chief judge of each United States Court of
Appeals (except for the chief judge for the Federal
Circuit) shall appoint 2 individuals to the Board who
meet the requirements set forth in subsection (b).
(B) Staggered terms of service.--The terms of
service of the members of the Board appointed pursuant
to subparagraph (A) shall be staggered so that--
(i) 6 members serve an initial term of 1
year;
(ii) 6 members serve an initial term of 2
years;
(iii) 6 members serve an initial term of 3
years; and
(iv) 6 members serve an initial term of 4
years.
(C) Circuits.--
(i) Eastern circuits.--The chief judge of
the 1st, 2nd, 3rd, 4th, 11th, and DC Circuit
Courts of Appeals shall appoint 1 individual to
serve an initial term of 1 year and 1
individual to serve an initial term of 4 years.
(ii) Remaining circuits.--The chief judge
of the 5th, 6th, 7th, 8th, 9th, and 10th
Circuit Courts of Appeals shall appoint 1
individual to serve an initial term of 2 years
and 1 individual to serve an initial term of 3
years.
(3) Immigration representation advisory board
appointments.--
(A) Initial appointments.--Upon the expiration of
the initial term of the 6 members of the Board who were
appointed to 1-year terms pursuant to paragraph
(2)(B)(i), the Immigration Representation Advisory
Board established under section 210 shall appoint to 4-
year terms--
(i) 6 members of the Board;
(ii) an Immigration Public Defender, who
shall serve as a nonvoting, ex-officio member
of the Board; and
(iii) a Panel Attorney, who shall serve as
a nonvoting, ex-officio member of the Board.
(B) Subsequent appointments.--Upon the expiration
of the initial term of the 6 members of the Board who
were appointed to 2-year terms pursuant to paragraph
(2)(B)(ii), the Immigration Representation Advisory
Board established under section 210 shall appoint 6
members of the Board to 4-year terms. The Immigration
Representation Advisory Board shall also appoint
individuals to replace any member of the Board who had
been appointed by the Advisory Board, upon the
expiration of such member's term.
(4) Subsequent judicial appointments.--
(A) In general.--Upon the expiration of the term of
any member of the Board appointed by a chief judge to a
3-year or 4-year term, such chief judge shall appoint
an individual to the Board from a list of 5 qualified
individuals nominated, by majority vote, by a committee
consisting of--
(i) the head of each Immigration Public
Defender Organization that is headquartered
within the corresponding circuit;
(ii) the head of each Community Defender
Office that is headquartered within the
corresponding circuit; and
(iii) panel attorney representatives within
the corresponding circuit.
(B) Failure to produce list.--If a committee
described in subparagraph (A) from a circuit does not
provide a list of 5 Board nominees to the chief judge
of the corresponding circuit before the date that is 30
days after the expiration of the term of service of a
member of the Board representing such circuit, the
chief judge of such circuit may appoint an individual
to replace such member of the Board without regard to
nominations.
(b) Restrictions on Membership.--
(1) Qualifications.--Each individual appointed to the Board
pursuant to subsection (a)--
(A) shall be nonpartisan;
(B) shall have significant experience representing
persons in proceedings described in section 292(a) of
the Immigration and Nationality Act, as amended by
section 101 of this Act; and
(C) shall have demonstrated a strong commitment to
representation in indigent defense matters.
(2) Diversity.--In making appointments to the Board under
subsection (a), chief judges and the Immigration Representation
Advisory Board shall seek to appoint individuals, in the
aggregate, who reflect the characteristics of the population
represented by counsel appointed pursuant section 292 of the
Immigration and Nationality Act, including the characteristics
of race, gender identity, sexual orientation, immigration
experience, and socioeconomic background.
(3) Disqualifying characteristics.--A member of the Board,
while serving in such capacity, may not be--
(A) an employee of the Office or a member of a
Local Board, an Immigration Public Defender
Organization or Community Defender Office, or a Panel
Attorney, unless he or she is serving as an ex-officio
member of the Board;
(B) a judge or employee of any Federal or State
court, any immigration court, or the Board of
Immigration Appeals; or
(C) a prosecutor or law enforcement officer or
employee thereof, or any person who has held such a
position during the 3-year period immediately preceding
his or her appointment to the Board.
(c) Term of Membership.--
(1) Maximum length of service.--No member of the Board may
serve more than 2 terms, except that a person who was appointed
to serve a 1-year term may be appointed to 2 additional 4-year
terms.
(2) Replacement members.--A person who is appointed to
replace a member who resigned or was removed--
(A) shall serve the remainder of the term of such
member; and
(B) may be appointed to serve up to 2 additional 4-
year terms.
(d) Vacancies.--
(1) Members selected by a chief judge.--Not later than 90
days after the creation of a vacancy arising from a Board
member position selected by a chief judge, the committee
described in subsection (a)(2)(A) from the corresponding
circuit shall submit a list of 5 qualified nominees to such
chief judge, who shall appoint 1 of such nominees as the new
member of the Board.
(2) Failure to produce list.--If the committee fails to
submit the list required under paragraph (1) before the
deadline, the chief judge may make a selection without regard
to nominations.
(3) Members selected by the immigration representation
advisory board.--Not later than 90 days after the creation of a
vacancy arising from a Board member position selected by the
Immigration Representation Advisory Board, the Immigration
Representation Advisory Board shall appoint a new member of the
Board to fill such vacancy.
(e) Rates of Pay; Travel Expenses.--
(1) Rates of pay.--Members shall be paid for their services
on the Board at a rate not to exceed the daily rate at which
judges of the United States courts of appeals are compensated.
No member may be paid for more than 90 days in any calendar
year.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Chairperson.--The Chairperson of the Board shall be elected by
the members and shall serve for a 2-year term, which may be renewed
once by the Board for an additional 2-year term.
(g) Removal of Members.--The members of the Board, by a vote of 13
members, may remove a member from the Board for--
(1) malfeasance in office;
(2) persistent neglect of, or inability to discharge, Board
duties; or
(3) conduct unbecoming of a member of the Board.
(h) Quorum.--A quorum for purposes of conducting Board business
shall be a majority of the members of the Board presently serving.
(i) Voting.--All members of the Board are entitled to vote on any
matters coming before the Board unless otherwise provided by rules
adopted by the Board concerning voting on matters in which a member
has, or appears to have, a financial or other personal interest.
(j) Bylaws.--The Board shall adopt bylaws governing the operation
of the Board, which may include provisions authorizing other officers
of the Board and governing proxy voting, telephonic and video meetings,
and the appointment of committees.
(k) Duties of the Board.--The Board shall--
(1) appoint a Director of the Office not later than 2
months after the establishment of the Board--
(A) who shall be selected on the basis of training,
experience, and other relevant qualifications; and
(B) who shall serve at the pleasure of the Board;
(2) convene a meeting not later than 4 months after the
establishment of the Board, and not less frequently than
quarterly thereafter;
(3) submit appropriations requests to Congress for the
provision of legal services to individuals represented by
counsel in proceedings described in section 292(a) of the
Immigration and Nationality Act, as amended by section 101(a);
(4) submit an annual report to Congress and the President
that--
(A) describes the operation of the Office and the
delivery of services required under section 292 of the
Immigration and Nationality Act; and
(B) includes--
(i) the number of people who were provided
legal services during the reporting period
pursuant to such section 292 and the types of
proceedings in which such people were
represented;
(ii) the custodial status of the people who
were represented;
(iii) aggregate case outcomes for the
people who were represented; and
(iv) the status of appointments and
vacancies on the Board and Local Boards;
(5) complete and submit to Congress and to the President
every 7 years a comprehensive review and evaluation of the
implementation of this Act, including the identification of the
resources needed to carry out the requirements under this Act
and the amendments made by this Act for the foreseeable future;
(6) make the reports described in paragraphs (4) and (5)
publicly available at the time they are submitted to Congress
and to the President;
(7) establish and maintain standards for the provision of
representation that are consistent with appointed counsel's
duty to provide representation under section 292 of the
Immigration and Nationality Act, including--
(A) the minimum experience, skill, performance, and
other qualifications for participation as appointed
counsel;
(B) ongoing training, professional development, and
mentorship and supervision required to remain eligible
to serve as appointed counsel under such section 292;
(C) reasonable, manageable, and sustainable
appointed counsel caseloads that are consistent with
appointed counsel's primary duty to provide
representation to individuals described in such section
292;
(D) the elements to be evaluated during performance
reviews of appointed counsel to determine whether they
complied with their duty to provide representation
under such section 292;
(E) how to provide adequate representation of
clients whose cases present conflicts of interest; and
(F) ensuring continued representation in
circumstances in which clients move or are transferred,
or where cases are transferred or change venue;
(8) evaluate plans submitted by Local Boards for the
provision of representation of individuals before U.S.
Citizenship and Immigration Services in matters described in
section 292 of the Immigration and Nationality Act, after
taking into account the ability of such plans to provide such
representation, and approve such plans if they meet applicable
legal requirements of law and are consistent with the policies
of the Office;
(9) review the implementation of plans approved by the
Board not less frequently than once every 4 years to ensure
that each Local Board complies with the plan approved by the
Board;
(10) establish policies and procedures with respect to
compensation rates and reimbursement of reasonable expenses for
appointed counsel under such section 292 and others providing
services related to such representation;
(11) establish procedures to obtain investigators, experts,
interpreters, and other providers of defense services necessary
for effective representation of individuals who are entitled to
counsel under such section 292;
(12) establish procedures for the reimbursement of
reasonable expenses of attorneys, investigators, experts,
interpreters, and other persons providing representation and
related services under such section 292;
(13) approve staffing levels and budgets for Immigration
Public Defender Organizations;
(14) approve staffing levels and budgets for the Office;
and
(15) establish a mechanism for the submission, review,
resolution, and reporting of complaints from individuals
entitled to counsel under such section 292 regarding such
representation.
(l) Powers of the Board.--The Board is authorized--
(1) to delegate any of its duties, in whole or in part, to
the Director, except for the duties described in paragraphs
(1), (7), (13) and (14) of subsection (k);
(2) to alter or revoke any such delegation to the Director;
(3) to provide to Congress information regarding the
immigration system that the Board considers relevant to the
purpose of the Office;
(4) to authorize studies or reports that relate to the
purpose of the Office;
(5) to combine Local Boards or divide an area served by a
Local Board if the Board determines that such action is
necessary to carry out the purposes of this section;
(6) to remove, by a vote of at least 13 members, a member
or members of a Local Board for malfeasance in office,
persistent neglect of or inability to discharge duties, or
conduct unbecoming of a member of the Local Board;
(7) to seek, accept, and use public grants, private
contributions, and voluntary and uncompensated (gratuitous
services) to assist the Board in carrying out the purposes of
this Act and other services related to such purposes; and
(8) to take any other action that is reasonably necessary
and not inconsistent with the Act to carry out the purposes of
this Act.
SEC. 204. DIRECTOR.
(a) Requirements.--The Director of the Office--
(1) shall be a licensed attorney in good standing in any
United States jurisdiction at the time of his or her
appointment and at all times during his or her service as the
Director;
(2) shall be experienced in representing people in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101 of this Act; and
(3) may not be a member of the Board.
(b) Duties.--The Director shall--
(1) appoint and fix the compensation of employees of the
Office;
(2) establish a personnel management system for the Office
that provides for the appointment, pay, promotion, and
assignment of all employees on the basis of merit, but without
regard to the provisions of subchapter I of chapter 33 of title
5, United States, Code (relating to appointments in the
competitive service) or the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates);
(3) employ such personnel as may be necessary to advance
the purposes of the Office, subject to staffing and budget
approval of the Board;
(4) provide an annual report to the Board regarding the
activities of the Office;
(5) provide such periodic reports and work product to the
Board sufficient for the Board to fulfill its duties under
section 203(k);
(6) allocate and disburse funds appropriated for legal
representation and related services in cases subject to this
Act pursuant to rules and procedures established by the Board;
(7) enter into contracts to provide or receive services
with any public or private agency, group, or individual;
(8) appoint a Local Administrator for each region to
administer and approve, subject to the policies established by
the Board, the payment of funds necessary for Panel Attorney
representation, including Panel Attorney compensation,
investigators, experts, and other providers of representation
services, and any other necessary expenses for effective
representation;
(9) assist the Board in developing rules and standards for
the delivery of services under this Act;
(10) coordinate the services funded by the Office with any
Federal, state, county, local, or private programs established
to provide legal assistance to persons in cases subject to this
Act who are unable to afford representation;
(11) consult with professional bodies concerning improving
the administration of legal representation for persons in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101 of this Act; and
(12) perform such other duties as may be assigned by the
Board.
SEC. 205. EMPLOYEES.
(a) In General.--Employees of the Office shall be treated as
employees of the Federal Government solely for purposes of--
(1) subchapter 1 of chapter 81 of title 5, United States
Code (relating to compensation for work injuries);
(2) chapter 83 of such title 5 (relating to retirement);
(3) chapter 84 of such title 5 (relating to the Federal
Employees' Retirement System);
(4) chapter 87 of such title 5 (relating to life
insurance); and
(5) chapter 89 of such title 5 (relating to health
insurance).
(b) Employer Contributions.--The Office shall make contributions on
behalf of employees of the Office under the provisions referred to in
subsection (a) at the same rates applicable to employees of agencies of
the Federal Government.
(c) Thrift Savings Plan.--Employees of the Office may make an
election under section 8351 or 8432 of title 5, United States Code, to
participate in the Thrift Savings Plan for Federal employees.
SEC. 206. LOCAL IMMIGRATION REPRESENTATION BOARDS.
(a) Establishment.--Not later than 6 months after the establishment
of the Board, the Office shall delineate administrative regions
throughout the United States and establish a local immigration
representation board for each region.
(b) Composition of Local Boards.--
(1) In general.--Subject to subsection (c), each Local
Board shall consist of not fewer than 5 member and not greater
than 15 members, who shall initially be selected by the Board
after consultation with stakeholders in the Local Board's
region, including immigration legal service providers,
community-based organizations, and people who are or have been
subject to proceedings described in section 292 of the
Immigration and Nationality Act, as amended by section 101.
(2) Attorneys.--Not fewer than 50 percent of the members of
the Local Board selected pursuant to paragraph (1) shall be--
(A) licensed attorneys with experience in the
practice of removal defense; or
(B) employees of community-based organizations
providing services to immigrants.
(3) Subsequent members.--After the initial members are
selected pursuant to paragraph (1), each Local Board shall
select its own members in accordance with bylaws that have been
approved by the Office.
(c) Qualification of Members.--
(1) Experience; commitment.--Members of a Local Board shall
have--
(A) significant experience defending cases
described in section 292 of the Immigration and
Nationality Act, as amended by section 101; and
(B) demonstrated a strong commitment to
representation in indigent defense matters.
(2) Diversity.--The composition of each Local Boards shall
reflect the diversity of the population that counsel appointed
pursuant to such section 292 are responsible for representing,
including diversity of race, gender identity, sexual
orientation, immigration experience, and socioeconomic
background.
(3) Restrictions.--A member of a Local Board may not--
(A) be an employee of an Immigration Public
Defender Organization or Community Defender
Organization with a contract to provide representation
under such section 292;
(B) be a member of an Attorney Panel referred to in
section 207(d);
(C) be a judicial officer of the United States or
of a State, territory, district, possession, or
commonwealth of the United States;
(D) be employed as a prosecutor, a law enforcement
official, or a judicial official, or by a prosecutorial
or law enforcement agency; or
(E) have held a position described in subparagraph
(D) during the 3-year period immediately preceding his
or her appointment to the Board.
(d) Term of Members of a Local Board.--
(1) In general.--Members of a Local Board shall serve 4-
year terms, except that the terms of the initial members shall
be staggered so that the term of not more than 50 percent of
the members expire during any calendar year.
(2) Maximum length of service.--A person may not serve for
more than 9 years on a Local Board.
(3) Replacement members.--A person who is appointed to
replace a member who has resigned or was removed shall serve
the remainder of the term of such departing person.
(e) Compensation of Members of a Local Board.--
(1) In general.--Members of any Local Board shall be paid
for their service at the daily rate at which judges of the
United States courts of appeals are compensated, but may not be
paid for more than 90 days of such service in any calendar
year.
(2) Travel expenses.--Members of any Local Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(f) Chair of Local Board.--Each Local Board shall elect a member of
the Local Board to serve as chair for 2 years, which term shall begin
on the date of election. Such chair may be reelected to extend such
service for an additional 2-year term.
(g) Removal of Member of Local Board.--Each Local Board, by a
majority vote of the full membership, may remove a member from the
Local Board for--
(1) malfeasance in office;
(2) persistent neglect of, or inability to discharge, Local
Board duties; or
(3) conduct unbecoming of a member of the Local Board.
(h) Quorum of Local Board.--A majority of the full membership of
the Local Board shall constitute a quorum for the purpose of conducting
business.
(i) Local Board Governance.--Each Local Board shall adopt bylaws
governing the operation of the Local Board, which may include
provisions authorizing other officers of the Local Board and proxy
voting.
(j) Dissolution of Local Boards.--The Board, upon a \2/3\ vote, may
dissolve a Local Board for good cause. Upon dissolution, the Office
shall ensure that a new Local Board is established not later than 90
days of dissolution. The new members of the Local Board shall be
selected by the majority votes of the Immigration Public Defenders and
the Panel Attorney representatives of the district or districts to be
served and the Director.
(k) Duties of Local Boards.--
(1) Local plans.--
(A) In general.--Each Local Board--
(i) not later than 120 days after the Local
Board is established, shall develop and submit
to the Office for approval a Local Plan for the
provision of representation services for the
region served by the Local Board;
(ii) shall implement the Local Plan after
it has been approved by the Office;
(iii) may modify the Local Plan at any
time, subject to the approval of the Office;
and
(iv) shall modify the Local Plan if so
directed by the Office.
(B) Components; development.--Each Local Plan
developed pursuant to subparagraph (A)--
(i) shall provide for the appointment of
counsel in a timely manner in accordance with
this Act;
(ii) shall be developed in consultation
with U.S. Citizenship and Immigration Services
to ensure that it adequately encompasses
proceedings described in section 292 of the
Immigration and Nationality Act that are within
the jurisdiction of U.S. Citizenship and
Immigration Services;
(iii) shall consider the existence of any
State, county, or locally funded programs
providing representation to people in
proceedings described in such section 292;
(iv) may provide grants or reimbursements
to jurisdictions with programs described in
clause (iii) that provide representation that
furthers the purposes of this Act;
(v) shall prioritize such grants or
reimbursements for State, county, and locally
funded programs that provide representation to
people involved in a proceeding described in
such section 292 without regard to any past
interaction with the immigration or criminal
legal systems;
(vi) may, in accordance with section 207--
(I) establish 1 or more Immigration
Public Defender Organizations; and
(II) contract with 1 or more
Community Defender Organizations;
(vii) shall provide for the establishment
of a panel of private attorneys to provide
representation under such section 292, in
accordance with section 207 of this Act; and
(viii) shall provide a plan for holding
community engagement meetings that are open to
the public not less frequently than twice
during each fiscal year.
(C) Local plans with border-based components.--
(i) In general.--The Local Plan for each
region that is adjacent to the international
border between the United States and Mexico
border shall provide for representation to all
people subject to a proceeding described in
section 292 of the Immigration and Nationality
Act, as amended by section 101 of this Act.
(ii) Identifying counsel.--The Local Board
of each region described in clause (i) may
utilize the entities specified in section 207
and Attorney of the Day, attorney fellowship,
and other models--
(I) to provide limited
representation to people in proceedings
at the border; and
(II) to coordinate case transfers
and referrals for legal representation
for people who are subsequently
released from, or transferred within,
the custody of the Department of
Homeland Security or the Office of
Refugee Resettlement.
(2) Appointments to immigration representation advisory
board.--If a Local Plan does not provide for the establishment
of an Immigration Public Defender Organization or contracting
with a Community Defender Organization in the region, the Local
Board shall appoint representatives to the Immigration
Representation Advisory Board established under section 210(a).
(3) Local administrator.--Each Local Board shall appoint,
subject to the approval of the Office, a Local Administrator
and such staff as may be necessary to assist the Local Board in
administering the selection and appointment of Panel Attorneys.
(4) Immigration public defender.--If a Local Plan includes
the establishment of 1 or more Immigration Public Defender
Organizations, the Local Board shall--
(A) select 1 or more Immigration Public Defenders,
who shall serve in accordance with section 207(b), for
the region or a portion of the region that will be
served by the Local Board;
(B) periodically evaluate the performance of the
Immigration Public Defender; and
(C) submit the results of the evaluations required
under subparagraph (B), as directed by the Office.
(5) Duties of local administrator.--Each Local
Administrator shall--
(A) review, and certify for payment, all vouchers
received from Panel Attorneys to compensate them for--
(i) their time spent representing clients
appointed to them pursuant to section 292 of
the Immigration and Nationality Act, as amended
by section 101 of this Act; and
(ii) the costs of investigators, experts,
interpreters, and other providers of defense
services for work performed on behalf of the
Panel Attorneys and their clients;
(B) authorize reasonable expenditures for
transcripts and the services of paralegals and other
legal support personnel, to the extent necessary;
(C) prepare, at the direction of the Office, an
annual budget for the provision of representation
services under such section 292, except for
representation services provided by an Immigration
Public Defender Office;
(D) implement procedures established by the Office,
permitting a Panel Attorney or other representative
appointed under such section 292 to appeal a decision
of the Local Administrator concerning compensation or
reimbursement; and
(E) perform other duties related to the
authorization, payment, and budgeting of expenses
related to Panel Attorneys, as assigned by the
Director.
(6) Representation of financially eligible persons.--The
Local Board shall establish procedures for the appointment of
counsel for any person who--
(A) is subject to a proceeding described in section
292 of the Immigration and Nationality Act, as amended
by section 101; and
(B) is financially unable to obtain high-quality
representation.
SEC. 207. TYPES OF IMMIGRATION DEFENDERS.
(a) In General.--To ensure representation of all eligible persons
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, the Local Board may--
(1) establish 1 or more Immigration Public Defender
Organizations in the region comprising the Local Board's
jurisdiction;
(2) contract with existing Community Defender
Organizations; and
(3) establish a Panel Attorney system.
(b) Immigration Public Defender.--
(1) In general.--An Immigration Public Defender
Organization shall consist of 1or more full-time salaried
attorneys. Each Immigration Public Defender Organization shall
be supervised by an Immigration Public Defender appointed by
the Local Board that established the organization, subject to
the approval of the Office and without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service.
(2) Removal.--
(A) In general.--The Immigration Public Defender
shall serve at the pleasure of the Local Board, but may
be removed by the Director for--
(i) malfeasance in office;
(ii) persistent neglect or inability to
discharge the duties of an Immigration Public
Defender; or
(iii) conduct unbecoming of a
representative of the Office.
(B) Nonfactors for justifying removal.--The efforts
and advocacy of an Immigration Public Defender to
ensure that the Office carries out its responsibilities
under this Act, including ensuring parity of resources,
protecting counsel's duty to provide representation,
and ensuring manageable caseloads consistent with that
duty, may not serve as a basis for removal or for
initiating proceedings for removal against the
Immigration Public Defender.
(3) Continued service until appointment of successor.--Upon
the expiration of the term of service for which he or she was
appointed, an Immigration Public Defender may continue to
perform the duties of such office, in accordance with rules
established by the Local Board, until the earlier of--
(A) the date on which a successor is appointed; or
(B) the date that is 1 year after the expiration of
such term.
(4) Compensation.--The compensation of each Immigration
Public Defender shall be fixed by the Local Board at a rate
that is comparable to--
(A) the rate of compensation received by the
Principal Legal Advisor of U.S. Immigration and Customs
Enforcement who is practicing in the nearest court
where representation is furnished; or
(B) if more than 1 court is involved, the rate of
compensation that is paid to the higher paid Principal
Legal Advisor in such courts.
(5) Additional personnel.--
(A) Appointments.--The Immigration Public Defender
may appoint, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, full-time attorneys in such number
as may be approved by the Office and other personnel in
such number as may be approved.
(B) Compensation.--Compensation paid to the
attorneys and other personnel approved by the Office
pursuant to subparagraph (A) shall be fixed by the
Immigration Public Defender at a rate that is
comparable to--
(i) the rate of compensation that is paid
to attorneys and other personnel of similar
qualifications and experience in the Office of
the Principal Legal Advisor in the nearest
court where representation is furnished; or
(ii) if more than 1 court is involved, the
rate of compensation that is paid to the higher
paid person of similar qualifications and
experience in such courts.
(6) Treatment as federal government employees.--Employees
of an Immigration Public Defender Organization shall be treated
as employees of the Federal Government solely for purposes of--
(A) subchapter 1 of chapter 81 of title 5, United
States Code (relating to compensation for work
injuries);
(B) chapter 83 of such title 5 (relating to
retirement);
(C) chapter 84 of such title 5 (relating to the
Federal Employees' Retirement System);
(D) chapter 87 of such title 5 (relating to life
insurance); and
(E) chapter 89 of such title 5 (relating to health
insurance).
(7) Restriction.--An Immigration Public Defender and any
attorney appointed to serve in an Immigration Public Defender
Organization is prohibited from engaging in the private
practice of law.
(8) Limited liability.--The Office, to the extent the
Director considers appropriate, shall provide representation
for and hold harmless, or provide liability insurance for, any
person who is an officer or employee of an Immigration Public
Defender Organization.
(9) Reports.--Each Immigration Public Defender Organization
shall submit periodic reports of its activities and financial
positions and its proposed budget to the Local Board at the
times and in the form prescribed by the Local Board.
(c) Community Defender Organizations.--
(1) In general.--A Community Defender Organization shall be
a nonprofit legal representation service established and
administered by any group authorized by the Local Plan to
provide representation to individuals subject to proceedings
described in section 292 of the Immigration and Nationality
Act, as amended by section 101.
(2) Annual report.--Each Community Defender Organization
shall submit an annual report to the Local Board that sets
forth its activities during the previous fiscal year and the
anticipated caseload and expenses for the upcoming fiscal year.
(d) Attorney Panel.--Each Local Plan developed pursuant to section
206(k)(1) shall provide for--
(1) the appointment of qualified private attorneys from an
Attorney Panel within the region;
(2) the implementation of standards established by the
Office setting forth the minimum qualifications for Panel
Attorneys; and
(3) the establishment of a system to ensure that--
(A) the number of attorneys on each Attorney Panel
is limited to provide each attorney with sufficient
appointments to maintain continuing familiarity with
immigration law and procedure;
(B) there is early entry of counsel, including
representation as soon as possible in all proceedings
described in section 292 of the Immigration and
Nationality Act, as amended by section 101;
(C) there are adequate support services, including
training and technical support, for members of each
Attorney Panel for every area in the region;
(D) conflicts of interests are avoided; and
(E) there is equal employment opportunity for the
employees of Immigration Public Defender Organizations
and Panel Attorneys.
SEC. 208. COMPENSATION AND REIMBURSEMENT OF EXPENSES OF COUNSEL.
(a) In General.--The Office shall establish the appropriate hourly
rates and salaries to be paid to counsel appointed under each Local
Plan, which--
(1) shall be established at levels that will ensure the
provision of high-quality legal representation for all people
represented in proceedings described in section 292 of the
Immigration and Nationality Act, as amended by section 101; and
(2) shall be calculated to provide appointed counsel with
compensation that is comparable to the compensation paid to--
(A) attorneys who are employed by the Office of the
Principal Legal Advisor of U.S. Immigration and Customs
Enforcement nearest to the forum in which such counsel
is providing representation;
(B) attorneys employed by the corresponding Federal
prosecutor's office; or
(C) any other attorney representing the Government
in connection with proceedings that are comparable to
proceedings described in such section 292.
(b) Use of Billing Caps.--If the Office places caps on total
billing for legal representation, the Office shall establish policies
and procedures for counsel to request authorization to exceed such caps
to the extent required to ensure effective representation.
(c) Fees; Additional Compensation.--The Office shall establish--
(1) distinct fees to apply to counsel providing services in
proceedings that fall within the geographic jurisdiction of
each of the United States courts of appeal within each region
delineated by the Office pursuant to section 206(a), after
taking into account the prevailing wage rates for qualified
attorneys within the geographic area in which representation
will be provided under section 292 of the Immigration and
Nationality Act, as amended by section 101; and
(2) additional compensation to be paid to counsel who
provide representation under such section 292 to individuals in
remote and underserved areas, after taking into account the
distance from the place of business of such counsel to--
(A) the immigration courts;
(B) Department of Homeland Security and Department
of Health and Human Services facilities; and
(C) other relevant sites where such representation
is expected to be provided.
(d) Reimbursement for Expenses; Salary Increases.--
(1) Reimbursements.--Counsel providing representation under
section 292 of the Immigration and Nationality Act, as amended
by section 101, shall be reimbursed by the Department of
Homeland Security for expenses reasonably incurred in the
course of such representation, including the costs of
transcripts, but may not be reimbursed by the Federal
Government for expenses related to defending against
malpractice claims.
(2) Salary increases.--The Office shall establish policies
and procedures governing increases in hourly rates, salaries,
and fees initially determined under subsection (a) or (c).
(e) Payments in Excess of Established Fees.--The Office shall
establish policies and procedures for requesting and approving payments
in excess of the fees established under subsection (c) for extended or
complex representation if such excess payments are necessary to provide
fair compensation for the counsel providing such representation.
SEC. 209. SERVICES OTHER THAN COUNSEL.
(a) Services To Be Preapproved by the Local Board.--
(1) In general.--Counsel appointed to represent individuals
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, may request
approval from the Local Board for investigative, expert, or
other services necessary for such representation pursuant to
procedures established by the Board, including services
necessary to develop release plans and provide post-release
services for people in the custody of the Department of
Homeland Security or the Office of Refugee Resettlement.
(2) Examples of services.--Services subject to preapproval
under paragraph (1) may include--
(A) the retention of specialized counsel in
connection with ancillary matters appropriate to such
proceedings;
(B) services and support related to mental health,
housing, addiction, food, travel, and accompaniment to
immigration court proceedings;
(C) copying or obtaining discovery materials that
are in the possession, custody, or control of the
Government; or
(D) any other services required to ensure effective
representation or the interests of justice.
(b) Services To Be Approved by the Local Board After the Fact.--
(1) In general.--Counsel appointed to represent individuals
in proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, may obtain, without
prior authorization, but subject to later review by the Local
Board, investigative, expert, and other services if necessary
for representation.
(2) Payment.--In the interests of justice and upon a
determination by the Local Board that timely procurement of
certain necessary services could not await prior authorization,
payment for such services may be approved by the Local Board
after they have been obtained.
(c) Amount of Compensation.--In determining the appropriate
compensation for services other than counsel, the Office shall ensure
that such compensation is comparable to the compensation paid to the
Government for substantially similar services.
(d) Policies and Procedures.--The Office shall establish policies
and procedures that--
(1) identify the circumstances under which--
(A) payment shall be made for services other than
counsel; and
(B) prior authorization for certain necessary
services is not required; and
(2) permit counsel appointed to represent individuals in
proceedings described in section 292 of the Immigration and
Nationality Act, as amended by section 101, to seek increases
in funding for such services if counsel reasonably believes
that the compensation established by the Office pursuant to
subsection (c) does not meet the parity requirement under such
subsection.
(e) Financial Eligibility Determinations.--
(1) In general.--Private counsel for any person who is
financially unable to obtain services other than counsel
necessary for representation, including services described in
subsections (a) and (b), may request that the Local
Administrator make a determination of the financial eligibility
for such person to receive Government funding for such
services.
(2) Payment.--If the Local Administrator determines that a
person described in paragraph (1) is financially unable to
obtain necessary services other than counsel, the Local
Administrator shall authorize payment for such services
pursuant to procedures established by the Office.
SEC. 210. IMMIGRATION REPRESENTATION ADVISORY BOARD.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Immigration Representation Advisory Board,
which shall consist of--
(A) 1 Immigration Public Defender representative
from each region delineated pursuant to section 206(a),
who shall be selected by the Immigration Public
Defenders within each such region;
(B) 1 Community Defender Organization
representative from each region delineated pursuant to
section 206(a), who shall be selected by the Community
Defender Organizations within each such region; and
(C) 1 Panel Attorney representative from within the
jurisdiction of each Federal circuit court of appeals,
who shall be selected by the Panel Attorneys within
each such circuit.
(2) Alternative selection process.--
(A) No immigration public defender office.--If a
Local Plan does not provide for the establishment of an
Immigration Public Defender Office, the relevant Local
Board shall appoint 2 Community Defender Organization
representatives to serve on the Immigration
Representation Advisory Board.
(B) No community defender organization.--If a Local
Plan does not provide for a contract with a Community
Defender Organization, the relevant Local Board shall
appoint 2 Immigration Public Defender Representatives
to serve on the Immigration Representation Advisory
Board.
(b) Term of Service.--
(1) In general.--Members of the Immigration Representation
Advisory Board shall serve 2-year terms, except that the terms
of 50 percent of the initial members appointed pursuant to
subsection (a) shall be 1 year.
(2) Maximum consecutive service.--No member may serve on
the Immigration Representation Advisory Board for more than 6
consecutive years.
(3) Partial term appointments.--If a member of the
Immigration Representation Advisory Board does not serve until
the end of his or her term due to resignation or removal, the
person appointed to replace such member shall serve for the
remainder of such term.
(c) Compensation.--Members of the Immigration Representation
Advisory Board shall serve without compensation, but shall be
reimbursed for all actual and necessary expenses reasonably incurred in
the performance of their duties as members of the Immigration
Representation Advisory Board.
(d) Governance; Meetings.--The Immigration Representation Advisory
Board shall--
(1) establish bylaws;
(2) select a chairperson from among its members;
(3) appoint other such officers as it deems necessary; and
(4) meet not less frequently than once each year.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Office of Immigration Representation, out of any money in the Treasury
that is not otherwise appropriated, such sums as may be necessary to
carry out this Act, and the amendments made by this Act, including--
(1) establishing and operating the Office; and
(2) providing continuing education and training of counsel
providing representation under section 292 of the Immigration
and Nationality Act, as amended by section 101.
(b) Availability of Funds.--If so specified in appropriation Acts,
amounts appropriated pursuant to subsection (a) shall remain available
until expended. Payments from such appropriations shall be made under
the supervision of the Director of the Office of Immigration
Representation.
SEC. 302. MINIMUM FUNDING FOR THE OFFICE OF IMMIGRATION REPRESENTATION.
(a) In General.--The amount appropriated to the Office of
Immigration Representation for each fiscal year shall be not less than
the amount equal to the sum of the combined amount appropriated for
Federal immigration enforcement and prosecution agencies and the
Office, multiplied by the ``prosecution-defense'' ratio calculated
pursuant to subsection (b).
(b) Calculation of Prosecution-Defense Ratio.--
(1) In general.--Except as provided in paragraph (2), the
Office of Management and Budget shall calculate the
prosecution-defense ratio, for purposes of subsection (a), by
dividing the sum appropriated to the Office of Immigration
Representation account for the most recently concluded fiscal
year by the combined amount appropriated for such fiscal year
for Federal immigration enforcement and prosecution agencies,
including amounts appropriated for--
(A) U.S. Immigration and Customs Enforcement;
(B) U.S. Customs and Border Protection; and
(C) the Office of Immigration Litigation of the
Department of Justice.
(2) Effect of shifting prosecutorial functions.--If the law
enforcement or prosecutorial functions of the agencies or
offices referred to in subparagraphs (A) through (C) of
paragraph (1) on the date of the enactment of this Act are
performed by different agencies or offices in a future fiscal
year, the Office of Management and Budget shall use the amount
appropriated for those functions in calculating the
prosecution-defense ratio under paragraph (1).
<all>
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118HR2698 | Workforce Justice Act of 2023 | [
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"sponsor"
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[
"N000147",
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]
] | <p><b>Workforce Justice Act of 2023 </b></p> <p>This bill creates a new condition of eligibility for funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program.</p> <p>Specifically, to be eligible for grant funds under the JAG program, a state must prohibit private employers from </p> <ul> <li>requiring a job applicant to disclose a criminal record,</li> <li>asking about the criminal record of a job applicant prior to making a conditional offer, and</li> <li>conducting a criminal background check prior to making a conditional offer. </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2698 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2698
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
condition eligibility for grants under the Edward Byrne Memorial
Justice Assistance Grant Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Trone (for himself and Ms. Waters) 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
condition eligibility for grants under the Edward Byrne Memorial
Justice Assistance Grant 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 ``Workforce Justice Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are an estimated 70,000,000 adults in the United
States with an arrest or conviction history.
(2) Nearly 700,000 adults reenter their communities after
incarceration every year.
(3) Research shows that a conviction record reduces the
likelihood of a job callback or offer by nearly 50 percent.
(4) Employment is a critical factor in successful community
reentry and reduction of recidivism for adults with a
conviction history.
(5) After two years, nearly twice as many employed adults
with criminal records avoided another interaction with the
criminal justice system compared to their unemployed
counterparts.
(6) A study conducted by the Kellogg School of Management
at Northwestern University found the turnover rate for employed
adults with criminal records to be approximately 13 percent
lower than individuals without criminal records.
SEC. 3. ELIGIBILITY FOR GRANTS UNDER THE BYRNE JAG PROGRAM.
(a) Eligibility for Grants Under the Byrne JAG Program.--Section
505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10156(a)) is amended--
(1) in paragraph (1), by striking ``in paragraph (2)'' and
inserting ``in paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Eligibility.--Beginning with the third fiscal year
that begins after the date of the enactment of the Workforce
Justice Act of 2023, to be eligible for an allocation under
this section, a State shall have enacted and be implementing
legislation that prohibits private employers from--
``(A) requiring an applicant to disclose whether
the applicant has a criminal record;
``(B) inquiring about the criminal record of an
applicant prior to a conditional offer of employment;
and
``(C) conducting a criminal background check on an
applicant prior to a conditional offer of
employment.''.
(b) Reallocation of Funds.--Section 505(f) of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10156(f)) is amended--
(1) by amending the subsection heading to read as follows:
``Reallocation''; and
(2) by inserting ``(including that a State is ineligible
under subsection (a)(3))'' after ``receive funds under this
subpart''.
<all>
</pre></body></html>
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118HR2699 | For the relief of Felipe Diosdado. | [
[
"D000096",
"Rep. Davis, Danny K. [D-IL-7]",
"sponsor"
]
] | Provides for the relief of Felipe Diosdado. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2699 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2699
For the relief of Felipe Diosdado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Mr. Davis of Illinois introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
For the relief of Felipe Diosdado.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS FOR FELIPE DIOSDADO.
(a) In General.--Notwithstanding subsections (a) and (b) of section
201 of the Immigration and Nationality Act, Felipe Diosdado shall each
be eligible for issuance of an immigrant visa or for adjustment of
status to that of an alien lawfully admitted for permanent residence
upon filing an application for issuance of an immigrant visa under
section 204 of such Act or for adjustment of status to lawful permanent
resident.
(b) Adjustment of Status.--If Felipe Diosdado enters the United
States before the filing deadline specified in subsection (c), such
named individual shall be considered to have entered and remained
lawfully and shall, if otherwise eligible, be eligible for adjustment
of status under section 245 of the Immigration and Nationality Act as
of the date of the enactment of this Act.
(c) Waiver of Grounds for Removal or Denial of Admission.--
(1) In general.--Notwithstanding sections 212(a) and 237(a)
of the Immigration and Nationality Act, Felipe Diosdado may not
be removed from the United States, denied admission to the
United States, or considered ineligible for lawful permanent
residence in the United States by reason of any ground for
removal or denial of admission that is reflected in the records
of the Department of Homeland Security or the Visa Office of
the Department of State on the date of the enactment of this
Act.
(2) Recession of outstanding order of removal.--The
Secretary of Homeland Security shall rescind any outstanding
order of removal or deportation, or any finding of
inadmissibility or deportability, that has been entered against
Felipe Diosdado by reason of any ground described in paragraph
(1).
(d) Deadline for Application and Payment of Fees.--Subsections (a)
and (b) shall apply only if the application for issuance of an
immigrant visa or the application for adjustment of status is filed
with appropriate fees within 2 years after the date of the enactment of
this Act.
(e) Reduction of Immigrant Visa Number.--Upon the granting of an
immigrant visa or permanent residence to Felipe Diosdado, the Secretary
of State shall instruct the proper officer to reduce by 1, during the
current or next following fiscal year, the total number of immigrant
visas that are made available to natives of the country of the alien's
birth under section 203(a) of the Immigration and Nationality Act or,
if applicable, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under section
202(e) of such Act.
(f) Denial of Preferential Immigration Treatment for Certain
Relatives.--The natural parents, brothers, and sisters of Felipe
Diosdado shall not, by virtue of such relationship, be accorded any
right, privilege, or status under the Immigration and Nationality Act.
<all>
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118HR27 | Prosecutors Need to Prosecute Act | [
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]... | <p><b>Prosecutors Need to Prosecute Act</b></p> <p>This bill requires certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm. </p> <p>The reporting requirement applies to state and local prosecutors in a jurisdiction with 380,000 or more persons that receives funding under the Edward Byrne Memorial Justice Assistance Grant program. The report must contain data on</p> <ul type="disc"> <li>cases referred for prosecution, </li> <li>cases declined for prosecution,</li> <li>cases resulting in a plea agreement with the defendant,</li> <li>cases initiated against defendants with previous arrests or convictions, and</li> <li>defendants charged who were released or eligible for bail. </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 27 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 27
To amend the Omnibus Crime Control and Safe Streets Act to direct
district attorney and prosecutors offices to report to the Attorney
General, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Malliotakis (for herself, Mr. Reschenthaler, Ms. Stefanik, Ms. Van
Duyne, Mr. Newhouse, Mr. Johnson of Louisiana, Mr. Fitzgerald, Mr.
Tiffany, Mr. Crenshaw, Mr. Issa, Mr. Stauber, Mr. Calvert, Mrs. Lesko,
Mr. Joyce of Pennsylvania, Mrs. Spartz, Mr. Webster of Florida, Mrs.
Cammack, Mr. McClintock, Mrs. Greene of Georgia, and Mr. Moylan)
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 to direct
district attorney and prosecutors offices to report to the Attorney
General, 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 ``Prosecutors Need to Prosecute Act''.
SEC. 2. DISTRICT ATTORNEY REPORTING REQUIREMENTS FOR BYRNE GRANTS.
Section 501 of subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10151) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) District Attorney Reporting Requirements.--
``(1) In general.--On an annual basis, each chief executive
of a district attorney or prosecutor's office that serves a
jurisdiction of 380,000 or more persons, which jurisdiction
receives funds under this part, shall submit to the Attorney
General a report that contains, for the previous fiscal year,
the following:
``(A) The total number of cases referred to the
office for prosecution of a covered offense.
``(B) The number of cases such office declined to
prosecute involving a covered offense.
``(C) For cases involving a covered offense that
resulted in a plea agreement reached with the
defendant--
``(i) the total number of such cases;
``(ii) the number of such cases by each
initial charge; and
``(iii) the number of such cases by each
charge of conviction.
``(D) The number of cases involving covered
offenses initiated against a defendant--
``(i) previously arrested for a covered
offense arising out of separate conduct;
``(ii) previously convicted for a covered
offense arising out of separate conduct;
``(iii) with an open case involving a
covered offense arising out of separate
conduct;
``(iv) serving a term of probation for a
conviction for a covered offense arising out of
separate conduct; and
``(v) released on parole for a conviction
for a covered offense arising out of separate
conduct.
``(E) The number of defendants charged with a
covered offense--
``(i) who were released on their own
recognizance;
``(ii) who were eligible for bail; and
``(iii) for whom the prosecutor requested
bail.
``(2) Uniform standards.--The Attorney General shall define
uniform standards for the reporting of the information required
under this subsection, including the form such reports shall
take and the process by which such reports shall be shared with
the Attorney General.
``(3) Submission to judiciary committees.--The Attorney
General shall submit the information received under this
subsection to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives
and shall publish such information on a publicly viewable
website.
``(4) Covered offense defined.--In this subsection, the
term `covered offense' means any of the following:
``(A) Murder or non-negligent manslaughter.
``(B) Forcible rape.
``(C) Robbery.
``(D) Aggravated assault.
``(E) Burglary.
``(F) Larceny.
``(G) Motor vehicle theft.
``(H) Arson.
``(I) Any offense involving the illegal use of a
firearm.
``(J) Any offense involving the illegal possession
of a firearm.''.
<all>
</pre></body></html>
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118HR270 | Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2023 | [
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[
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] | <p><b>Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2023 </b></p> <p>This bill divides the U.S. Court of Appeals for the Ninth Circuit into two judicial circuits: (1) the Ninth Circuit, and (2) a new Twelfth Circuit.</p> <p>The Ninth Circuit is composed of California, Guam, Hawaii, and Northern Mariana Islands. The new Twelfth Circuit is composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 270 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 270
To amend title 28, United States Code, to provide for the appointment
of additional Federal circuit judges, to divide the Ninth Judicial
Circuit of the United States into two judicial circuits, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Simpson (for himself and Mr. Fulcher) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to provide for the appointment
of additional Federal circuit judges, to divide the Ninth Judicial
Circuit of the United States into two judicial circuits, 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 ``Ninth Circuit Court of Appeals
Judgeship and Reorganization Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``former ninth circuit'' means the ninth
judicial circuit of the United States as in existence on the
day before the effective date of this Act;
(2) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 3(2)(A); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 3(2)(B).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth.................................. California, Guam, Hawaii,
Northern Mariana Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth................................ Alaska, Arizona, Idaho,
Montana, Nevada, Oregon,
Washington.''.
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--
(1) For former ninth circuit.--The President shall appoint,
by and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit. The official duty
station of a judge appointed under this paragraph shall be in
Arizona, California, or Nevada.
(2) For new ninth circuit.--The President shall appoint, by
and with the advice and consent of the Senate, 3 circuit judges
for the new ninth circuit. The judges authorized by this
paragraph shall not be appointed before January 21, 2023.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit. The official duty
station of a judge appointed under this paragraph shall be in
Arizona, California, or Nevada.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit 10 years or more after judges are
first confirmed to fill both temporary circuit judgeships
created by this subsection shall not be filled.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth.................................................... 25'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth.................................................. 9''.
SEC. 6. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth.................................. Honolulu, San Francisco,
Pasadena.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................ Phoenix, Seattle.''.
SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.
(a) In General.--Except as provided in subsection (b), each circuit
judge of the former ninth circuit who is in regular active service and
whose official duty station on the day before the effective date of
this Act--
(1) is in California, Guam, Hawaii, or the Northern Mariana
Islands shall be a circuit judge of the new ninth circuit as of
such effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of such effective date.
(b) Special Rule To Ensure Statutory Distribution of Judges.--If
the assignment of judges under subsection (a) would result in a number
of judges in either the new ninth circuit or the twelfth circuit that
exceeds the number provided for that circuit in the table contained in
section 44(a) of title 28, United States Code, as amended by section 5
of this Act, then a number of judges accounting for such excess who are
the least senior in commission shall be assigned to the other circuit.
SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit on the day before the effective date of this Act may elect to
be assigned to the new ninth circuit or to the twelfth circuit as of
such effective date, and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 9. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 7, or
(2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 10. APPLICATION TO CASES.
The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings with respect to the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings with respect to
the case shall be had in the same manner and with the same
effect as if the appeal or other proceeding had been filed in
such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after such effective date as provided in paragraph (1),
shall be treated in the same manner and with the same effect as
though this Act had not been enacted. If a petition for
rehearing en banc is granted, the matter shall be reheard by a
court comprised as though this Act had not been enacted.
SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS.
Section 291 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(c) The chief judge of the ninth circuit may, in the public
interest and upon request by the chief judge of the twelfth circuit,
designate and assign temporarily any circuit judge of the ninth circuit
to act as circuit judge in the twelfth circuit.
``(d) The chief judge of the twelfth circuit may, in the public
interest and upon request by the chief judge of the ninth circuit,
designate and assign temporarily any circuit judge of the twelfth
circuit to act as circuit judge in the ninth circuit.''.
SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS.
Section 292 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(f) The chief judge of the ninth circuit may in the public
interest--
``(1) upon request by the chief judge of the twelfth
circuit, designate and assign one or more district judges
within the ninth circuit to sit upon the Court of Appeals of
the Twelfth Circuit or a division thereof whenever the business
of that court so requires; and
``(2) designate and assign temporarily any district judge
of the ninth circuit to hold a district court in any district
within the twelfth circuit.
``(g) The chief judge of the twelfth circuit may in the public
interest--
``(1) upon request by the chief judge of the ninth circuit,
designate and assign one or more district judges within the
twelfth circuit to sit upon the Court of Appeals of the Ninth
Circuit or a division thereof whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
of the twelfth circuit to hold a district court in any district
within the ninth circuit.
``(h) Any designation and assignment of a judge under subsection
(f)(1) or (g)(1) shall be in conformity with the rules or orders of the
court of appeals of the circuit to which the judge is designated and
assigned.''.
SEC. 13. ADMINISTRATIVE COORDINATION.
Section 332 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(i) Any 2 contiguous circuits may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
SEC. 14. ADMINISTRATION.
The United States Court of Appeals for the Ninth Circuit as
constituted on the day before the effective date of this Act may take
such administrative action as may be required to carry out this Act and
the amendments made by this Act. Such court shall cease to exist for
administrative purposes upon the expiration of the 2-year period
beginning on the effective date of this Act.
SEC. 15. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect on the first day of the first fiscal
year that begins after the expiration of the 9-month period beginning
on the first date on which 5 of the judges authorized to be appointed
under section 4 have been confirmed by the United States Senate.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, including funds for additional court
facilities.
<all>
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